Im needing some help

[Gretta]

Hello everyone!

I've been a member of this site since Mar of this year and I found this site quite helpful in getting visa and or other immigration concerns.

I am currently here in the UK now on a Fiance/Civil Partnership Visa. My Fiance is an Irish citizen living here in the UK for almost 30 years now. He has his own company and house. He has his Irish Passport too. He is from the Republic of Ireland (Dublin).

We have been in a relationship for more than a year now. I was granted a UK visitor visa last year (June 2011- Dec 2011) and came home to apply for a fiance visa. And luckily granted it last May 2012. We are planning to register our ceremony this July.

My concern is, after our ceremony, what visa will I be applying? Is there a fee? How long is the validity of the next visa? What are restrictions of the nest visa?

Please help me with this matter.

Thanks and Mabuhay to this site!

[Bluebirdjones]

If the fiancee visa was issued by the British Embassy in Manila, then after you've got married (within the time frame stipulated on the fiancee visa), you will need to apply for Further Leave to Remain (FLR).

See the various threads on FLR ..... and yes, you do have to pay for it !

[Arthur Little]

I'm puzzled! It's a bit late now ... but you'd have thought Gretta's fiance would've been eligible to bring her to the UK via the EEA route - by virtue of his Irish Citizenship.

Or am I missing something?

[malchard888]

If the fiancee visa was issued by the British Embassy in Manila, then after you've got married (within the time frame stipulated on the fiancee visa), you will need to apply for Further Leave to Remain (FLR).

See the various threads on FLR ..... and yes, you do have to pay for it !

FLR currently £561 plus £19.50 to the post office for biometrics to be done then going by current standards, months of waiting till the UKBA finally find the time or inclination to deal with what should essentially be a formality.

[Gretta]

I am so confuse now. I thought since my fiance is an Irish citizen I cant be eligible for FLR instead I need to apply for a family permit...

please help me.

[Gretta]

Just read this from the UKBA website.

http://www.ukba.homeoffice.gov.uk/si...lrm1020091.pdf

[Terpe]

I think the immigration route that you have so far followed is rather confusing and making the whole situation potentially complex. Although I hope not.

It seems your fiance applied for an entry visa under current rules as a British Citizen.
Possibly because the EEA Family Permit route does not allow for fiance(e).

It is actually correct that technically when you are married you may be classed as a Family Member and that you may apply for a residence permit.

Under normal circumstances the Family Member does not legally need to make any application for a Residence Card.
For your reference the EEA2 application form for a Residence Card is here

The complication is this:- until you are married you are technically not a family member of an EEA national.

I've not come by your situation before. Normally the couple would be married before applying for entry to UK under EEA rules.
It's a tough call, but my suggestion, unless any member here can give first hand experience, is that you and your fiance would benefit from a consulation with an immigration advisor as to the best path to follow.

I do not suggest you discuss with UKBA until you have received legal advice first as I feel uneasy about possible comments from them.
Their issue will be the initial declaration by your fiance that he is a British Citizen, followed by a wish to switch to the EEA rules as an Irish Citizen. This is my concern.

The worst case scenario is that you will need to continue the route of spouse to UK citizen and pay for the FLR

The best case is that maybe you will be allowed to switch to Family Member and be allowed to stay without any costs.

Hope that helps to clarify.

[Arthur Little]

am I missing something?

I think the immigration route that you have so far followed is rather confusing and making the whole situation potentially complex. Although I hope not.

Possibly because the EEA Family Permit route does not allow for fiance(e).

Ah ... I see. for your explanation ... now things are beginning to make sense - I THINK, anyway!

[Terpe]

Ah ... I see. for your explanation ... now things are beginning to make sense - I THINK, anyway!

Yes Arthur, it's normally the case that the couple would be married or in a civil partnership when following the EEA route.
If the couple are neither married nor in a formal civil partnership, they are not legally excluded from approval of the EEA family permit, but it does become significantly more difficult to prove that they have a durable relationship with each other, especially when not actually living together.

[Arthur Little]

Normally the couple would be married before applying for entry to UK under EEA rules.

... so, effectively - in circumstance like THEIRS - if the couple marry in the Phils, they'll spare themselves all this hassle - and save a considerable amount of money into the bargain??

[Gretta]

In my case, I am here in the UK on a Marriage Visa/Proposed Civil Partnership. That is for 6 months validity. We are going to register our ceremony this July. Can I then apply for an EEA Family Permit right after the ceremony here in the UK or I need the FLR?

Hope someone will enlighten me...thanks

[raynaputi]

I've got a friend, who's a member of this forum too, that came here in the UK with a Fiance(e) Visa..and then after they were married here, she applied for a Residence Card instead of going the FLR(M) route since her hubby is German who's been living here in the UK for more than 30 years already. She called UKBA before she applied for a Residence Card just to make sure, and that's what UKBA told her.

[Gretta]

Thanks Terpe, Sir Arthur.

@ Raynaputi is your friend been granted for her Residence Card?

[gWaPito]

Failing all that...if its causing you stress, sleepless nights anxiety and so on so forth call one of the many immigration specialist being advertised in the free filipino newspapers which you can find in your local Thai shop.

[mike1]

Gretta,I went through a very similar situation as yours five years ago because I knew nothing as far as immigration law goes.
I am an Irish citzen living in UK for the past 35 years ,I applied for a fiancee visa to take my future wife over here and it was granted, we got married within the six months , then she applied for FLR and paid the fee. In the meantime with the help of FILIPINO UK , and reading up on other peoples experience I found out about the EEA route so I called the Home office and started to explain the situation .I got talking to a sensible one in Liverpool- a very nice helpful guy .
To cut a long story short we withdrew the FLR application and applied for the 5 Yr residence card which she got.
Terpe is correct in what he has told you , there is no fiancee visa within the EEA route , but like my wife you have been issued one and as long as you use it for its purpose, ie-to get married within the six months I can not see anything wrong with that
After you get married the situation is different you are the wife of an EEA national and therefore can apply for residency .If you need more get in touch with me as i'll be glad to help you.

