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Thomas
Thomas, Lawyer
Category: Immigration Law
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Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a resident in the UK since March 2016, Self Employed

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I am a resident in the UK since March 2016, Self Employed with my own LTD company that I use to invoice my customers. I am a Croatian national as well as Australian citizen (both passports) and in the UK working under my Croatian passport (EU/EEA right to work).
I now want to bring my fiance to the UK and the GOV.UK website is a little confusing as to the best way to bring her here. She is an Indian national/passport holder, not working at the moment.
Ideally I would like to bring her to stay with me for more than 6 months as we plan to live here - which is the best course of action to do it the most correct and legal way.
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Thomas replied 6 months ago.

Hi

Thanks for your question. I will try to help.

The easiest thing to do to get her to the UK to settle with you is to marry outside the UK first, she can then apply easily to come to the UK and settle with you.

If you are an EEA member state national then she will have to obtain an EEA family permit first and then travel here to settle with you

She will have to apply for and obtain an EEA family permit in order to secure her right to travel and stay in the UK to work. She will need to apply for it before she can travel and must submit the appropriate documentation to the UK embassy closest to her:-

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

Once she has come to the UK on her family permit she will be eligible to apply to the home office for a residence card which confirms her right of residence in the UK on the basis of your marriage:-

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

It will either take the form of an endorsement in her passport or as a separate immigration status documents confirming her right to reside here for 5 years.

At the end of this time she will be able to apply for a Permanent Residence here if she wishes and has not spent significant time outside the UK. This is the right to stay in the UK permanently without any visas and regardless of whether she remains married to you.

If you proposed to marry in the UK, then it’s a bit tricky if you have not been in a relationship (ie. cohobating with her) for two years because there is no EEA right to bring a fiancé here to marry. She would have to apply for a marriage visit visa (https://www.gov.uk/marriage-visa/overview) and then return to her home country and then apply for a family permit in the same way as above.

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 6 months ago.
Hi Tom,
We were cohabiting together in Kuwait for about 2.5 years until I left in March to come to the UK. She then finished her work there and went back to India in July. How do we prove cohabitation? We dont have any tenancy agreements for apartment to show both our names - all we would have is flight tickets and photos of us travelling together?Thanks
Tommy
Expert:  Thomas replied 6 months ago.

Hi Tommy,

If you have cohabited for that length of time then you would normally be able to apply for a family permit without being married on the basis that you are in a durable relationship. This would mean that you would not need to marry in order for her to come her on a family permit.

However, the issue is that you have to prove that you lived together. If you don't have tenancy agreements, utility bills, banks statements and other records showing that you lived at the same property for over two years then it's going to be difficult. You could attempt to apply without these things but with statutory declarations/affidavits swearing that you lived together but it would be likely that they would reject it for lack of evidence and you would waste further time.

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

Tom

Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
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