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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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This question is regarding UK law. My Italian boyfriend

Resolved Question:

This question is regarding UK law. My Italian boyfriend lives (rents) and works in the UK. I am an American citizen. Our goal is for us to both be able to live and work in the UK. In the event I cannot get a work visa, what are my options for getting the
equivalent of a US green card (I understand it is called "Indefinite Leave to Remain")? First, can I marry an Italian citizen and get to stay in the UK? Does his nationality affect anything? Please help me understand the process, timeline and fees associated
with: 1. Going to the UK on a tourist visa and getting married while in the UK. What happens then... 2. Going to the UK on a finance visa... 3. Other options I'm not aware of. Thank you, ***** ***** your time and expertise. We've been dating long distance
for almost a year and I'm so emotionally exhausted. Clearly understanding all the options will help us make the smartest decisions.
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
If I COULD get a work visa, could I marry there and then apply to stay, but not connected to the job, if I left the job?
Thank you.
Expert:  Thomas replied 1 year ago.
Hi Thanks for your patience . How long have you lived together on the same accommodation with your boyfriend please?Kind regards Tom
Customer: replied 1 year ago.
Hi Tom,I should have been more clear. I live and work in the US now.We have dated long distance for almost a year. We spent a month in the US (Jan 2015), 3 weeks in the US (Jun/Jul), he tried to come back to the US in Sept on an ESTA and was denied entry (instructed to get a visa, no bar on future entry), I went to Italy for 2 weeks (Oct). He just moved to London in early Nov.We were sharing a roof during these visits, but we have never lived together.There is a slight possibility I could go to the UK on a tourist visa and work for my current company remotely (for 3 months), if there is an "way" that includes that strategy.Thank you.
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Because of the short length of time you have been in a relationship you would not be eligible for a family permit/residence card to live in the UK without marrying him.
If you were to marry outside of the UK then you could apply for and obtain an EEA family permit in order to secure your right to come to the UK to work/settle.:-
https://www.gov.uk/family-permit/overview
Once you have come to the UK on your family permit you will be eligible to apply for a residence card which confirms your right of residence in the UK on the basis of your marriage for 5 years:-
https://www.gov.uk/apply-for-a-uk-residence-card/overview
This would probably be the easiest thing to do. There is no EEA equivalent of a “fiancé” visa which allows you to enter the UK, marry and then apply for a residence card. So, if you wished to marry in the UK you would have to apply for a marriage visitor visa (https://www.gov.uk/marriage-visa/overview) and the return to the US to make your application for a family permit.
As I say, the simplest thing to do would be to marry in your home country (or otherwise outside of the UK) and then apply for an EEA 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 1 year ago.
Thank you, Tom."if you wished to marry in the UK you would have to apply for a marriage visitor visa (https://www.gov.uk/marriage-visa/overview) and the return to the US to make your application for a family permit."The marriage visitor visa specifies "you’re not planning to stay or settle in the UK after your marriage or civil partnership." So I just have to say I don't plan on settling in the UK on that specific trip? Essentially, it's totally legal for me to marry in the UK and return to the US knowing I'll be turning right back around and applying for the family permit?Can you tell me about how long it takes (the application process) to get a:
Marriage visitor visa (website says 3 weeks)
EEA Family permit (?)
Residence card (?)Thank you so much!
Expert:  Thomas replied 1 year ago.
Hi,
The problem is that there is no real facility for a non-eea national to enter the Uk to marry an eea national.
This means that you would have to state in the application for a marriage visit visa that you know you will have to leave the UK in order to make an application for a family permit. However, they still might suspect you will attempt to stay permanently and so this is why I say that the easiest way forward is to marry outside the UK.
Marriage visit - 3 weeks minimum, probably more like 4-5 weeks
Family permit - 4-12 weekls
Residence card - 4-6 months (because you would already be in the UK at this point.
No guarantees on those times though.
Please remember to rate my answer.
Tom
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Customer: replied 1 year ago.
Thank you, ***** ***** appreciate your help!

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