| View previous topic :: View next topic |
| Author |
Message |
chursy
Member of Standing
Joined: 08 Aug 2010
Posts: 112
|
 Posted: Thu Aug 16, 2012 7:53 pm Post subject: Spouse visa vs family permit |
 |
|
Hi guys
I am a British national married to a non eu spouse. We are currently based in Malta and looking to move to uk. I will be looking for work once I have moved back and will not be dependent on public funds at all as have family back home to support me .
Now we have been married for three years.
I have a few questions
A) I have an option apply for the family permit or spouse visa. Which will take the shortest time to British passport for my wife
B) I know family permit will be easier then getting a spouse visa? What chances do I stand in getting a spouse provided I have support to show from family etc? .
I would prefer the spouse visa as I think I will take shorter to get te passport but I don't want to be in a position where it's declined and I lose the fees wrc associated with it. |
|
| Back to top |
|
 |
|
|
Kitty
Sage
Joined: 17 Jan 2007
Posts: 698
Location: Southampton, UK
|
| Posted: Thu Aug 16, 2012 8:02 pm Post subject: |
|
|
Check the UKBA website as the spouse visa rules changed significantly on 9 July this year.
It's now a 5-year route to settlement under the Immigration Rules, and there are income requirements in place (ordinarily the UK partner needs to earn #18,600 per year) and no permission for third party support.
If you have been exercising treaty rights in Malta then the FP is an attractive option (depending on your finances it could be the only option). |
|
| Back to top |
|
|
thk
Junior Member
Joined: 17 Aug 2012
Posts: 36
Location: UK
|
| Posted: Fri Aug 17, 2012 8:11 pm Post subject: |
|
|
| We got our EEA family permit within 2 weeks from France - I am a British citizen but was resident in France so qualified under EU regs. Very easy route to go down if you have all the paperwork, and it's free - although perhaps we were lucky enough to get in (unknowingly) just before the rules changed, I don't see it being that much different as long as you can prove you have enough money to support yourselves in the UK. |
|
| Back to top |
|
|
asim72
BANNED
Joined: 28 May 2012
Posts: 636
|
| Posted: Wed Aug 22, 2012 12:31 pm Post subject: Re: Spouse visa vs family permit |
|
|
| chursy wrote: | Hi guys
I am a British national married to a non eu spouse. We are currently based in Malta and looking to move to uk. I will be looking for work once I have moved back and will not be dependent on public funds at all as have family back home to support me .
Now we have been married for three years.
I have a few questions
A) I have an option apply for the family permit or spouse visa. Which will take the shortest time to British passport for my wife
B) I know family permit will be easier then getting a spouse visa? What chances do I stand in getting a spouse provided I have support to show from family etc? .
I would prefer the spouse visa as I think I will take shorter to get te passport but I don't want to be in a position where it's declined and I lose the fees wrc associated with it. |
Go for eea family permit. Do not waste time or money on UK mmigration route. You need income of £18600 per year income for UK immigration route. Family support does nothing to change it. UK immigration route application will set you back 1000's of pounds until your wife gets ILR.
EEA route visa is quicker and extremely easy. There is not a single penny to pay for any applications.
To obtain British citizenship, the time frame is same for both eea route and UK immigration route. |
|
| Back to top |
|
|
chursy
Member of Standing
Joined: 08 Aug 2010
Posts: 112
|
| Posted: Sun Sep 23, 2012 12:25 pm Post subject: Re: Spouse visa vs family permit |
|
|
| asim72 wrote: | | chursy wrote: | Hi guys
I am a British national married to a non eu spouse. We are currently based in Malta and looking to move to uk. I will be looking for work once I have moved back and will not be dependent on public funds at all as have family back home to support me .
Now we have been married for three years.
I have a few questions
A) I have an option apply for the family permit or spouse visa. Which will take the shortest time to British passport for my wife
B) I know family permit will be easier then getting a spouse visa? What chances do I stand in getting a spouse provided I have support to show from family etc? .
I would prefer the spouse visa as I think I will take shorter to get te passport but I don't want to be in a position where it's declined and I lose the fees wrc associated with it. |
Go for eea family permit. Do not waste time or money on UK mmigration route. You need income of £18600 per year income for UK immigration route. Family support does nothing to change it. UK immigration route application will set you back 1000's of pounds until your wife gets ILR.
EEA route visa is quicker and extremely easy. There is not a single penny to pay for any applications.
To obtain British citizenship, the time frame is same for both eea route and UK immigration route. |
Thank you so much for the response! Family permit it !
Quick question - re - REason for visiting the UK, since my employment contract with my present employer is finishing around November , we intend to travel around that time. Should i state the reason to be a Visit or should state that we are moving back for settlement etc?
CAn this possibly raise a few eyebrow? |
|
| Back to top |
|
|
EUsmileWEallsmile
Moderator
Joined: 07 Oct 2011
Posts: 4584
|
| Posted: Sun Sep 23, 2012 4:45 pm Post subject: |
|
|
You will be applying under regulation 9 of the immigration regs
| Quote: | 9.—(1) If the conditions in paragraph (2) are satisfied, these Regulations apply to a person who is the family member of a United Kingdom national as if the United Kingdom national were an
EEA national.
(2) The conditions are that—
(a) the United Kingdom national is residing in an EEA State as a worker or self-employed person or was so residing before returning to the United Kingdom; and
(b) if the family member of the United Kingdom national is his spouse or civil partner, the parties are living together in the EEA State or had entered into the marriage or civil partnership and were living together in that State before the United Kingdom national returned to the United Kingdom.
(3) Where these Regulations apply to the family member of a United Kingdom national the United Kingdom national shall be treated as holding a valid passport issued by an EEA State for the purpose of the application of regulation 13 to that family member. |
If you satisfy the conditions, then the reason for return to the UK is not relevant. Best to be honest in all cases. |
|
| Back to top |
|
|
|
FAQ
Search
Memberlist
Register
Private Messages
Profile
Log in
