EEA Family Permit & Residence Card vs Spouse Settlement

I am a UK citizen and my partner is a US citizen. We currently live in the Czech Republic and are to be married in March prior to moving to the UK in April. Referring to my header and qualifying for both options, I am undecided which route to follow to gain entry for my then husband.

Our main complication is that I am pregnant and can only work up to June in the UK (indeed if someone will employ me). We have some savings and my father has agreed to sponsor my husband if we're going the Settlement Visa route or issue a support letter should we choose the EEA permit option.

Getting ILR at the end of 2 years is not an issue for us as we're happy to wait longer so long as my husband can work and travel as a UK citizen would. It seems far less hassle to apply for the permit rather than go through the expense and major paperwork exercise of the Settlement Visa but I want to make sure I'm not missing something important before I choose either option.

Can someone in the know please advise. thank you

cherylcob wrote: Getting ILR at the end of 2 years is not an issue for us as we're happy to wait longer so long as my husband can work and travel as a UK citizen would. It seems far less hassle to apply for the permit rather than go through the expense and major paperwork exercise of the Settlement Visa but I want to make sure I'm not missing something important before I choose either option.

Would he like to become a British citizen in due course?

Cherylcob, how long have you been exercising your Treaty Rights in the Czech Republic?

Or indeed, because of the transitional arrangements, have you been exercising Treaty Rights at all? What exactly have you been doing there? Working? If so, with Work Permit? Studying? Or what?

Hi JAJ, perhaps, that will depend very much on how much tax he gets stung for by the US in addition to UK tax ! However, having a US passport is more than sufficient for his purposes so UK citizenship is not really something he's aiming for unless he falls in the love with Scotland/the US causes him undue pain !!

Hi John, I left the UK at the end of July, spent a month in France and then moved to the CR at the beginning of September. We have a joint lease dated from the beginning of October which will be 6 months old when we come to apply for the EEA permit. In addition, I have been working for Accenture since the beginning of January on a permanant contract here in the CR (as a UK citizen I don't require a work permit). (I've actually just had a call from the British Embassy here confirming that our situation is fine to make the application - much relief).

My understanding of "exercising treaty rights" is that you have to prove that a) you've been resident here and b) you've been working here. According to the Embassy my contract and our lease is enough. What's also interesting that even though he's on a 90 day visit visa our application is still fine because it's my situation that matters. Clearly until this goes through I'm still going to be nervous about it hence why posting here for clarification/advice. Let me know if you think I've missed something.

cherylcob wrote:Hi JAJ, perhaps, that will depend very much on how much tax he gets stung for by the US in addition to UK tax ! However, having a US passport is more than sufficient for his purposes so UK citizenship is not really something he's aiming for unless he falls in the love with Scotland/the US causes him undue pain !!

As a US citizen he has to file for US federal tax anyway. Foreign income exclusions and foreign tax credits may mean he doesn't have to pay anything though.

As for British citizenship - it makes a lot of sense fom him to get it once eligible. Not only has he then security in the UK but moving elsewhere in Europe is then much easier. Dual US/British citizenship is ok.

cherylcob wrote:It seems far less hassle to apply for the permit rather than go through the expense and major paperwork exercise of the Settlement Visa but I want to make sure I'm not missing something important before I choose either option.

As a foreigner who has lived in the UK and had to deal with the immigration authorities (including queueing outside Lunar house in Croydon for four hours in the winter) I would say the ease (and free cost) of the EU Family process is a huge factor. Especially if you are certain that he is not particularly hungry for UK citizenship.

Also even if you leave and live elsewhere in the EU, you and he presumably could still easily return to the UK again under that same EU settlement process.

oviedo wrote:Especially if you are certain that he is not particularly hungry for UK citizenship.

Also even if you leave and live elsewhere in the EU, you and he presumably could still easily return to the UK again under that same EU settlement process.

I would have thought that if there were any plans to live elsewhere in the EU, getting British citizenship should be high priority.

And one should never assume that a particular settlement process will still be there x number of years down the line.