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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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/Madam, we have the following situation: Me:

Resolved Question:

Dear Sir/Madam,
we have the following situation:
Me: i have german citizenchip and dont need a visa for UK. At the moment i'm located in Germany, working, and searching for a job in London (in my professional field as SAP basis administrator/consultant).
My fiance: has a pending student visa in UK, has applied for a business visa (but if he wont get some additional papers from Bangladesh, his application will be must probably refused). Case hearing is in the end of April. He is in UK since 2007, in London, working according to the student visa (around 20+ hours a week).
We are thinking to get married in the beginning of April. But i'm worried because the marriage date is too close to the court hearing date. It might look suspicious if he additionally makes an application as my spouse or uses article 8 of Human Rights. As far as i know there are no certain rules about it. Due to my current work i might have to travel back to Germany untill i find a proper job in London. if i wont stay permanently in UK months during the first 1-2, will it catch attention of the home office? I'm confused about it to be honest.
Do i have these 3 months period to find a proper job (see the additional text below)? or it doesnt really help because the court will have to make a decision for his permition to stay in UK anyway on 28.4 + 2-3 weeks?
Thanks a lot in advance.
Kind regards,
Polina L.
vi. The EEA national is not a qualified person because there is no evidence of Treaty rights being exercised:
‘You have failed to provide evidence that your EEA national family member is a qualified person in accordance with Regulation 6 of the Immigration (European Economic Area) Regulations 2006. I am, therefore, not satisfied that your EEA national family member is residing in the UK in accordance with the Immigration (European Economic Area) Regulations 2006.’
Please note: because of the initial right of residence, the ECO cannot refuse someone on the basis that that their EEA national family member will not be a qualified person in the UK on arrival. However, if the ECO is satisfied that the EEA national has been in the UK for longer than three months, the ECO must be satisfied that the EEA national is a qualified person.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
How long have you been in a relationship please?
Please also confirm that you will marry in the UK?
Kind regards,
Tom
Customer: replied 2 years ago.

Dear *****as,

we are in a relationship since last October and have met every month since that time. Yes, we will marry in the UK, in London. We already made a notice for a marriage.

I also forgot to mention our age: he is 37,5, i'm 40. Both of us have a high education (he - in law, me - in IT and Engineering). I'm working in IT field since over 14 years.

kind regards,

Polina L.

Expert:  Thomas replied 2 years ago.
Hi Polina
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Because the length of time that you have been in a relationship is quite short you will have to submit detailed documentary evidence of the time that you have spent together in order to prove that the relationship is genuine.
This is additionally so because, yes, they are likely to be somewhat suspicious of the timing of the marriage having regard to date of the hearing.
However, provided that you are able to prove the credibility of your relationship and the home office accepts that you are couple in a genuine loving relationship then she should be okay to obtain her EEA residence card.
You will have to provide your passport or EEA card when your spouse applies so this may restrict your travel anyway unfortunately.
A “qualified” person for the purpose of the EEA rules means that you must be exercising treaty rights. You can do this by working but you can also do this by showing that you are “self sufficient” in that although you may not be working you are not being a burdern on the state by claiming public funds and are treating the UK as your permanent home. You will have to prove this if you are not able to find a job by the time that your spouse applies.
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.

Hi Tom,

thank you for your quick reply! I have two questions regarding it:

1. "detailed documentary evidence of the time that we have spent together" - what kind of documents are normally required for that? Are bording passes from my trips and hotel bookings enough? Or they might also request us to show our mail/whatsapp etc correspondence? What is normal in such cases?

2. "You will have to provide your passport or EEA card when your spouse applies so this may restrict your travel anyway unfortunately" - will they take my passport and keep it for a long time? I thought that a copy can be always done nowdays. Or is it not the case in such situation? European citizen are actually allowed to travel also just with an ID card. So i guess that travelling will be possible, but how will it effect the situation, that is another question.

Thanks in advance.

Kind regards,

Polina L.

Expert:  Thomas replied 2 years ago.
Hi,
1, I cannot give a complete list but it would be things like Emails, letters, evidence of previous trips, photos showing you together, phone records. You're on the right lines.
2. They will take take your passport I'm afraid, I don't think they accept a certified copy any more. If you have an ID card as well as a passport then you can submit that.
Kind regards,
Tom
Customer: replied 2 years ago.

Hi Tom,

one more question to 2: how long will they keep my passport? What does this time depend on?

Thanks a lot in advance.

Kind regards,

Polina L.

Expert:  Thomas replied 2 years ago.
Hi,
They will keep it for the time that it takes to determine the application, which will not be less than 4 weeks but if can be considerably more (up to 6 months).
Tom
Customer: replied 2 years ago.

Hi Tom ,

did i understand you correctly: they (Home office?) will keep both passports of the applicant and his spouse (mine) for the time it takes to determine the application? is travelling outside UK generally not permitted for me during this time period?

Thanks in advance.

Kind regards,

Polina L.

Expert:  Thomas replied 2 years ago.
Hi,
Yes, they will keep both. Generally, you are expected to remain in the UK.
Tom
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