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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7503
Experience:  UK Lawyer holding practising certficate for England & Wales.
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HiI am indian nationality living in india at the moment I

Resolved Question:

Hi I am indian nationality living in india at the moment I was in the uk studying and I met a girl with whom I was living in for 1.5 years , as my visa got over I was back in my country my gf followed me and we got engaged . she is from Latvia now she is back in the uk as she works as a manager in a restaurant . now I am want to come back what kind of visa do I need ?

Submitted: 2 years ago.
Category: Immigration Law
Expert:  cityguru replied 2 years ago.
HI can you let me know , how along have you been apart? You say you lived together for 1 1/2 years was that in India or in the UK ?

Customer: replied 2 years ago.

we lived together in the UK , and also in india for 3 months , she left for London on 11 jan 2014

Expert:  cityguru replied 2 years ago.
Thanks. In order to get an EEA Family permit, you need to show a " durable relationship" . The UKBA guidance suggests a relationship of 2 years minimum. I doubt given the circumstances they would issue a family permit. If you were married you would have a right to one but otherwise you have no EEA rights and would have to apply for a fiancé visa.
Customer: replied 2 years ago.
But do I qualify for uk fiancé visa as she is citizen of Latvia and she is in uk from last 4 years ?
Expert:  cityguru replied 2 years ago.
If she has been in the uk for only 4 years, she will not have settled status so strictly no you cannot apply for a fiancé visa. There is however nothing to stop you applying for a visitors visa to get married here - but it might be difficult to obtain if they do not believe you will leave afterwards it would have been better in many ways if you had applied at the time she returned to the uk to accompany her. As I said if you marry you have a right to come and if she becomes settled after 5 years then you can apply for a fiancé visa.
Customer: replied 2 years ago.

so u mean to say I have only option left that is to get married ? no other way it is ?

Customer: replied 2 years ago.
Relist: Answer came too late.
answers need to be faster , cant wait all day long for it
Expert:  Thomas replied 2 years ago.
Hi,

My colleague is offline.

Do you still require an answer to your clarification question?

Kind regards.


Tom
Customer: replied 2 years ago.

yes please

Expert:  Thomas replied 2 years ago.
Thanks. Drafting your answer now. 5 mins please.

Tom
Customer: replied 2 years ago.

thanks

Expert:  Thomas replied 2 years ago.
Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

You will have to apply for an EEA family permit in order to secure your leave to remain in the UK to work. You will need to apply for it before you travel and must submit the appropriate documentation to the UK embassy closest to you:-
http://www.ukvisas.gov.uk/en/howtoapply/infs/inf18eeaswissnationals

If you are not married then you will have to show that you are in a “durable relationship”, usually this would mean having cohabited for greater than two years . However, sometimes you can argue that you should be regarded as unmarried partners if you have effectively been in a relationship similar to marriage but have not lived together for full two years.

You would have to show that even though you have only lived together for 1.5 years you have been in a relationship for over two years and that you were effectively frustrated/stopped from living together and would have been living together were it not because of whatever circumstances prevented it. If you are able to show that you would have lived together but couldn’t then you might still be successful.

So, if you are able to gather evidence and show that you have been in a relationship for over 2 years AND that you would have lived together during this time if it was possible then you still have a chance to apply for a family permit without getting married. If you cannot show with evidence, then your chances are dramatically decreased.

If you marry then you will certainly get your family permit.


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Customer: replied 2 years ago.

but Tom I am now in india not in the UK , so my question was that am I eligible for EEA or UK fiancé visa ? but after reading everything though I just wanted to ask if I have any chances of either of the two or any other kind of visa ?

Expert:  Thomas replied 2 years ago.
Hi,

Yes, I know you are not in the UK.

You are not eligible for a fiance visa. A fiance visa is for people who are planning to marry a UK citizen or someone that is "settled" in the UK. You are only "settled" in the UK as an EEA citizen once you have been living there for 5 years. So, if your fiance has not lived in the UK for 5 years then she is not "settle" and you cannot apply for a fiance visa.

An EEA family permit is the only thing that you can apply for. If you read my answer again you will see that you have a chance of getting this without getting married BUT you must show that you could not live together for longer than 1.5 years because of external circumstances AND are able to show that when you weren't living together you were communicating constantly in the same way that a married couple who were living apart would.

Kind regards,

Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7503
Experience: UK Lawyer holding practising certficate for England & Wales.
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