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Tamari SL
Tamari SL, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 824
Experience:  LLB UK (Hons) with International Law, Foundation in the UK Law, OISC
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I am from NI, my fiancee is from mexico currently living in

Customer Question

Hi I am from NI, my fiancee is from mexico currently living in dublin on a student visa. She does not have a UK visa, but we do travel up and down across the border regularly. Do we have to be married to be eligible for the EU settlement scheme and must we be married before 31st December (when UK leaves EU)? Must she be living in the UK when we apply?
Submitted: 24 days ago.
Category: Immigration Law
Expert:  Tamari SL replied 24 days ago.

Good evening, my name isCustomerand I will help with your query today. Please bear with me and I will draft and answer for you.

Customer: replied 24 days ago.
Thank you
Customer: replied 24 days ago.
Typing is fine
Customer: replied 24 days ago.
If it's easier you can call me, but I thought you would get free call since you pay £50 per month
Expert:  Tamari SL replied 24 days ago.

No worries, I am happy to text. It is automatic offer from the system itself.

Customer: replied 24 days ago.
Okay great, so those are my main questions about the deadline for getting married and applying to the scheme. It is almost impossible for us to get married by the end of the year so if that's the only way then I don't know if it is possible
Expert:  Tamari SL replied 24 days ago.

To be able to apply for EU settlement scheme, it is better and easier to be married but it must be done before 31st of December. The applicant must be present in the U.K. before 31.12.2020

Expert:  Tamari SL replied 24 days ago.

Unmarried partner are also able to apply under the scheme but requirements are stricter as genuine relationship test is more difficult to satisfy.

Customer: replied 24 days ago.
Do you know if it is possible for us to get married in NI if my fiancee has a student visa in Ireland? Does she need a visitor marriage visa? The notice for getting married in the south is 3 months which is beyond December 31st
Customer: replied 24 days ago.
We have been together 18 months, we're engaged but haven't been living together
Customer: replied 24 days ago.
NI is 28 days notice but we're unsure what documentation she would need to get married up north. The NI direct website isn't very clear what is required of my fiancee
Expert:  Tamari SL replied 24 days ago.

In the U.K. it is not a problem to get married on a student visa. I am not 100% about NI though. It would be good to ask.

Customer: replied 24 days ago.
Her student visa is for Ireland (the south/republic). So could she get married in Northern Ireland or would she need some sort of a UK visa, as NI is part of the UK but not sure if is possible without some sort of a visitor visa?
Customer: replied 24 days ago.
I'm saying she doesn't have a visa to to enter UK however she is allowed to travel to the UK
Expert:  Tamari SL replied 24 days ago.

I am not an expert in Northen Ireland law. She should not have any problem to get married there in a student visa but it would be wise to ask locally to confirm this point.

Customer: replied 24 days ago.
Who would you recommend I talk too? If were to get married in England, with her Irish student visa (not UK) would that be possible?
Expert:  Tamari SL replied 24 days ago.

She does not need a visitor visa in the U.K. prior to her entry because of her nationality. If you will give notice of marriage in the U.K. on a visitor visa, Home Office may not accept it. It depends on them.

Expert:  Tamari SL replied 24 days ago.

No, her Irish visa is not legally valid here.

Customer: replied 24 days ago.
But the fact her student visa is Ireland, means it is unlikely they will accept it in the UK?
Customer: replied 24 days ago.
Who would be worth asking in NI? Like a marriage office or is this a immigration query?
Customer: replied 24 days ago.
she might need a UK visa of some sort most likely to come and marry in the UK then
Expert:  Tamari SL replied 24 days ago.

Please do not confuse two things. Her student visa is for Northern Ireland. Marriage registrar officer should provide an answer to your question regarding marriage in Ireland

Customer: replied 24 days ago.
Her student visa for the republic of Ireland, does that include Northern Ireland? I thought her visa was just for the south
Expert:  Tamari SL replied 24 days ago.

Sorry it was my mistake above.

Customer: replied 24 days ago.
call the registrar office and see if they will accept her visa or not? If it's possible to get married and live up here what proof/evidence would we need of her living in UK?
e.g marriage certificate, bank statements, transactions etc.
Customer: replied 24 days ago.
Do we stand a good chance of being accepted if we can get married by the end of the year for the EU scheme?
Expert:  Tamari SL replied 24 days ago.

You may ask them if it is possible to get married there on her visa. Once you are married and she will enter the U.K. she may apply for a pre-settled status. Marriage certificate, other proof of marriage: pictures, any proof of address also will be advisable to submit. As well as original passport and enrolling her biometrics. Of all the requirements are met, I do not see a problem why there will be an issue.

Customer: replied 24 days ago.
Okay thank you you've been a great help
Expert:  Tamari SL replied 24 days ago.

You are most welcome. Please also refer to the government website, it has all the information about Pre-settled status.