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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 337
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I am Italian with full time job here in the UK whilst my

Customer Question

Hi, I am Italian with full time job here in the UK whilst my partner is Chinese also living here in the UK with me. The Home Office refused our application for an EEA2 Residence Card and now we are in the process of an appeal.
My partner's business visa is expired now but she can still legally reside in the UK until the appeal is not completed.
We would like to get married while awaiting, can we?
Thank you,
Kaiyu
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Frantz I replied 1 year ago.
HelloThank you for your enquiry. As long as you appeal within the time given in the refusal letter. What was the reason for the refusal?
Customer: replied 1 year ago.
Hi Frantz,Thank you for your answer but I am afraid that my question was different.
I already appealed against Home Office decision and now I am waiting for the judge verdict.
What I actually asked is if I could get married while awaiting for the appeal to go through.The Home Office refused our application because of an error in the supporting documents,
but I don't think it matters anymore, isn't it?Thank you,Kaiyu
Expert:  Frantz I replied 1 year ago.
Following from my previous answer, if your appeal was entered on time your status remains the same until a decision is made. If you are a qualified person and partner is your non-EEA family member (unmarried partner) the regulations does not preclude you from getting married. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 1 year ago.
Hi Frantz,My appeal was entered on time. I am a bit concerned about the marriage because the council website says this
about giving notice of marriage:1) Valid non-EEA passport with appropriate immigration status or relevant marriage visa for non-EEA national2) Please be aware that Registration officials are now required to refer to the Home Office all proposed marriages and civil partnerships where either or both of the parties do not have the relevant immigration statusSince the Home Office already refused once our Residence Card application and now also our marriage notice needs to go through the Home office, I am afraid that they will not allow us to get married.Does my partner's status (waiting for the appeal decision) fall under the "appropriate/relevant immigration status"?Thank you.Kind Regards,Kaiyu
Expert:  Frantz I replied 1 year ago.
I am happy to answer further questions when the first has been rated.
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 337
Experience: Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
Frantz I and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
I have just rated your answers and also given a tip for your help.
Expert:  Frantz I replied 1 year ago.
An unmarried partner of an EU national exercising treaty rights benefits from the same rights as immediate family members if discretion has been exercised and any application for residence card will be subject to an extensive examination. Discretion will not necessarily be withheld if all the supporting documents have been provided and evidenced. I appreciate there is an element of discretion and the Home Office refused to exercise their discretion here so the general options are:1. Speak to your local registry office where you propose to get married. Take with you all your supporting documents.2. Wait until the decision of the appeal before making marriage arrangements.3. Seek independent legal advice as I am not allowed to give advice on JA. Otherwise
Customer: replied 1 year ago.
Hi Frantz,Could you please give me an answer to the following question:Given my current partner's status, do we have the right to get married?Thank you.
Expert:  Frantz I replied 1 year ago.
I have answered your question with options for you to consider within the scope of JA. I cannot give you any advice on this matter.
Customer: replied 1 year ago.
Hi Frantz,Could you make my question visible to other experts? I really need a more specific answer.
Thank you for your time.Regards,Kaiyu

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