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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7590
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a foreigner want to marry an EU citizen. I used to live

Resolved Question:

I am a foreigner want to marry an EU citizen. I used to live here before, I am here at the moment on a visitor's visa,to see my fiance. We want to get married, what would be the best process,for us to go back home and get married or stay and get married here. My visa will expire
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Thomas replied 8 months ago.

Hi

Thanks for your patience.

Is your fiance living and working in the United Kingdom?

Tom

Customer: replied 8 months ago.
he is an EU citizen
Customer: replied 8 months ago.
He has been living here for the past 4 YEARS. I am from South Africa. I'm currently here on a visitor's visa. Please let me know what would be the procedure for us to get married here? Would it be easier if we got married in our respective countries? If so what would be the process to then live here in the UK be? At the moment I am not working, I was working back home before I came to visit, I left the job a month ago. I see that income seems to be a stumbling block with these sort of marriages is the a way around this. He works but I am not sure annually how much he makes.
Expert:  Thomas replied 8 months ago.

Hi

Thanks for your question. I will try to help.

You are not really allowed to marry whilst in the UK on a visit visa, so it would be less controversial if you married outside the UK.

Once married you would then have to apply for an EEA family permit in order to allow you to travel to the UK for the purpose of settling here with your then-spouse:

https://www.gov.uk/family-permit/overview

Once you have arrived in the UK you can then apply for an EEA residence card, which confirms your right to stay in the UK to work provided that you remain married to your EEA spouse and that they remain working in the UK.

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

Your spouse has to be exercising their treaty rights by working in the UK, but income is not as much as an issue as it would be if your spouse were a UK citizen and not an EEa citizen.

If you remain in the UK for 5 years on the residence card with your spouse also working then you can apply for “permanent residence” which is the right to remain permanently in the UK without having to be married to your spouse.

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

Customer: replied 8 months ago.
How long does the EEA permit take? We are just thinking of the cost when we think of getting married here, we would habe to make several trips to South Africa together. Is the another visa I could apply for that would allow me to marry here?
Expert:  Thomas replied 8 months ago.

Hi

An EEA family permit takes between 4-8 weeks (but sometimes more up to 6 months).

If you proposed to marry in the UK then you would have had to apply for a marriage visit visa, which is different to a standard visit visa which is what I presume you are currently on:

https://www.gov.uk/marriage-visa/overview

If you were able to marry on your present visit visa then thsi could cause complications further down the line when you apply for your family permit and/or residence card.

Please do remember to leave feedback using the stars at the top of the page..

Tom

Customer: replied 8 months ago.
Thank you so much for all your information. I have one more question.
We have decided to get married back in South Africa, you have already said it will take up to 6 months to get the permit. Where do we apply for it and do we both need to be present and he will come back to work after the honeymoon
Expert:  Thomas replied 8 months ago.

Hi,

You apply for it online using the link above then you would have to go to one of the visa applicaiton centres in SA in order to give your further biometric details:

https://uk.tlscontact.com/za/cpt/splash.php

He does not need to be present, he can come back to the UK and carry on working..

Please leave feedback using the stars at the top of the page.

Tom

Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7590
Experience: UK Lawyer holding practising certficate for England & Wales.
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