Author Topic: URGENT Help Needed! Please need advice on visa! THANK YOU!  (Read 320 times)

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Offline americangal2

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URGENT Help Needed! Please need advice on visa! THANK YOU!
« on: April 24, 2017, 03:55:44 PM »
Hello everyone! To make a pretty long, (sad, & frustrating) story as short as possible, I am an American citizen and have been refused entry in the UK twice (once in February and again in March). This is my story in more details that I have posted prior.

 http://talk.uk-yankee.com/index.php?topic=89877.msg1163717#msg1163717


Instead of going on to apply for a clearance visa after our incidents, my boyfriend came out to Lebanon to spend some time with my family and I. I then booked a ticket and went and spent Easter with him and his family in Romania (where he is originally from). On our last trip together, this month, he got down on one knee and proposed and without a doubt, I said 'yes'. We are very much in love, but the distance is a constant heart break.

Now my worries are, we are planning sometime in May to have a little get away and get married on the coast of Cyprus, but my issue is...
Should I apply for a clearance visa prior to our wedding? (obviously with priority option)
Does it matter or not if after we were to be wed before applying for a clearance visa? (would I need one to clear my name or background so I can apply for an EU family member visa to go and be with him in the UK?)

Any help would really be appreciated since we do not want to take any steps to harm our fragile case...and at the moment, I do not know where to start with what to do next...

Thanks to anyone who could give us some positive feedback and where to go from here!!


Offline KFdancer

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Re: URGENT Help Needed! Please need advice on visa! THANK YOU!
« Reply #1 on: April 24, 2017, 04:08:33 PM »
Congratulations!

First you need to decide if you want to marry in the UK or outside of the UK.  It's much easier to marry outside of the UK, but obviously sometimes people have reasons for wanting to marry here.

That'll determine what you apply for and when.  :)

Offline ksand24

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Re: URGENT Help Needed! Please need advice on visa! THANK YOU!
« Reply #2 on: April 24, 2017, 04:19:00 PM »
If you will marry in Cyprus, then you cannot apply for a visa until AFTER the wedding... because you will need to be married in order to qualify for the EEA Family Permit.

If you wish to marry in the UK, you will need to apply for a Marriage Visitor Visa first, before you enter the UK. However, it's much more hassle to get married in the UK, as you will need to be resident for a minimum of 35 days before you can get married (not sure what the requirements are for marrying in Cyprus though).

Offline americangal2

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Re: URGENT Help Needed! Please need advice on visa! THANK YOU!
« Reply #3 on: April 24, 2017, 04:19:40 PM »
Congratulations!

First you need to decide if you want to marry in the UK or outside of the UK.  It's much easier to marry outside of the UK, but obviously sometimes people have reasons for wanting to marry here.

That'll determine what you apply for and when.  :)

Thank you for your warm wishes! Yes, we are planning outside of the UK. (Cyprus to be exact because it is close to Lebanon and a beautiful wedding area)

What are your thoughts about the clearance visa issue though? I do not want to go with planning my wedding and getting married (outside the UK) but then when going to apply for an EEA family member permit (as spouse) any issues coming up, as in 'why didn't I apply for a clearance visa prior' or whatnot...
« Last Edit: April 24, 2017, 04:23:28 PM by americangal2 »

Offline ksand24

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Re: URGENT Help Needed! Please need advice on visa! THANK YOU!
« Reply #4 on: April 24, 2017, 04:26:05 PM »
What are your thoughts about the clearance visa issue though? I do not want to go with planning my wedding and getting married (outside the UK) but then when going to apply for an EU family member visa (as spouse) any issues coming up, as in 'why didn't I apply for a clearance visa prior' or whatnot...

As I mentioned above, if you marry in Cyprus, you CANNOT apply for entry clearance before you are married, because you will not qualify for it. In order for it to be granted you must provide your original marriage certificate as evidence of being a legal family member of an EEA citizen.

If you apply before the wedding, the application will be automatically refused.

Offline americangal2

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Re: URGENT Help Needed! Please need advice on visa! THANK YOU!
« Reply #5 on: April 24, 2017, 04:40:25 PM »
As I mentioned above, if you marry in Cyprus, you CANNOT apply for entry clearance before you are married, because you will not qualify for it. In order for it to be granted you must provide your original marriage certificate as evidence of being a legal family member of an EEA citizen.

If you apply before the wedding, the application will be automatically refused.

Okay, perfect! So, after the wedding and all legal documents are done, (and we are officially married in Cyprus) I then apply for a simple EEA family member permit to be able to travel to the UK to begin my life with my spouse?
Or would I then apply for a clearance visa AND THEN apply for an EEA family member permit...?

Sorry for all the questions, I just want to make sure I have all things done correctly so we don't face problems...

Also, (ksand24 thank you for your constant advice it is/has been very helpful)
Do you personally think we will have issues when it comes to being accepted for an EEA family permit? (with my past problems at boarder control and all...)
« Last Edit: April 24, 2017, 04:46:34 PM by americangal2 »

Offline KFdancer

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Re: URGENT Help Needed! Please need advice on visa! THANK YOU!
« Reply #6 on: April 24, 2017, 04:50:59 PM »
Exactly as ksand said.  Marry first, then apply for the EEA family permit.

Your past issues will have little to no effect on the application.  You'll be fine.

