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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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I am planning to marry my fiance who is Spanish. I am not

Customer Question

I am planning to marry my fiance who is Spanish. I am not an EU citizen. Where would I then stand in terms of my application for a visa for the UK, would I only be granted a Spanish Visa or UK visa?
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi, thank you for your question, I will be happy to help you today.

Is your partner in the UK?
What nationality are you?
Would you only like be informed about what visa you will be issued with?

Kind regards
Customer: replied 3 years ago.
Hi,

Thank you for your response.

Yes my partner is in the uk. Nationality is Mauritian.

We would like to know the visa issued, any procedures, necessity to visit Spain to apply, do I get uk or Spanish visa?

Thank you.
Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

If your partner is in the UK and you have a valid visa in the UK then once you have married you are able to apply for an EEA residence permit. This will be issued to you for 5 years.

When applying you need to ensure that your partner is employed in the UK (exercising treaty rights), she will need to submit evidence of employment in the UK ie payslips, bank statements, employment contract confirming she is employed.

You need to apply by filling in from EEA 2, please see the following link:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/314846/EEA_2_Residence_Card_06-14.pdf

You need to submit evidence of your marriage, photographs and evidence of you residing together ie letters , tenancy agreement.

You will be issued with an EEA residence permit for the UK only, this will not allow you to reside in Spain. Once you have been residing in the UK for 5 years you will then be issued with permanent residency. After holding permanent residency for 1 year you will be eligible to apply for British Citizenship.

I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.
I do not currently have a valid uk visa. How might that affect the situation?
Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

If you are able to marry or apply, then although the fact that you do not have a valid UK visa will be taken into consideration, the home office will still process the application and usually in most cases it should be decided in your favor, the fact that you will be married assist your application.

If the decision does go against you then you would need to return to your home country and submit the application.

I hope this answers your question.

Kind regards
Expert:  UK_Lawyer replied 3 years ago.
I hope this answers your question, if so kindly rate my answer positively so i can get credited for my time.

Kind regards
Expert:  UK_Lawyer replied 3 years ago.
Is there anything further I can assist you with? If not kindly provide a rating.

Kind regards
Expert:  UK_Lawyer replied 3 years ago.
Is there anything further I can assist you with? If not kindly provide a rating.

Kind regards