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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hello, I just have a quick question. I am a Non-EEA with a

Customer Question

Hello, I just have a quick question. I am a Non-EEA with a Student visa, which expires the 30th of January 2015. I will get married that day with my girlfriend that i've been together for more than 1 year (long story short, the decision was made early December but we had to wait a few weeks to register + the 16 days notice). She is Croatian, BUT has her blue card certificate and currently working part-time. I am certain that she is 100% eligible to exercise her treaty right to any family members. My question is:
- Lets say I do get married the 30th of January and I send the UK Residence application the next day (which technically makes me an overstayer within the 28 days range), will it get automatically rejected for the sole reason that my visa has 1 or 2 days expired?
- Lets say I cannot get married the 30th and have to get married the 1st or 2nd of February (1 or 2 days after my visa expired), can i legally get married?
- In addition to the last question, If i get married 1 or 2 days after my visa expires, will my application get automatically rejected because I got married after my visa expired?
Please note, I am applying for UK Residence Card with the EEA 2 Form, since I'm already residing in the UK.
Any information would be very much appreciated. Thanks!
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
Once you get married and your spouse is exercising treaty rights in the UK, you are eligible to remain in the UK whether or not you apply for a residence card.
To answer your questions:
No, it will not get rejected automatically,
You may legally get married as long as the marriage is validly conducted, the legality of the marriage is not tied to your immigration status
Getting married after your visa expires does not affect the validity of your marriage, so no, it will not be automatically rejected.
Hope this helps
UKSolicitorJA and 2 other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Hello.

Sir, so sorry for late reply, I've been very busy with the procedures towards getting married.

Today was the day that I had the appointment to register for marriage, and two immigration officers were waiting for us and intimidated us with questioning about the genuineness of our relationship.

Please be assured, this is a genuine relationship. I've been with my girl for more than a year and it is something we want because we love each other, we feel this is right and I personally identify her as my partner and we want to preserve the relationship.

One thing that really struck me was that the Immigration officer said to us: "What's the rush, why are you getting married if you are going home anyways?", implying that even If I get married I have to return to my country to legalize my status. Also, at the end of the interview he said that he has been doing this for 20 years and he thinks this is a real relationship, BUT he said he was going to look into us. What does that imply? are we are under investigation or this is just standard procedure because of the expiration of my visa?

I would really appreciate your honest opinion sir, as, even though this is a real relationship, the officers really scared us with their intimidation and way of questioning.

Expert:  UKSolicitorJA replied 2 years ago.
If the marriage is genuine, you have nothing to worry about. The immigration officers were present as your circumstances raised suspicions about the genuineness of the marriage as your student visa is to expire soon.
It is standard procedure.
All the best