Offline americangal2

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Re: URGENT Help Needed! Please need advice on visa! THANK YOU!
« Reply #7 on: April 24, 2017, 04:55:28 PM »
Exactly as ksand said.  Marry first, then apply for the EEA family permit.

Your past issues will have little to no effect on the application.  You'll be fine.


Thank you so much! I truly hope so!

Offline ksand24

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Re: URGENT Help Needed! Please need advice on visa! THANK YOU!
« Reply #8 on: April 24, 2017, 04:56:14 PM »
Okay, perfect! So, after the wedding and all legal documents are done, (and we are officially married in Cyprus) I then apply for a simple EEA family member permit to be able to travel to the UK to begin my life with my spouse?
Or would I then apply for a clearance visa AND THEN apply for an EEA family member permit...?

I think you're getting confused about what a clearance visa is. Any visa or permit that you apply for from outside the UK is called 'entry clearance'. It's not a separate visa, it's just the generic term for all visa/permit types issued outside the UK.

So, the EEA Family permit IS your entry clearance. There is nothing else you can legally apply for.

Quote
Do you personally think we will have issues when it comes to being accepted for an EEA family permit? (with my past problems at boarder control and all...)

No, I don't. Because as the spouse of an EEA citizen who is exercising EEA Treaty Rights in the UK, you will have the automatic right to live and work in the UK WITHOUT a visa.

The EEA Family Permit is just a formality - it's physical proof of a right you will already have.

All you need to show is:
- you are married to an EEA citizen
- your EEA citizen spouse is a 'qualified person' who is exercising EEA treaty rights in the UK

That's it.

If your spouse ever stops being a qualified person, you will lose your right to live in the UK... so it's up to him to make sure he continues to remain 'qualified' at all times.

Offline americangal2

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Re: URGENT Help Needed! Please need advice on visa! THANK YOU!
« Reply #9 on: April 24, 2017, 05:07:22 PM »
I think you're getting confused about what a clearance visa is. Any visa or permit that you apply for from outside the UK is called 'entry clearance'. It's not a separate visa, it's just the generic term for all visa/permit types issued outside the UK.

So, the EEA Family permit IS your entry clearance. There is nothing else you can legally apply for.

No, I don't. Because as the spouse of an EEA citizen who is exercising EEA Treaty Rights in the UK, you will have the automatic right to live and work in the UK WITHOUT a visa.

The EEA Family Permit is just a formality - it's physical proof of a right you will already have.

All you need to show is:
- you are married to an EEA citizen
- your EEA citizen spouse is a 'qualified person' who is exercising EEA treaty rights in the UK

That's it.

If your spouse ever stops being a qualified person, you will lose your right to live in the UK... so it's up to him to make sure he continues to remain 'qualified' at all times.


Okay, thank you dearly! And yes, I was confused about the clearance entry visa since prior when I did go down to the UK immigration and visa department here in Beirut, Lebanon, they said I don't need one being the fact I hold an American passport and my whole life have not been in the UK for more than 32 days combined...and then I traveled and got sent back again since I didn't apply for an entry clearance visa.
Both ways, past is in the past, and now (thanks to this forum and everyone) I know the right steps to take.   :D

Offline ksand24

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Re: URGENT Help Needed! Please need advice on visa! THANK YOU!
« Reply #10 on: April 24, 2017, 05:13:36 PM »

Okay, thank you dearly! And yes, I was confused about the clearance entry visa since prior when I did go down to the UK immigration and visa department here in Beirut, Lebanon, they said I don't need one being the fact I hold an American passport and my whole life have not been in the UK for more than 32 days combined...and then I traveled and got sent back again since I didn't apply for an entry clearance visa.

In general, US citizens do not need to apply for a visitor visa (entry clearance) in advance of travel. Instead, you 'apply' for the visitor visa (entry clearance) at the border when you get off the plane.

In your case, the immigration officers were not convinced that you met the requirements to enter on a visitor visa, and refused you entry. Because of this refusal, it is advised that you do not try to enter the UK again without applying for entry clearance in advance.

If you were to come to the UK as a visitor again, you would apply for entry clearance in the form of a visitor visa. However, since you are getting married to an EEA citizen, the next time you go to the UK, you will apply for entry clearance as the family member of an EEA citizen instead (the EEA Family Permit).

Once you are in the UK, you then apply for the 5-year EEA Residence Card, and you will use that to leave and re-enter the UK, instead of applying for a new entry clearance each time.

Offline americangal2

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Re: URGENT Help Needed! Please need advice on visa! THANK YOU!
« Reply #11 on: April 24, 2017, 05:21:10 PM »
In general, US citizens do not need to apply for a visitor visa (entry clearance) in advance of travel. Instead, you 'apply' for the visitor visa (entry clearance) at the border when you get off the plane.

In your case, the immigration officers were not convinced that you met the requirements to enter on a visitor visa, and refused you entry. Because of this refusal, it is advised that you do not try to enter the UK again without applying for entry clearance in advance.

If you were to come to the UK as a visitor again, you would apply for entry clearance in the form of a visitor visa. However, since you are getting married to an EEA citizen, the next time you go to the UK, you will apply for entry clearance as the family member of an EEA citizen instead (the EEA Family Permit).

Once you are in the UK, you then apply for the 5-year EEA Residence Card, and you will use that to leave and re-enter the UK, instead of applying for a new entry clearance each time.


Got it!! Thank you so much for everything being advice last or this time! Have a wonderful day  :-* :-*