Dear Raspberry,
First of all, let me congratulate your friends. Second, and before I
begin to answer, let me refer you to the disclaimer on the bottom of
the page: "Answers and comments provided on Google Answers are general
information, and are not intended to substitute for informed
professional medical, psychiatric, psychological, tax, legal,
investment, accounting, or other professional advice". I also urge you
(or your friends), to address a solicitor, in case you feel that you
need a "real" professional advice.
However, let me refer to the main points, regarding the consequences
of getting married in the UK.
Getting Married - Procedures Before the Wedding
===============================================
The link provided by my colleage Scriptor answers part of your
question. The South African bridesgroom, must obtain a "Certificate of
Approval for Marriage". He must obtain it even if he alerady has a
visa to remain in the UK (his working permit; student's visa; etc.).
He must not obtain it if he is a permanent UK resident (that is, has
the right of abode).
"My fiancé/e and I are both foreign nationals who currently have leave
to enter/remain in visa categories other than fiancé/e, or visitor for
the purpose of marriage. Do we require a certificate of approval for
marriage?
Yes. You will both have to make individual applications for
certificate of approval for marriage. All foreign nationals who wish
to marry in the UK who do not have the correct entry clearance to do
so, must obtain a certificate of approval. This is the same, whether
or not you intend to settle in the United Kingdom after the marriage.
For example: two American nationals with leave to remain as students,
who want to get married in the UK, would both need to apply for a
certificates of approval in order to give notice to marry in the UK to
a registrar. This is the case, even though the marriage would not
allow either of them to qualify for settlement in the UK."
(SOURCE: Immigration and Nationality Directorate, "New rules for
getting married in the United Kingdom: Questions & Answers",
<http://www.ind.homeoffice.gov.uk/ind/en/home/news/press_releases/getting_married_in/new_rules_for_getting.html>).
The Latvian bride (to be) does not have to apply for a "Certificate of
Approval for Marriage", because Latvia is part of the EEA, and
therefore she is exempted.
The South African lad should fill in this PDF form:
COA Form
<http://www.ind.homeoffice.gov.uk/ind/en/home/applying/application_form.Maincontent.0074.file.tmp/COA(MARRIAGE).pdf>
And post it to:
Initial Consideration Unit
Certificate of Approval (Marriage)
Immigration and Nationality Directorate
PO Box 3615,
Walsall Road,
Cannock
WS11 0WS
After he receives the Certification of Approval (which shouldn't be
much of a problem if he has a legal status in the UK), they can
register with their local Register Office. At this stage, they can
tell the Register Office if they want to get married in a religious
ceremony, and if then, when and where (better to make arrangements
ahead, especially in busy wedding perdios or popular chapels); or in a
register office (and then, they can choose - they don't have to pick
the one where they live, if they prefer a romantic wedding elsewhere
in the UK).
Here are the website addresses of the Register Offices and soem
additional information:
General Register Office - England and Wales
<http://www.gro.gov.uk/gro/content/marriages/>
Getting Married in Scotland
<http://www.gro-scotland.gov.uk/regscot/getting-married-in-scotland/index.html>
Northern Ireland
<http://www.groni.gov.uk/index.htm>
How to get married (in Northern Ireland)
<http://www.groni.gov.uk/married.asp>
Isle of Mann
<http://www.gov.im/registries/general/civilregistry/marriage.xml>
Marriage in Jersey
<http://www.weddingguide.co.uk/articles/legal/jersey.asp>
See also:
Weddings.co.uk: Planning the Wedding, the Ceremony
<http://www.weddings.co.uk/info/wedplan1.htm>
After the Wedding - More Bureaucracy
====================================
After the newlyweds got married, their ordeal with the authorities is not over.
First of all, the fact that they are married must be registered at the
consulates of South Africa and Latvia, respectively.
The Latvian Consulate:
45 Nottingham Place
London W1U 5LY
Consular Section at the Embassy of Latvia
Tel. : +44 (0) 20 7312 0040
Fax : +44 (0) 20 7312 0042
E-mail: consulate.uk@mfa.gov.lv
<http://www.am.gov.lv/>
The South African High Commission - Home Affairs:
<http://www.southafricahouse.com/hacs/Home_page.htm>
15 Whitehall,
London,SW1A 2DD
Tel:02079258900/01/10
Fax:02079258930/31/32
Important: the fellow still has to apply to the IND to change his
status, since he entered the country with another status.
Please note, that Latvia doesn't accept dual citizenship (with an
exception, which is not relevant to our case here), and therefore,
getting married to a Latvian citizen does not grant a Latvian
citizenship (or an EU one, for that matter); and naturally, the
Latvian girl would have to renounce her citizenship if she becomes a
South African one.
Consequences of the Marriage
============================
OK, so he cannot become an EU citizen. However, being married to an
EEA citizen, gives the bridesgroom several advatages over his current
status. First of all, it means that he can change his status in the
UK, and that he can stay there as the partner of an EEA country
citizen.
The status change in the UK, could affect your friend if he is now
constrained - by the nature of his work permit - to a certain work
place. If his permit did not cover NHS, he will be entitled to that
too, though most working-permit holders are entitled to NHS in any
case. Most social benefits depend not on citizenship (or nature of the
permit), but on the question of how long the person has worked/lived
legally in the UK before he or she have applied for the benefit.
After four years of marriage, the South African could apply for
Indefinite leave to remain (ILR) in the UK. "Once you are granted this
visa and spend no more than 90 days in the last 12 months outside of
the UK, you can apply to be naturalized after five years." (SOURCE:
Dynamic Management Solutions, Visas & Work Permits,
<http://www.dms-london.co.uk/visas_work_permits.asp>).
This might not apply to all EU countries: different countries have
different regulations, both regarding new members of the EU (like
Latvia) and regarding non-EU citizens married to EU citizens. However,
in many countries, this also conseuquently means that the South
African partner could live and work without any restrictions.
Similarly, a person married to a South African could live in South
Africa and work there.
See:
Easy Expat: "What is the rule for a non-EU to marry an EU citizen and
living a EU Country?"
<http://www.easyexpat.com/en/faq/departure/q6.htm>
Further Information/Sites
==========================
WeddingGuideUK.com
<http://www.weddingguide.co.uk/index.asp>
Weddings.co.uk
<http://www.weddings.co.uk/>
Contacts for Further Information - from Weddings.co.uk
<http://www.weddings.co.uk/info/legfurth.htm>
non-EU spouse start working without UK residence permit?
<http://www.easyexpat.com/forums/ftopic_5472.htm>
I hope this answers your question. Please contact me if you need any
further clarifications on this answer before you rate it. My search
terms have been:
[site:uk "married to an eea"],
[site:uk "married to an eu"],
[site:uk rights "married to an eu"],
[uk rights "married to an eu"],
[" EEA Family Permit"],
["married to an eea" uk],
["married to an EU" uk]
And give my best regards to the couple! |
