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Buachaill
Buachaill, Barrister
Category: Law
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Experience:  Barrister 17 years experience
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There. I'll try to be as specific as possible here.I

Resolved Question:

Hello there. I'll try to be as specific as possible here.
I am a Norweg***** *****ving and working in the UK (self-employed - freelancer in the film business) and my girlfriend is South Korean and has studied her MA here in the UK for 2 years.
Her student visa expired in April but she has been here as a visitor after that for most of the year. We are renting an apartment together (since February this year) and have been a couple for around 3 years, but only actually living together since February. As i understand we need to have lived together for 2 years (minimum) to apply for a unmarried eea residence card?
Then, if we were to get married - can we do it in the UK even tho she has no other rights to be here then a visitor? If yes, do we have to wait for a certain amount of time before she can apply for an eea residence card? And is there anything obvious that could prevent her from getting the eea residence card?
Many thanks,
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. I would advise you to apply immediately for a FLR(M) visa for your girlfriend based on you having been a couple for three years. There is no requirement for you to have been living together for that three year period. It is sufficient if you were in a subsisting relationship. Here is a link to the relevant form and guidance on how to fill in it https://www.gov.uk/government/publications/application-to-extend-stay-in-the-uk-as-a-partner-form-flrm
Expert:  Buachaill replied 1 year ago.
2. There is an issue around marriage. The UK Border AGency have a policy that they will not GRANT a visa to anyone to get married in the UK. So, your girlfriend and you will find it difficult to get married here in the UK whilst she is on a Visitor Visa. Instead, you should regularise her visa situation and then get married if you want afterwards. Finally, there is nothing at the moment which will prevent her getting a visa. However, if she spends too much time in the UK ON a visitor visa, then her status will be queried.
Customer: replied 1 year ago.
Thanks for your reply.
In terms of the income requirements I cannot meet that at the moment with what I am earning as a freelancer as I started working in february. Together we have the opportunity to be sponsored by somebody to meet that requirment, would that work? What is the lenght of a FLR(M) ?
Expert:  Buachaill replied 1 year ago.
3. What do you mean by sponsored? Are they going to employ you on a fixed salary above the £18,600 limit? A FLR(M) visa is for 30 months with then an option to extend for another 30 months which then leads to citizenship.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10456
Experience: Barrister 17 years experience
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