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Waleed Hassan
Waleed Hassan, Immigration Solicitor
Category: Immigration Law
Satisfied Customers: 42
Experience:  I have extensive knowledge in Immigration, Nationality and Asylum law and have had conducted in lead cases.
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I am Italian with full time job here in the UK whilst my

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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 which has been entered on time. We would like to get married while awaiting for the appeal outcome but 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
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Nicola-mod replied 9 months ago.
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Customer: replied 9 months ago.
I would like to wait. Thank you.
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Expert:  Waleed Hassan replied 9 months ago.

Thank your for your query.

I am not sure if your partner is holding has her passport or if it with the Home Office. If she does have her passport, you both can go to the registrar to give notice of marriage. As your partner is a non-eea national with no leave and has appealed, this does not count i would say as relevant immigration status, the registrar will automatically refer the matter to the Home Office. The Home Office will either raise no objections to the marriage or they may proceed to an interview to verify that the relationship is genuine and subsisting.

If you partner does not have her passport, you may request a certified copy of her passport from the Home Office.

I am presuming, as you have not set why your partner's EEA application was refused, that the application has been refused on the basis that you have not lived together for two years hence why you considering in getting married. Or maybe that the Home Office refused the application on the basis that it is not genuine? if this was the case, it may be difficult to get married. In any event, your partner and you have a right under Article 12 of the European Convention on Human Rights which provides for the right to marry.

Please note that this response is given to you as information only as does not constitute a legal advice as per just answer policy.

Please kindly rate my answer.

Waleed Hassan, Immigration Solicitor
Category: Immigration Law
Satisfied Customers: 42
Experience: I have extensive knowledge in Immigration, Nationality and Asylum law and have had conducted in lead cases.
Waleed Hassan and other Immigration Law Specialists are ready to help you
Customer: replied 9 months ago.
Hi,Firstly I would like to thank you for the answer.The Home Office returned my partner's passport already and we also called the council registration office to give notice of marriage. The appointment to present all the relevant documents is set for the 5th May and the ceremony booked for the 19th July.Today we also received the decision of the appeal which is here attached.The main reason given by the judge is that my partner and I cannot yet show evidence of durable relationship, as we have not been living together for 2 years.Now we want request permission to appeal to the Upper Tribunal with the following grounds:1) The paragraph 8(5) of the Immigration (EEA) Regulation 2006 does not mention any minimum cohabitation time
2) We applied to give notice of marriageMy questions are:a) Are we making the best decision by appealing to the Upper Tribunal?
b) What other choices does my partner have to stay legally in the UK while awaiting for the marriage to be approved by the Home Office?Thank youKaiyu
Expert:  Waleed Hassan replied 7 months ago.

Thank you for your query.

Sorry for the delayed response.

I would consider lodging the appeal as you have rightly stated that the regulation does not ask for two years relationship. Assuming that you get permission granted by the Tribunal and later the Tribunal finds that you are in a durable relationship, the most the Tribunal can do is refer your case back to the Home Office to make a new decision based on the Tribunal finding. The Tribunal cannot order for your partner to be given a residence card.

So if you want your partner's case resolved quickly, I would ask you to consider getting married and make a new application on the basis that your partner is married to an EEA national.

Regards

Waleed Hassan

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