Marrying/Settling in the UK - what are my options?

[sadmanonatrain]

If you've already helped me before thank you. Just updating to verify what we can do now. Straight into it then:

My Japanese partner and I (British Citizen) are to be married. We're currently in New Zealand seeing out our working holiday visa for the funds needed ahead. (Expires in September).

We'd most likely want to get married in the UK itself (for family and saving money on plane fares). Sooo - what is the best route for my partner to do this? There's that dedicated marriage visa that's valid for 6 months. Once we're married does she have to leave the country asap or can she reside until it expires? If we went with this route, we're now married after 2 months, and I found a job that meets the financial requirements of the actual spouse visa itself - can we/how would we apply for that? Do I need to be in work for a minimum amount of time?

Can she get married on a student visa? Or any other visas? What are the benefits and disadvantages of them?

If we have to leave either way/I cannot get a good job in time, we would do the Shengen route via Ireland (or whichever country is most suitable as I've heard of that country being more strict). With any EU country, say Ireland or Malta, my then wife has the right to reside with me as a family member in said countries? Can she work? How long can she stay? I know Ireland has special rights for UK citizens - does that matter/help in anyway?

Say things are going swimmimgly we're both in a country, working, renting, integrating for 6 months minimum; how does one apply for the EEA family permit for the UK -Would it be in the country we're currently in or do you have to go the UK? All online?

Thank you for any input on the questions I have and thanks for patience with any naivety. I can help you with computer problems, japanese translations in exchange

[sadmanonatrain]

I can't edit the original post - Can Switzerland be used to exercise treaty rights for SS?

"Switzerland is neither an EU nor EEA member but is part of the single market - this means Swiss nationals have the same rights to live and work in the UK as other EEA nationals." I've read this 3 times now I just don't get it. Soo does it work the otherway round for UK nationals?

[noajthan]

If you are qualified person in EU, wife can reside work and study there as long as you remain married and you (as sponsor) exercise treaty rights (or acquire PR).

Can't see how any Irish rights for BCs (whatever they may be) can help a BC who is there on an EU migration journey as a 'proxy EEA citizen'.
Except that cross-border travel is easy ofcourse, due to the CTA.

On return to UK apply for FP online (unless living in N Korea).

If you don't already have this resource (which answers many questions) then get up to speed here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

Switzerland is, in some ways, a special case, see:
http://www.immigrationboards.com/eea-ro ... 41245.html

[sadmanonatrain]

If you are qualified person in EU, wife can reside work and study there as long as you remain married and you (as sponsor) exercise treaty rights (or acquire PR).

Can't see how any Irish rights for BCs (whatever they may be) can help a BC who is there on an EU migration journey as a 'proxy EEA citizen'.
Except that cross-border travel is easy ofcourse, due to the CTA.

On return to UK apply for FP online (unless living in N Korea).

If you don't already have this resource (which answers many questions) then get up to speed here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

Switzerland is, in some ways, a special case, see:
http://www.immigrationboards.com/eea-ro ... 41245.html

Noajthan - Thank you for that PDF file - it's very helpful and have bookmarked it. It's such a relief finding out my partner will have the same rights as me and wont require any sort of visa to accompany me when exercising my rights to qualify for the SS EEA permit.

[ohara]

It's such a relief finding out my partner will have the same rights as me and wont require any sort of visa to accompany me when exercising my rights to qualify for the SS EEA permit.

Let's hope the UK votes to remain in the EU then!

[sadmanonatrain]

It's such a relief finding out my partner will have the same rights as me and wont require any sort of visa to accompany me when exercising my rights to qualify for the SS EEA permit.

Let's hope the UK votes to remain in the EU then!

Yes.. I'll be voting from New Zealand. Seriously, what are the implications if it does not remain or remains with Cameron's demands? I thought it was all about dealing with sham marriages/abuse of free movement? But it will most likely punish the innocent... All I've read are people saying it'll either have no effect or it will.

I mean, we're getting married in the UK first and then working abroad in EU country. No idea what this means for any changes should the UK leave.

