Problem with Visitor Visa (and possible Spouse Visa)

[hn]

My girlfriend (a Polish resident and Vietnamese citizen, study and worked in Poland until last year where she went back to Vietnam to work for a year, and will return to Poland to live and work there soon) and I (a British citizen, live and work in the UK).

She had been refused for Visitor Visa twice, once in Poland, because we didn’t prepare all of the required paperwork, and once recently in Vietnam (not sure of the reason yet). She will be return to Poland, to live and work there, and of course we would like to spend more time together, and would like to apply for a Visitor Visa again, however I was wondering if this will be a good idea, since we already got refused twice? Does the previous rejection have an effect on a new application?

I am also concern regarding our future applications, since we are planning to get marry (registering in Poland) and for her moving over to the UK, I was wondering if the Visitor Visa refusals will have an effect on our Spouse Visa application?

The other option that I consider if all of the above is a problem is to moving over to Poland and staying with her for sometime (maybe a year). I was wondering if I were to do that will it be more beneficial to our Spouse Visa application (taking in to consideration that I will have to quit my current job and find another job when I get back from Poland)?

Thank you for any advice and help you can give, I’m most grateful

[avjones]

If you do move to Poland and exercise treaty rights there (working, probably) then your GF could come back to the UK once you marry udner Surinder Singh as an EU wife rather than a British one - easier and cheaper than a spouse visa.

[hn]

Hello avjones

Thank you very much for your reply, I was wondering if you could give me a little more detail regarding the Surinder Singh Route.

My girlfriend (future wife) is a Vietnamese citizen living in Poland (have a Polish residency), so would that this be possible for me to exercise EU/EEA Treaty Rights? Also how long will I need to be living in Poland and do I need to be employed to be able to exercise EU/EEA Treaty Rights?

Thank you so much for any advice you can give me.

[avjones]

You need to exercise treaty rights, which can be done in several ways, but the most likely one is working.

[hn]

Firstly, thank avjones so much for all of your advice.

All of this is so new to me, I feel a bit overwhelm and stress over it. I am willing to move over to Poland and work for sometime if it means that my wife to be can come back to the UK with me, however it does mean that I have to give up my current job and re-arrange lots of thing. Therefore I just want to work out what is the best way.

I have been reading on this website regarding the EEA Family Permit (Married).

http://www.spammer.com/uk/family-permit-married.aspx

However I still feel quite unclear, and hope if anyone have a better understand of this or have been through it themselves, could give me a bit more advice.

Do I need to travel (enter) to an EU country with my wife at the same time or can I travel to Poland and marry her there, then start to excise the EEA treaty?

How long do I need to be married and work in an EU country (Poland) for before I'm able to excise my EEA treaty?

Which is a more assured way to bring my girlfriend (wife to be) to the UK from Poland?

Thank you so very much for any advice anybody can give me.

[hn]

I have been reading on various website regarding the EEA Family Permit.

I was hoping that if anyone have been or are going through this right now could give me a little more advice.

It said that I would need to work in an EEA state member for a least 6 months before planning to return to the UK, however is there any minimum time on how long I need to be married for?

Also during my time in an EEA state, can I travel back to the UK for a short duration (2 or 3 days), or is it better that I stay outside of the UK for the whole during of my stay in the EEA country?

Also, do you know if there are anywhere in the UK that I can go to or call for more advice on the process, and would I need to involve a solicitor?

Many thanks in advance for any advice anybody can offer.