Marriage in Denmark and applying for EEA status within UK

Is the sponsor an EU/EEA or Swiss national ? To what extent is freedom of movement still restricted for same-sex couples in the EU ? Do you have experience of immigration bureaucracy in other European countries ? Please also visit EU/EEA page in the main website

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enic
Posts: 14
Joined: Sat Jul 07, 2012 11:21 pm
Location: London, UK

Marriage in Denmark and applying for EEA status within UK

Post by enic » Sun Jul 08, 2012 12:33 am

Hi everybody!

First, I wanted to say sincerest thanks to the UKLGIG team and their supporters. I've been thoroughly studying the site and forums for the past few weeks now and so far it has been the best resource to get my head around the cumbersome and ever-changing UK immigration legislation, especially when it comes to same-sex relationships. You guys are doing a great job!

I'm a Latvian citizen (EEA) and plan to relocate with my long term boyfriend (Turkish) to UK, as neither Latvia nor Turkey recognizes same-sex unions in any form. I was looking at different options and so far the simplest seems to be to get married in Denmark and then move to UK as partners. Here are a few reasons:

* since June 2012 same sex-marriages are fully equal to heterosexual ones;
* the required paperwork and bureaucracy involved is one of the simplest in Europe;
* the turnaround times are pretty efficient;
* virtually no prior residence requirement (marriage documents can be sent by post/email for prior evaluation; some municipalities require a minimum 3 day prior residency though);

Having said this, I have also considered to use the CP visitor Visa and Proposed CP Visa option to register our CP in UK. The latter seems like an overkill for an EEA/EU national with the visa alone costing 800 quid, the former needs proof that we will leave the country once the CP has been registered.

Now, my Turkish spouse-to-be has a UK multi-entry visa for 6 months. As I've understood from all the documentation, there's no way we can switch categories from within the country (applying for another visa at the moment isn't possible due to travel arrangements). So my first question is:

1) Can we get our CP registered in UK on a visitors visa? And if so - how do we proceed from there (him being the partner of a EU citizen exercising Treaty rights)?

There's another interesting thing I have found in the UKBA Immigration directorate instructions (Chapter 7, Section 3), by which the non-EEA family member "submits an application for admission post arrival:
The person has arrived seeking entry in another capacity and whilst on TA seeks admission
under the EEA Regulations. In such circumstances the same guidance as in ii) above [person is unable to produce satisfactory evidence on arrival] should
be followed except that a decision within one week of the application under the EEA
Regulations is a reasonable expectation.


2) So, based on this statement, am I correct to assume that, once married/in CP, my partner can switch his status within the UK from his visitors visa to that of a EEA family member?

And finally, based on an infamous (but ironically not so well known to airline and border staff) Article 5.4 of the Directive:

Where a Union citizen, or a family member who is not a national of a Member State, does not
have the necessary travel documents or, if required, the necessary visas, the Member State
concerned shall, before turning them back, give such persons every reasonable opportunity to obtain
the necessary documents
or have them brought to them within a reasonable period of time or to
corroborate or prove by other means that they are covered by the right of free movement and
residence.


3) Has anyone had any experience putting this article in practice, i.e., crossing a European border armed with passport and marriage/CP certificate alone? I've read in other forums that opposite-sex couples generally get accepted (with some occasional exceptions), but what about same-sex partners? Any stories about that?

Sorry for the long post, but hope this information will be useful to many other couples looking for a way to unite in UK with least hassle and paperwork.

Any help and comments are greatly appreciated!
Good luck to you all! :)

George
Directive 2004/38/EC: My Bible and guide when navigating the Seven Seas of European immigration policies.

mym
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Re: Marriage in Denmark and applying for EEA status within U

Post by mym » Sun Jul 08, 2012 12:56 am

1. Yes.

2. Yes (his status changes the moment you register your CP, regardless of whether you apply for the Residence Card that confirms it).
--
Mark. London UK.
Any responses on this forum represent the opinion of the writer only
If you need legal advice, see http://uklgig.org.uk/?page_id=100 for a list of solicitors

enic
Posts: 14
Joined: Sat Jul 07, 2012 11:21 pm
Location: London, UK

Re: Marriage in Denmark and applying for EEA status within U

Post by enic » Sun Jul 08, 2012 8:14 am

mym wrote:1. Yes.

2. Yes (his status changes the moment you register your CP, regardless of whether you apply for the Residence Card that confirms it).
Thanks for a speedy reply Mark! Guess I was not the only one up at that hour :)

1. Could you please elaborate on this one when you have more time or direct me to appropriate article or link - I'm having trouble finding the relevant information.
So far, as I've understood, one cannot register a CP in UK if he's there on a temporary visit visa (up to 6 months) as is my boyfriend's case. I would be greatful for any advice on the issue!

2. Ok, so as far as UKBA is concerned - if he has entered and residing in UK legally (whether on Family Permit or Visitor visa), he can apply for the 5 year residence as any other spouse/partner of a EEA national, right? How does it work in terms of timing - he has 5 months left on his visit visa, do we need to apply with EEA2 as soon as possible or we can wait a while? How does this visa term combine with the 3 months requirement for the EEA national to exercise his Treaty rights?

