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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I just finished studying at university in London. My visa

Customer Question

Hello, my name is ***** ***** I just finished studying at university in London. My visa expires on the 10th of October 2016, however, my boyfriend proposed to me and we are planning on getting married and living in the UK. He is Lithuanian and has ILR. He lost his original ILR document but has got a copy. Also, we haven't lived together yet. So my questions are: can we get married and live in the UK, even though we haven't previously lived together? Does he need an original ILR document and if yes how long would it take him to get one? Kind Regards.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.

Hi

Thanks for your question. I will try to help.

I assume that you are a non-EEA national

As he is Lithuanian, I assume by “ILR” you actually mean “permanent residence” since this is what EEA nationals apply for once they have been in the UK for 5 years or more working. This is the right to stay permanently in the UK.

There is nothing preventing you marrying him in the UK even though you have not lived together. However, the notice period that you give at the registry office may be slightly longer because the home office will be informed of the married.

Once you are married you will have to apply for an EEA residence card as the non-EEA spouse of an EEA national in the UK. The webpage on this is here:

https://www.gov.uk/apply-for-a-uk-residence-card/overview

Your fiancé should really inform the home office when he lost his PR card. Normally, he would have to apply for a replacement PR card because he has lost his:

https://www.gov.uk/apply-for-a-uk-residence-card/permanent-residence-card

The difficulty is that it takes up to 6 months for them to issue the PR card and so it may not come by the time that you make your application after you are married.

My view is that you should marry and then you apply for your residence card with your husband stating in your application and covering letter that he has lost his and that he will apply for his replacement PR card once yours has been approved and sent.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Expert:  Thomas replied 1 year ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom