Anybody,pls,help me!!! To apply for the UK's Spouse Visa....

Hello,
I’m here for the first time.
I’m Ukrainian citizen. My husband is EU member; he’s living and working in the UK for last 7 years. We were married in Ukraine last December. This summer I’m planning to apply for the UK’s Spouse Visa (we are planning to live in the UK). One more fact – I’m pregnant. So, my question is – WHICH DIFFICULTIES COULD WE HAVE IN THE BRITISH EMBASSY IN KIEV? Be cause my husband and me, we are not the UK’s citizens, but would like to stay in the UK for few years (my husband has got a good contract in the UK and would like to continue his work).
May be some bodies had already the similar situation. Which extra documents or the proofs must we provide for a Visa Officer except the list of the documents at The British Embassy site? Which the special questions could be for my interview?
Thanks a lot for everybody who could share in own experience.
I’m looking forward for any answer and advice!

Kateryna, do you know if your husband has UK Permanent Residence in his passport? And incidentally, which country is he from?

John wrote:Kateryna, do you know if your husband has UK Permanent Residence in his passport? And incidentally, which country is he from?

Hi,John!
My husband's from Poland.He has not UK Permanent Residence in his passport. But it's not necessarily,i think.He's the EU member.Or i'm not right?

Kateryna wrote:

John wrote:Kateryna, do you know if your husband has UK Permanent Residence in his passport? And incidentally, which country is he from?

Hi,John!
My husband's from Poland.He has not UK Permanent Residence in his passport. But it's not necessarily,i think.He's the EU member.Or i'm not right?

I dunno if Poles have full rights of movement, but I think Poland only became part of EU in 2004, so in what capacity was he in UK for the previous five years?

Steve

Wanderer wrote:

Kateryna wrote:

John wrote:Kateryna, do you know if your husband has UK Permanent Residence in his passport? And incidentally, which country is he from?

Hi,John!
My husband's from Poland.He has not UK Permanent Residence in his passport. But it's not necessarily,i think.He's the EU member.Or i'm not right?

I dunno if Poles have full rights of movement, but I think Poland only became part of EU in 2004, so in what capacity was he in UK for the previous five years?

Steve

Hi,Steve!
He was as a Work Permit holder for this 5 years.And he's still working for the same employer. But what about my questions?

Kateryna, it really was relevant to establish your husband's UK immigration status prior to Poland joining the EU on 01.05.04. Now that you have supplied that information I think it is possible to comment thus :-

Your husband is entitled to get a UK Permanent Residence sticker in his passport and should proceed to do that. If he does not already have a Residence Permit sticker in his passport he should use Form EEA1 to apply for that. In any case he should use Form EEA3 to get a Permanent Residence sticker.

He is entitled to get that based upon what you post by virtue of para 255B which specifically applies to people in your husband's circumstances. That paragraph is contained within this document.

So once he has that Permanent Residence sticker he is classed as "settled" in the UK. He is then entitled to get you to use form VAF2 to apply for a two-year spouse visa. Alternatively you could use form VAF1 and apply for an EEA Family Permit.

There are differences. Using the form VAF2 will cost £260 but will lead to you being able to apply for British Citizenship after three years in the UK, assuming your husband has become British in the meantime. Conversely the application on VAF1 will cost you nothing but in view of today's announcement it would be six years before you could apply for British Citizenship. You may consider that it is better to apply for the Spouse visa given you will acquire better rights sooner, but that is your choice.

Finally, if you are going the VAF1 route and applying for an EEA Family Permit, a mere Residence Permit in your husband's passport will suffice, rather than a Permanent Residence one needed to apply for a spouse visa using form VAF2. Given the need to show that he is not subject to the A8 transitional arrangements applying to most A8 citizens coming to the UK, I would expect your husband already to have a Residence Permit in his passport. Is that correct?

Dear John!
Thanks a lot for your explaination and advices!!! You are the Best!!! Thank you very much!!! I like you!!!! But i don't tell Good Bye,just - See you!!!! Thanks,John!

Hi, John!
Unfortunately, my husband has not a Residence Permit sticker in his passport (and a Permanent Residence too). So, if I understand right, despite the fact that he is legally working in the UK for the last 7 years, he still has not the Settled Status. Is it correct? So, firstly he must apply for a Residence Permit sticker in his passport, using a form EEA1. And just after he has got this Residence Permit I could apply for an EEA Family Permit. Am I right? If so, John, could you tell me how long he has to wait for his Residence Permit sticker? Approximately, sure.
I look forward for your answer. Thanks.

Kateryna wrote:Hi, John!
Unfortunately, my husband has not a Residence Permit sticker in his passport (and a Permanent Residence too). So, if I understand right, despite the fact that he is legally working in the UK for the last 7 years, he still has not the Settled Status. Is it correct? So, firstly he must apply for a Residence Permit sticker in his passport, using a form EEA1. And just after he has got this Residence Permit I could apply for an EEA Family Permit. Am I right? If so, John, could you tell me how long he has to wait for his Residence Permit sticker? Approximately, sure.
I look forward for your answer. Thanks.

Can you advise if he was working under a UK Work Permit for these five years? I think he must have, I can't think of any other way for an Eastern European to work here legally unless a student.

Steve

I think he should use forms EEA1 and EEA3 at the same time. If he does that he should end up with a Permanent Residence sticker in his Polish passport.

If he does get that Permanent Residence sticker then a year after getting that sticker he will be eligible to apply for Naturalisation as British. But he should check out the implications of that on his Polish Citizenship. Does Poland allow dual nationality?

could you tell me how long he has to wait for his Residence Permit sticker?

It is understood that applications on EEA forms are taking about 2 or 3 months at present. There is no charge. Postal applications only.

John wrote:I think he should use forms EEA1 and EEA3 at the same time. If he does that he should end up with a Permanent Residence sticker in his Polish passport.

If he does get that Permanent Residence sticker then a year after getting that sticker he will be eligible to apply for Naturalisation as British. But he should check out the implications of that on his Polish Citizenship. Does Poland allow dual nationality?

could you tell me how long he has to wait for his Residence Permit sticker?

It is understood that applications on EEA forms are taking about 2 or 3 months at present. There is no charge. Postal applications only.

Not,Poland doesn't allow dual nationality.Thanks,John!

Then that means a considered decision to take? After all with a British passport he would have the right to live and work in Poland, well certainly after the transitional period has ended. And visiting would be visa-free.

The point is that your husband becoming British would help you become British at an earlier date, and therefore ease your visa situation travelling around the rest of Europe.

But I well understand if he feels "wedding to" his Polish Citizenship.

John,in one of your answer me you wrote about A8 CITIZENS. What is A8 CITIZEN? And what is TRANSITIONAL PERIOD? I'm really nothing know about this terms. Pls,explain me.
Thanks a lot.

OK, A8? On 01.05.04 10 countries joined the EU, including Poland. Two of them are in the Commonwealth ... Malta and Cyrpus ... and the UK gave the citizens of those two countries full and unlimited EU rights as from 01.05.04.

Which leaves the other 8 joining countries, in the UK abbreviated to A8 ... I suppose Accession 8.

Under the treaty whereby those countries joined the EU there are transitional provisions. Those work both ways. They stop the Citizens of those A8 countries having full EU rights as from 01.05.04. Instead for a transitional period more and more rights will be given, until in 2011 at the very latest full EU rights will be achieved.

Those transitional provisions work both ways. They stop those countries being flooded with other workers from the EU. So whilst I, as a British Citizen, currently have the ability to live and work in say Germany, without needing a Work Permit, I do not currently have such a right to live and work in say Poland ... but I will have by 2011 at the latest. Currently I would still need a Work Permit to work in Poland.

Does that help?

Yes,that is help! Thank you,John!

Hello, John!
I have got one more question for you. The employer of my husband said him then he has to complete and post the WRS form. He already did it. So, my question is: Must he wait for an answer from Home Office Worker Registration Team or he can complete and post EEA1 and EEA3 without waiting for an answer about his WRS form? So, could he apply for both this registrations in the same time?
Many thanks.

Kateryna wrote: Not,Poland doesn't allow dual nationality.Thanks,John!

Are you sure about that?

This page suggests that Polish citizens do not involuntarily lose citizenship upon acquisition of another one.
http://www.polishembassy.ca/news_details.asp?nid=58
also http://www.polishconsulateny.org/index.php?p=43

Your Polish spouse should investigate this further, it wouldn't be a good idea to avoid taking out British citizenship (if that's what he'd like to do) simply because of a misunderstanding of Polish law.

JAJ wrote:

Kateryna wrote: Not,Poland doesn't allow dual nationality.Thanks,John!

Are you sure about that?

This page suggests that Polish citizens do not involuntarily lose citizenship upon acquisition of another one.
http://www.polishembassy.ca/news_details.asp?nid=58
also http://www.polishconsulateny.org/index.php?p=43

Your Polish spouse should investigate this further, it wouldn't be a good idea to avoid taking out British citizenship (if that's what he'd like to do) simply because of a misunderstanding of Polish law.

Thanks a lot! This is a news!We check! But what about my last question!!!

Kateryna wrote: I have got one more question for you. The employer of my husband said him then he has to complete and post the WRS form. He already did it. So, my question is: Must he wait for an answer from Home Office Worker Registration Team or he can complete and post EEA1 and EEA3 without waiting for an answer about his WRS form? So, could he apply for both this registrations in the same time?

In the absence of any Residence Permit or Permanent Residence Permit in his passport I can well understand why the employer wants your husband to register under the WRS. However, based upon the facts you have outlined, he should complete and post EEA1 and EEA3 as soon as possible, and the resulting Permanent Residence sticker in his passport will confirm to any employer that he does not need to register under the WRS.

I would say he should proceed to send off the EEA1 and EEA3 without waiting for an answer on the WRS matter.

One year after getting the Permanent Residence sticker he is entitled to apply for naturalisation as British, and in view of want has been pointed out by JAJ, there certainly does not appear to be a problem a Polish person holding dual nationality. Also :-

Q: I have sent my passport to the Polish Consulate and/or declared before a consul my wish to renounce Polish citizenship. Am I no longer a Polish citizen?
A: NO. A Polish citizen can only lose his/her citizenship if she/he submits to the President of Poland specific declaration and receives President’s declaration of renunciation.

In other words, a Polish Citizen has to go out of their way to make that "specific declaration" and then get the declaration from the President. But anyone wishing to retain their Polish Citizenship would of course not make that declaration.

Thank you very much,John!

I'm in a similar but different situation.

I'm from South Africa and my wife from slovakia.

We were living together in South Africa for the last 2 years until 2nd March when she moved to the UK.

I'm just waiting for her letter of employment now for me to apply for the EEA family permit.


John if you could please just clarify a few things for me:

1. Does she need to be registered with the WRS before I can apply?
2. Does she need to have a Residence permit before I can apply?
3. Can I fly one-way to the UK or will they require a return ticket?
4. What happens after the first two years for me?

I was on a working holiday visa a few years ago and the changes in conditions are a bit cofusing sometimes


Thank you in advance

I have taken the liberty of editing your post ..... merely inserting question numbers! My answers are thus :-

1. My understand is no, but proof that she has a job in the UK can only help your application for an EEA Family Permit
2. Certainly not, and she will not actually be entitled to apply for a Residence Permit until she has been on the WRS for 12-months.
3. One-way ticket is OK if you have EEA Family Permit in your passport.
4. Well, in fact, what happens after the first six months for you? (EEA Family Permit granted for only six months these days). You will apply for an extension in the UK.

Presumably you have already downloaded a form VAF1 needed to make your application? If not certainly do that and start completing it.

Thanks a lot John.
I wish the people at the High Commission were as helpful as that.

After all I dont want to cheat anyone... I just dont want to waste my and their time and money....

They do love to answer a questions in a single sentence and by sending the same guide document over and over.

Thanks again

Eben

Sorry there was one thing that I neglected to ask.

Is there any need to prove accommodation for us with the application or is this just for the normal spouse visa?

What would we need to prove?

As things stand at the moment we will be living in a house with some friends of ours until we find a place for us and a job for me..

Hello,John!
I need your advice, please!
I am reading the official site of the British Consulate in Kiev (Ukraine) and see the following information: “ to apply for an EEA Family Permit visa you have to provide than you will able to live without help from public funds, and you and your dependants can be supported without working or claiming any help from public funds ”. So, I am pregnant and could not be able to working for 6 months minimum. So, if I understood this condition right, to get my EEA Family Permit visa successfully, my husband (with Permanent Residence sticker in his passport) must proof than he is able to support his family (our baby and me) for 6 months (the period of my EEA Family Permit visa). Is it correct?
Ok, my question is: Which some of money (e.g. his salary, savings at the bank account) has my husband show to the British Consulate to provide than we can live without help from public funds? I mean just about, sure! Is there any minimum?
I am looking forward for your answer!
Thanks a lot!