# Fiance visa or Marriage visa then EEA family permit? What is the best?



## Lizzie_gayka (Mar 2, 2013)

Dear all!
I'm new in this forum and seek for your advice. I'm non-eea national and bf is eea national who currently lives in UK. We have decided to marry to get together as we had distance relationship for long time. Since this decision, I would like to clarify some points and seek for your advice. 
Some background info: My bf is in UK since Sept 2012, he is doing his master degree there and works in permanent base for the last 3 months. 
Which way is the best to come for me? 
We consider 2 options:
1) Marriage visa i.e. I will come by marriage visa, we will register there and I return back to my country to apply for EEA family permit. 
2) To come by Fiancee visa, then spouse visa. But seems we will not meet financial requirements for it. As I understood to get fiance visa and spouse visa hereafter, min salary of sponsor should be 18600p. Am I right? 

From sources that I've reviewed, I got that for EEA family permit and for residence card after there is no strict financial requirement. Please correct me if I'm wrong. It says that my bf should be exercising European Treaty rights in UK and studying is in it. and nothing about financial requirement. 
So, how do you think, with this background which way is better for us? Is there any possibility for us to get together? 
We would be happy for any advice and your opinion!

Thanks to all


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## Joppa (Sep 7, 2009)

Easiest is just to marry outside UK, such as in your home country, and then apply for your EEA family permit in Kazakhstan. This will give you 6 months, and then you can apply for residence card in UK valid 5 years. There is no financial requirement, and as he is working, you don't require comprehensive sickness insurance. And there are no applications fees, though UKBA is proposing a £55 fee for residence card to be introduced sometime later this year.

If you wish to marry in UK, the safest is to apply for a marriage visitor visa in Kazakhstan in advance. While you may just get away with marrying on a normal visitor visa, marriage visitor visa can avoid possible hassle at UK border or at the register office.


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## Lizzie_gayka (Mar 2, 2013)

Joppa said:


> Easiest is just to marry outside UK, such as in your home country, and then apply for your EEA family permit in Kazakhstan. This will give you 6 months, and then you can apply for residence card in UK valid 5 years. There is no financial requirement, and as he is working, you don't require comprehensive sickness insurance. And there are no applications fees, though UKBA is proposing a £55 fee for residence card to be introduced sometime later this year.
> 
> If you wish to marry in UK, the safest is to apply for a marriage visitor visa in Kazakhstan in advance. While you may just get away with marrying on a normal visitor visa, marriage visitor visa can avoid possible hassle at UK border or at the register office.



Joppa, thank you very much! One more question, can We give a notice of marriage while I'm in UK with tourist visa?


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## Joppa (Sep 7, 2009)

Lizzie_gayka said:


> Joppa, thank you very much! One more question, can We give a notice of marriage while I'm in UK with tourist visa?


Possibly you can, but under immigration rules you shouldn't, and until you marry, you are subject to domestic immigration law.


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## KYTAIN (Mar 1, 2013)

Please forgive my intrusion. J can you or any other participants please tell me how I can post a question. I am a new member and also need help.


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## nyclon (Apr 3, 2011)

KYTAIN said:


> Please forgive my intrusion. J can you or any other participants please tell me how I can post a question. I am a new member and also need help.


Click "post a new thread". It's on the left hand side.


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## KYTAIN (Mar 1, 2013)

Lizzie please forgive me. Nyclone I don't have a post new thread option. I only have a reply option. I tried to send you a private message to back out of Lizzies help string but the system did not allow this. Any suggestions?


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## Joppa (Sep 7, 2009)

Have you logged in?


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## KYTAIN (Mar 1, 2013)

LPFM

Yes J I am logged in now

K


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## nyclon (Apr 3, 2011)

Are you on the UK Forum home page?


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## KYTAIN (Mar 1, 2013)

Lpfm

absolutely

thank you n

k


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## Lizzie_gayka (Mar 2, 2013)

Thank you Joppa for quick replies. So, according to the Immigration rules I should first apply for Visit for marriage visa, then give a notice and arrange marriage date. But there are requirements to get visit for marriage that say I should have:
'Evidence to show that arrangements have been made for the marriage or civil partnership to take place during your visit or if not, that you have given the appropriate notification
This could include:  evidence that you have given notification of marriage to the registry office in the UK where your partner lives  details of the marriage or civil partnership and evidence of money paid towards costs related to it' -from UKBA website. 
As I know both of parts should be presented to give a notice.In such situation how can I prove that I intend to give notice and marry afterwards? Or Is it possible to give notice without my presence? So confused


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## Joppa (Sep 7, 2009)

Lizzie_gayka said:


> Thank you Joppa for quick replies. So, according to the Immigration rules I should first apply for Visit for marriage visa, then give a notice and arrange marriage date. But there are requirements to get visit for marriage that say I should have:
> 'Evidence to show that arrangements have been made for the marriage or civil partnership to take place during your visit or if not, that you have given the appropriate notification
> This could include:  evidence that you have given notification of marriage to the registry office in the UK where your partner lives  details of the marriage or civil partnership and evidence of money paid towards costs related to it' -from UKBA website.
> As I know both of parts should be presented to give a notice.In such situation how can I prove that I intend to give notice and marry afterwards? Or Is it possible to give notice without my presence? So confused


Don't overthink this requirement. All you need is some evidence to show a wedding is going to take place. It could be an appointment with the registrar (you can't give notice while still abroad), or a provisional booking for the ceremony or reception, with receipt for a deposit (where applicable).


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## Lizzie_gayka (Mar 2, 2013)

Hi to all!
After my UK visit, I'm back here with questions  
Immigration adviser said that I can come by tourist visa and marry in UK, then apply for Registration card under EU law as my fiance is EEA national. She said I cannot do it under UK law, but under EU is possible and legal. Any comment on it, please?


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## Joppa (Sep 7, 2009)

This is a grey area. While under UK immigration law, you should not enter as a general visitor with the intention of marrying, UK marriage laws allows it. Some can argue that EU law can trump immigration law in this respect, though others maintain it's best to comply with UK law to ensure smooth passage through UK border. My recommendation is to play safe and get a marriage visitor visa, and then after the ceremony, apply for residence card on form EEA2.


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## Lizzie_gayka (Mar 2, 2013)

Thank you Joppa for your opinion. Won't it be suspicious for them that my partner is person who lives in UK andI apply for visit for marriage visa with intention to leave after ceremony? and in UKBA site says:
If you want to come to the UK to get married or register a civil partnership, and you and your partner intend to leave the country within 6 months, you can apply for a visa as a visitor for marriage or civil partnership.


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