[Wanderer]

It's such a relief finding out my partner will have the same rights as me and wont require any sort of visa to accompany me when exercising my rights to qualify for the SS EEA permit.

Let's hope the UK votes to remain in the EU then!

Yes.. I'll be voting from New Zealand. Seriously, what are the implications if it does not remain or remains with Cameron's demands? I thought it was all about dealing with sham marriages/abuse of free movement? But it will most likely punish the innocent... All I've read are people saying it'll either have no effect or it will.

I mean, we're getting married in the UK first and then working abroad in EU country. No idea what this means for any changes should the UK leave.

I think it's more to do with people being perceived to be circumventing the UK immigration rules, a prime example being bringing elderly parents to UK. Using UK rules it's practically impossible, under EU SS rules it's relatively easy. That's ok in itself, no law is being broken but the SS rules original purpose was to aid those genuinely living and working in an other EU state with no mechanism to aid family movement. Hence the UK's insistence on the controversial Centre Of Life proviso, which does go against the EU mantra.

UK wants immigration figures down, it's a political hot potato, and this is their current target because EU freedom of movement, whilst a laudable idea, has actually meant the majority will want to gravitate towards the states with most opportunities, including the UK. So while I am very much pro-EU, some controls need to to be put in place. For me that's the crux of the whole argument, nice idea, not working in practice.....

IMHO of course.

[noajthan]

Noajthan - Thank you for that PDF file - it's very helpful and have bookmarked it. It's such a relief finding out my partner will have the same rights as me and wont require any sort of visa to accompany me when exercising my rights to qualify for the SS EEA permit.

Yes, as per my understanding, Japanese citizens are blessed with visa-free travel to most/all of Europe;
the initial entry into your memberstate of choice, to commence your SS adventure, should be a walk in the park.

Do make sure you understand the UK's centre of life wrapper that is put around the cleaner, purer EU law & requirements.

Good luck and 'bon voyage'!

[sadmanonatrain]

I think it's more to do with people being perceived to be circumventing the UK immigration rules, a prime example being bringing elderly parents to UK. Using UK rules it's practically impossible, under EU SS rules it's relatively easy. That's ok in itself, no law is being broken but the SS rules original purpose was to aid those genuinely living and working in an other EU state with no mechanism to aid family movement. Hence the UK's insistence on the controversial Centre Of Life proviso, which does go against the EU mantra.

UK wants immigration figures down, it's a political hot potato, and this is their current target because EU freedom of movement, whilst a laudable idea, has actually meant the majority will want to gravitate towards the states with most opportunities, including the UK. So while I am very much pro-EU, some controls need to to be put in place. For me that's the crux of the whole argument, nice idea, not working in practice.....

IMHO of course.

You're welcome to your own opinion. What you say is largely true. I just think it shouldn't be so hard for British Citizens to want to live in their own country. If it wasn't so strict and going against everything the right for a private/family life stands for; I wouldn't even be exercising my EU right in first place. There's definitely more people coming in than going out I presume(?)

What I read a while back on the whole matter in regards to SS:

"Despite claims that the agreement will restrict or close the Surinder Singh route, this does not appear to be the case. In its current form, the negotiation agreement does not amount to any significant change to the rules currently in place governing entry of non-EEA family members exercising derivative treaty rights.

The case O and B v The Netherlands Case C-456/12, handed down by the Grand Chamber of the Court of the European Union on 12 March 2014, outlines the necessary prerequisites in order to establish derivative rights for non-EEA family members:

1. A residence period of at least three months in the host state is required (para 54)

2. Weekend visits and holidays do not count as residence for this purpose (para 59)

3. Any citizen of the Union can potentially benefit from this right, not just workers and the self-employed

4. During the period of residence family life must have been “created or strengthened” (para 51)

5. Abuse is impermissible (para 58)

The negotiation agreement therefore only reiterates what is already established under European Union case law. It is unclear what the purpose of any clarification actually seeks to achieve."

Still hold true?