Adymackenzie

Hello Forum World!

My partner and I could really use expert advice on our situation. Our story is long, but if you are interested in helping, please take a gander.

Back in June of 2013 I was given a great opportunity to leave my home country and volunteer in London for three months. It was my first time out of the country and I couldn't conceal my excitement. I made great connections at the organization and had the time of my life learning about a different culture while experiencing it at the same time. It was beautiful madness! In the mix of it all, I had also met a wonderful man. A brilliant fella with the voice of an angel and the giggle of a ten year old boy (he resents it, but I love it). We met on my second day in London, the 25th, when I was lost in Leicester square trying to point myself in the direction of home. I stopped him and asked if he could guide me to the proper stop and he agreed. Five minutes later, I stood outside a cafe where he asked me to have a drink, instead. I was hesitant, of course. If a man did the same thing back home in NYC I would have walked away, but there I was in a new land looking for an adventure. I agreed to stay and boy did I STAY. Five hours later we were still chatting away about music, art, comedy and film. We were talking like old friends but still pulling back layers like new lovers. Neither one of us wanted the night to end, but it did. He finally took me to my bus stop and we exchanged information. Now, the only time that man has left my side is when we are of course in our respective countries.

I stayed in London for three months that summer and we spent every day together. We fell harder and harder in love. When the program ended I had two weeks of independent travel and he took off of work and we flew to his home country of Ireland. There, I met his grandparents, parents, sister, friends and even neighbors in passing. We were so excited about our love! We wanted everyone to know and celebrate with us! Sadly, it had to come to the day when I had to return back to America. In the beginning we always spoke about keeping it "casual" and going with the flow of feelings. So, we decided to conduct a long distance relationship (LDR).

I admit, it was so hard in the beginning. Neither one of us had been in this sort of relationship before but we were both pretty adamant about keeping it up and love sick to say the least. We skyped every night, FaceTimed throughout the day, texted, used Facebook and other forms of communication devices to keep in touch. When the holiday season approached, he invited me to stay with him and his family in Ireland. I was ecstatic. I had him again for two whole weeks that not only included Christmas, but my birthday as well!! We traveled between London, Wales, Galway and Dublin on our trip and he even surprised me with tickets to see my favorite animals (penguins) on my big day. After the holiday season I returned home and we were apart for four whole months. It was the hardest four months for our relationship. When we first met during the summer neither one of us expected to fall so deeply. It wasn't until we came together again in Ireland that we knew this was something we wanted to keep going and fight for.
In April of this year, after the longest four months of our lives, my love arrived at JFK airport. For what seemed like an eternity we stood with each other and hugged and cried (he was screened pretty toughly at immigration). During his stay he met my family, friends, coworkers....my coworkers friends (Lol!) I wanted to show him off! We spent our trip attending open mics, performing, making love, making delicious foods, seeing the sites and talking about our possible futures. But once again, at the end of two weeks, he had to leave. And four more months would lay in between :-/

Ok, so since April I had returned to London in August for two weeks and again in October for a week. It was in October that he finally decided that he did not want to be without me--just as I did not want to be without him. We found each other in the most unconventional way and that is not something that you leave for other men to determine the fate of. He proposed and since he is Irish we have been looking at the Eea Family Permit route for me to join him in London. So, here are our questions.

1. We were thinking about marrying in my home city, New York and then returning to London together. Would the UK border find a problem with this since we would have only been married for a couple weeks? Would they try to classify this as a marriage of convenience because of the timing of our meeting/knowing each other/marriage (although I don't think anyone's love should be justified by a time frame)?

2. In reference to the question above --is it true that we can just arrive at the uk border as husband and wife and then present the materials for proof of marriage etc., instead of completing an application online and waiting for a response in America?

3. We were also looking to get married in London. Would I need a spousal visa and would I have to pay for it, even though my fiancé is a part of the EU and not a British Citizen? Would I have to leave London and re-enter with the Eea Permit, anyways?

4. What is the likelihood of receiving a rejection with a case like ours? How can we prove that we simply do not want to be without each other any longer and that this love and union is one that WILL last?

BritInParis

Hello.

Possibly. See answer to Q2.

Yes, strictly speaking, this is an option. However since you would have only been married a short time it would advisable to obtain an EEA Family Permit before travelling as this is what the Home Office expects you to do. They are free of charge, usually processed within a week or so and there is no limit the number of applications you can make, so if you are rejected first time due to worries of a marriage of convenience, you can reapply with more evidence. This would be infinitely preferable to paying for flights to London and being refused entry. It would also aid you in your application for your EEA residence card after you arrive in the UK.

You could apply for a fiancée visa but this is would expensive and unnecessary. The safest option would be to initially apply for a marriage visitor visa to allow you to marry in the UK and then returning to New York* to apply for your EEA Family Permit as the spouse of an EEA citizen.

(*Strictly speaking you don't have to return to the US, you could apply from any other country. This differs from most other UK visas where you have to apply from a country in which you legally reside.)

See answer to Q2. Generally speaking if you are legally married then the onus is on the Home Office to demonstrate yours is a marriage of convenience rather than the other way round.

Adymackenzie

thank you, you were very helpful!