[raynaputi]

Thanks Terpe, Sir Arthur.

@ Raynaputi is your friend been granted for her Residence Card?

She hasn't received it yet, I thinks she's been waiting for it for 10 weeks now, just like the other people here who applied for FLR(M) and ILR..probably taking too long because of visa applications for the Olympics..

[kallen]

Hello everyone!

I've been a member of this site since Mar of this year and I found this site quite helpful in getting visa and or other immigration concerns.

I am currently here in the UK now on a Fiance/Civil Partnership Visa. My Fiance is an Irish citizen living here in the UK for almost 30 years now. He has his own company and house. He has his Irish Passport too. He is from the Republic of Ireland (Dublin).

We have been in a relationship for more than a year now. I was granted a UK visitor visa last year (June 2011- Dec 2011) and came home to apply for a fiance visa. And luckily granted it last May 2012. We are planning to register our ceremony this July.

My concern is, after our ceremony, what visa will I be applying? Is there a fee? How long is the validity of the next visa? What are restrictions of the nest visa?

Please help me with this matter.

Thanks and Mabuhay to this site!

Hi, gretta if your soon to be husband is a citizen of Republic of Ireland and exercising a European Treaty Rights here in UK...then you should apply for a Residence Card as the Non - EEA Family Member of an EEA National...try this to visit this http://www.ukba.homeoffice.gov.uk/eu...pplying/...coz i am a filipina too who's married to an EEA National which is from Germany...i'd applied for my Residence Card last April and now i'm waiting for the UKBA to issue it...the processing time of Residence Card is 6 months...hope this help...feel free to ask me anything you need on how to apply...i'm happy to help you...

[raynaputi]

Hi, gretta if your soon to be husband is a citizen of Republic of Ireland and exercising a European Treaty Rights here in UK...then you should apply for a Residence Card as the Non - EEA Family Member of an EEA National...try this to visit this http://www.ukba.homeoffice.gov.uk/eu...pplying/...coz i am a filipina too who's married to an EEA National which is from Germany...i'd applied for my Residence Card last April and now i'm waiting for the UKBA to issue it...the processing time of Residence Card is 6 months...hope this help...feel free to ask me anything you need on how to apply...i'm happy to help you...

She's the one I'm refering to in my previous posts

[Gretta]

Thanks Mike1, Raynaputi and Kallen for the enlightenment...Can I then apply for the Residence Card soon after our ceremony? And how long is the validity of that? What are the needed requirements/docs in applying for the Residence Card?

Or can I just ask for the link from the UKBA website?

Thanks alot...God bless you all..xxx

[mike1]

The main thing your husband to be has to provide is proof that he has been exercising treaty rights for the past 5 years, ie- he is in employment, student ,seeking employment etc, he has to provide evidence and proof of what he has been doing for the past 5 years , then your marriage certficate , passports , maybe birth cert ,go into the ukba website, european link and you will find all the requirements there

[kallen]

Thanks Mike1, Raynaputi and Kallen for the enlightenment...Can I then apply for the Residence Card soon after our ceremony? And how long is the validity of that? What are the needed requirements/docs in applying for the Residence Card?

Or can I just ask for the link from the UKBA website?

Thanks alot...God bless you all..xxx

your welcome gretta...yes you can apply after your ceremony...residence card is valid for 5 years...check this website everything you need to know on how to apply including the requirements are all here... http://www.ukba.homeoffice.gov.uk/si.../eea/eea21.pdf / http://www.ukba.homeoffice.gov.uk/si...-checklist.pdf / http://www.ukba.homeoffice.gov.uk/eu...mily/applying/

[Gretta]

Thanks everyone....

@ Kallen, I have a few more questions if that's alright with you

How much is the fee for applying for the Residence Card?

Does my fiance who is an Irish National (Republic of Ireland) with his Irish passport and who is living here in the UK for 30 years be considered as EEA who is exercising treaty rights?...He has his own new company (self-employed) just started last Jan. 2011...but before that he's been working in BBC.. what are the needed documents to include when applying for my residence card?

Thanks

[Terpe]

How much is the fee for applying for the Residence Card?
...................what are the needed documents to include when applying for my residence card?

Thanks

For your reference the EEA2 application form for a Residence Card is here

You will find all the documentary requirements are indicated on the application form.
There is no fee.

[kallen]

Thanks everyone....

@ Kallen, I have a few more questions if that's alright with you

How much is the fee for applying for the Residence Card?

Does my fiance who is an Irish National (Republic of Ireland) with his Irish passport and who is living here in the UK for 30 years be considered as EEA who is exercising treaty rights?...He has his own new company (self-employed) just started last Jan. 2011...but before that he's been working in BBC.. what are the needed documents to include when applying for my residence card?

Thanks

it's FREE gretta...as long your soon to be husband is exercising treaty rights here in UK and you'll submit necessary documents...your application will be fine...http://www.ukba.homeoffice.gov.uk/si.../eea/eea21.pdf / http://www.ukba.homeoffice.gov.uk/si...-checklist.pdf / http://www.ukba.homeoffice.gov.uk/eu...mily/applying/ ( check this website for more info on how to apply...needed documents list included)

[Gretta]

Thanks Sir Terpe and Kallen....this site is always been so helpful

More power!