Thanks in advance! :)
Directive 2004/38/EC: My Bible and guide when navigating the Seven Seas of European immigration policies.

mym
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Posts: 1530
Joined: Tue May 22, 2007 1:01 pm
Location: London

Re: Marriage in Denmark and applying for EEA status within U

Post by mym » Sun Jul 08, 2012 9:45 pm

So far, as I've understood, one cannot register a CP in UK if he's there on a temporary visit visa (up to 6 months) as is my boyfriend's case. I would be greatful for any advice on the issue!
Read the section on http://www.ind.homeoffice.gov.uk/visas- ... igibility/ called "If both of you are in the UK". Since the abolition of the CoA all you need to do is give notice.
2. Ok, so as far as UKBA is concerned - if he has entered and residing in UK legally (whether on Family Permit or Visitor visa), he can apply for the 5 year residence as any other spouse/partner of a EEA national, right?
Once he is your CP, yes.
How does it work in terms of timing - he has 5 months left on his visit visa, do we need to apply with EEA2 as soon as possible or we can wait a while? How does this visa term combine with the 3 months requirement for the EEA national to exercise his Treaty rights?

You can apply whenever you like, the change in his immigration status occurs the moment the CP is registered, however when you apply for confirmation of that status in the form of a Residence Card for him and a Registration Certificate for you, then you (the EEA National) must be exercising Treaty Rights at that point.
--
Mark. London UK.
Any responses on this forum represent the opinion of the writer only
If you need legal advice, see http://uklgig.org.uk/?page_id=100 for a list of solicitors

enic
Posts: 14
Joined: Sat Jul 07, 2012 11:21 pm
Location: London, UK

Re: Marriage in Denmark and applying for EEA status within U

Post by enic » Mon Jul 09, 2012 6:05 am

Read the section on http://www.ind.homeoffice.gov.uk/visas- ... igibility/ called "If both of you are in the UK". Since the abolition of the CoA all you need to do is give notice.
Thanks for such a clear and definitive answer Mark!
I've looked at some info on different Registrar websites and some of them also stated that if both of us are legally in UK (even if on a tourist visa), we still have rights to give notice and register our CP at a Designated office.

I have one more question regarding the process though - how do we get the proof of address for the 7-day-residency requirement? We'll be staying at a friend's house and if necessary can move to a hotel or find a landlord who will agree to sign a Tenancy Agreement with us.

Can a hotel bill or a Tenancy agreement be used as proof of residence?

I'm assuming most people who get married on a visitors visa and then leave the country also don't have Tenancy agreements or bank statements in UK, so how do they comply with this residency requirement?

Sorry for too many questions, but I just want to be absolutely sure of what I am doing. Immigrating to another country and registering a partnership can be quite daunting.

Better safe than sorry :D
Directive 2004/38/EC: My Bible and guide when navigating the Seven Seas of European immigration policies.

mym
Moderator
Posts: 1530
Joined: Tue May 22, 2007 1:01 pm
Location: London

Re: Marriage in Denmark and applying for EEA status within U

Post by mym » Mon Jul 09, 2012 9:05 am

I'm afraid that I don't know. I suspect that it is just done by declaration (i.e. they take your word for it) - but I suggest you ask the Registrars for confirmation.
--
Mark. London UK.
Any responses on this forum represent the opinion of the writer only
If you need legal advice, see http://uklgig.org.uk/?page_id=100 for a list of solicitors

maviexpat
Posts: 1
Joined: Tue Jan 26, 2016 1:38 am

Re: Marriage in Denmark and applying for EEA status within U

Post by maviexpat » Tue Jan 26, 2016 2:05 am

Hello enic!

It has been ages since you posted this entry. However; I would like to ask a significant question about the documents needed to marry in Denmark. We (Turkish and Polish couple) are about to collect the documents needed for marriage to be conducted by Danish authorities.

However, I am facing with trouble as Turkish authorities do not issue ''marital status'' paper since same-sex marriages are not legal in Turkey, it needs to state that the information about your initial spouse which descirbed in the section as ''women''. I dont know what to do, as we already purchased our tickets to Denmark. If you have gone by Denmark option,would you please tell me how your partner handled the marital status issue.

Any kind of response will be highly appericiated guys.

Regards.

enic
Posts: 14
Joined: Sat Jul 07, 2012 11:21 pm
Location: London, UK

Re: Marriage in Denmark and applying for EEA status within U

Post by enic » Sat Jan 30, 2016 1:13 pm

Hi maviexpat,

Can't believe it's been 4 years since I've made the original post :)

We went with UK option and got a civil partnership here 3 years ago.
It was quite straight-forward with no complications, they have made the rules somewhat stricter since then, I've heard.

When it comes to marriage in Denmark, I'm afraid I have no experience so what follows is just my personal opinion and advice.
Get all possible social docs from Turkey, even if it states that the person is 'not married to a woman'. I'm pretty sure Danish registration officials know that same sex relationships are a very controversial topic in many countries and if you simply explain to them that it is impossible to get an official document from Turkey that explicitly states that the person is not currently married to a man OR woman - I'm sure they will understand it and not cause any trouble. You do need to ensure that all your documents are properly translated (notarized) and perhaps you also need an apostille (not sure about that one since it's been years since I've researched the topic).

Essentially - get all possible papers from Turkish officials (and I personally know what a nightmare that alone can be :mrgreen: ), translate them and prepare them in any other manner necessary. Then fly to Denmark and when you apply - plead your case and hope the Danish officials will be reasonable. From my experience (I've lived there briefly) - they usually are.

Feel free to post back here if there's anything else I can help with! Good luck! :wink:
Directive 2004/38/EC: My Bible and guide when navigating the Seven Seas of European immigration policies.

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