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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I'm a Dutch citizen resident in the UK since 1973 when

Customer Question

Hi
I'm a Dutch citizen resident in the UK since 1973 when I was age 6. My fiancée is Nepalese and here in the UK on a students visa. We would like to get married with a view to her becoming a UK resident. Is this possible?
Your advise and support is greatly valued,
Thank you,
Christopher
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
Yes, this is possible.
You both need to give notice of intention to marry at a designated registry. After getting married, your spouse may apply for a residence card on the basis of being married to you, an EEA national.
See here on the procedure for giving notice of intention to marry
https://www.gov.uk/marriages-civil-partnerships/foreign-national
May I help further?
Customer: replied 2 years ago.

Thank you very much for this information, this has helped greatly and we now have a wedding ceremony booked for the 16th February. My fiancée's student visa runs out on the 20th February but by this time she will be my wife. What I really need to know is it in anyway possible for her to stay on in the UK with me while we apply for the UK residence card? As I am a Dutch citizen resident in the UK just maybe this is a possibility?

Thanking you for your time and support with this important matter.

With best wishes and warmest regards,

Christopher.

Expert:  UKSolicitorJA replied 2 years ago.
There is a possibility that immigration officers will try and question both of you on your wedding day to establish if the marriage is genuine as it is only a few days before her student visa expires.
Once you get married,she has the right to reside in the UK, applying for a residence card is merely a formality.
All the best
Customer: replied 2 years ago.

Thank you so much. This is really such wonderful news! Do we have to give any formal notification to the Immigration office that she is staying on after her visa expires ? Or does she just stay and we go ahead with the UK residence card application and take it from there. Are you sure we would not be in breach of any immigration laws?

Thank you for your continued support,

With best wishes and warmest regards.

Christopher

Expert:  UKSolicitorJA replied 2 years ago.
No notification requIred and you are a permanent resident having lived in the UK for so long.
She simply applies for a residence card using form EEA2.
See here for confirmation that she does not need to do anything once you get married, applying for a residence card is merely optional but advisable
https://www.gov.uk/apply-for-a-uk-residence-card/overview
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UKSolicitorJA and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you very much.

I can't see in the application for UK residence card overview any reference to my spouce's eligibility to stay on in the UK once her student visa has run out, only reference to her entitlement to apply for a residence card.I had assumed that this assumes that she would have a current valid visa. Just to be sure does our marriage status override the need for a current vallied visa? Sorry to be so panicaty I just want to be absolutely sure.

Thanking you again for your time and continued supported

Christopher

Expert:  UKSolicitorJA replied 2 years ago.
Your marriage status overrides the fact that her visa will have expired. See the wording belowYou don’t need a residence card to live in the UK, but it can:help you re-enter the country more quickly and easily if you travel abroadshow employers you’re allowed to work in the UKhelp prove you qualify for certain benefits and servicesAll the best
Customer: replied 2 years ago.

As an EEA resident in the UK since 1973 exercising Treaty Rights do I need to apply for a registration certificate. I'm assuming this is not necessary as I have been here for so long.

Expert:  UKSolicitorJA replied 2 years ago.
No, you do not need to apply for a registration certificate as it is optional. You may also apply for British Citizenship if you wish to as you meet the qualifying residence criteria.

Hope this helps
Customer: replied 2 years ago.

Thanks very much indeed ! Yes this helps.

Goodness didn't expect a reply this quickly. Your up early.

With best wishes and warmest regards,

Christopher

Expert:  UKSolicitorJA replied 2 years ago.

Cheers. As they say..the early bird....

Customer: replied 2 years ago.

Hi,

I just realised that on the do's and don't's for student visitors visa it states that the student is not allowed to get married (see link below.) I am assuming that this refers to UK law but again because I am a Dutch citizen and because of the EU Treaty this statement does not apply. Just making absolutely sure.

Thank you again for your time and patience in this matter.

Best wishes and warmest regards,

Christopher.

Link to can's and cant do's https://www.gov.uk/study-visit-visa/overview

Customer: replied 2 years ago.

Good morning.

I am just wondering if you received my last question and if you might have time to consider it.

Thanks again,

Best wishes and warmest regards,

Christopher

Expert:  UKSolicitorJA replied 2 years ago.
Hello Christopher,

That condition applies to a student visitor visa, not a student visa which you said your fiancee is on.

Cheers
Customer: replied 2 years ago.

Thank you for your response,

.

My fiancée is on a Student visitors visa I did not know that that was not a students visa. So had referred to a student visa as a general term.

Will this be a problem now?

Expert:  UKSolicitorJA replied 2 years ago.
A student visitor visa is quite different from a student visa I am afraid. What I do not understand is that you already have a marriage ceremony booked for 16th February, on a student visitor visa, your fiancee would not have been able to give notice to marry in the first place.

I would advise you to keep your fingers crossed and see if the marriage on the 16th February takes place, if it does, she is home and dry. The risk as I have highlighted before is that immigration officers may try and stop the wedding.

All the best. Please ask any new questions separately on a new question asking forCustomeronly to answer.
Customer: replied 2 years ago.

Thank you again for your response.

The registrar did not ask for my Fiancée's visa when we were interviewed but went through the formal process of interviewing us before we were permitted to give notice. She had been very helpful in organising things for us and she was happy with our interviews and accompanying documents etc. Although I am sure we can evidence our genuine relationship, if immigration officials turn up on the 16th for the wedding ceremony I am very worried that because the error of understanding has occurred around my Fiancée's Student visitors visa they will stop the procedure and try to deport my Fiancée immediately. My Fiancée has a ticket to return to Nepal on the 20th. If worst came to the worst and immigration officials were present would they let her return as normal and just explain to us that we are not permitted to get married or might they take further action? I would not want this to prevent my Fiancée from entering the UK in the future or worse still for them to take any criminal proceedings against either myself or my Fiancée. I agree with you that I should try and see if the marriage goes ahead and of course this is what both of us really want. Is it the registrar that would notify immigration officials of any concerns if she was not happy with the interviews or is this an automatic process for check thats flagged up in situations like ours. I feel as the registra was happy with our interview she would not in this case alert Immigration.

So I guess what I am asking is:

1. Is there any possibility my Fiancée could be deported .

2. Could there be implications for further visits to the UK

3. Could we be faced with any criminal proceedings

4. Is the registrar who initially interviewed us the person who would notify Immigration

Apologies that I have not asked this in a new question but when I tried to do this I was limited with the amount of text I could enter.

I would so greatly appreciate once again your advice as I am really very worried at this stage now as to which way to proceed and need to be prepared to let Family and Friends know if we have to pull out for now.

Thank you for all your advice and time on this.

With best wishes and warmest regards,

Christopher.

Expert:  UKSolicitorJA replied 2 years ago.
Please ask your 4 questions in a new question, I will have the background.