Re enter on marriage visa

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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frewed
Posts: 4
Joined: Fri Jan 20, 2012 7:58 am

Re enter on marriage visa

Post by frewed » Sun Jan 21, 2018 12:58 pm

I am an EEA national with protected rights to stay in UK. My partner is Non-EEA national living and working abroad. We have been in a long-distance relationship for more than seven years. We are now planning to get married and the plan is for him to return home after the wedding (at least for now). We thought we had it all figured out and the plan was to apply for marriage visa for him to travel to the UK middle of August. He would then have to be in the UK for eight days before we can give notice which would be around 23rd or 24 August and then have the actual ceremony on 27 September, which is more than the 29 days notice period required. However, I phoned the registration office to book appointment to give notice and they informed me that we have to wait 71 days from giving notice to ceremony, even if we have obtained the correct Visa. This plan was working well for us as he could apply for one month's unpaid leave + 2-3 weeks annual leave, which would give us enough time to fit everything in.

The question now is do we still apply for marriage visa and he travels to the UK mid August and we give notice as planned after which he leaves the country and returns a few months later for the ceremony within the six month validity of the visa. If this is not viable can we apply for extension of visa or apply for a new visa for instance 8 or 9 months later. I am aware the ceremony has to take place within 12 months of giving notice. Or are there any alternative suggestions you can give us.

kajola
Posts: 140
Joined: Fri Jan 07, 2011 4:10 am

Re: Re enter on marriage visa

Post by kajola » Tue Jan 30, 2018 8:57 pm

Hi

did they give you reasons as to why the notice period is 71 days? I would suggest calling them again to confirm they have understood your circumstances -

this below is from the GOV website, and I wonder if they may have misunderstood that only your partner is from outside the EEA, not you - you have residency rights as an EEA citizen for the UK!

https://www.gov.uk/marriages-civil-part ... n-national

Your notice period can be extended to 70 days if you or your partner:

are from outside the EEA or Switzerland
have limited or no immigration status in the UK
don’t give the registrar enough evidence to show you’re settled in the UK


Basically, you both need to be in the UK for 7 days, before you can book an appointment to give notice, which should normally be the 28 days, so it seems odd they are saying 71 days.

I'm not sure, but there could be an issue, if your partner comes here on the marriage visa (valid for 6 months) just to give notice and then leaves with the intention of coming back once the 71 days are up - this is not a multiple entry visa - it's issued only to allow the person to enter the UK with the intention of getting married within that six months.

I really would suggest getting clarification from the registration office to be sure they have given you the correct information. If they have a website (which they should) check on there also.

Good luck

frewed
Posts: 4
Joined: Fri Jan 20, 2012 7:58 am

Re: Re enter on marriage visa

Post by frewed » Wed Jan 31, 2018 11:56 pm

Thank you for your reply. The official did not give any reason other than this was according to their guidelines!!! I think they are using the first line and read it like this:

Your notice period can be extended to 70 days if you or your partner:
are from outside the EEA or Switzerland


I will call them again.

Kind regards

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