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from US to UK on Spouse visa - EU work permits?

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iliana
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from US to UK on Spouse visa - EU work permits?

Post by iliana » Mon Aug 28, 2006 9:54 pm

I am a US citizen currently residing in the US, engaged to my fiancee who is a UK (english) citizen.
once we are married, will we be able to move together to another country in the EU ie. spain or germany? would he need a special visa as a UK citizen? what about myself?
Im a bit confused about the relations between UK & EU law and we are not sure we want to remain in the UK.
it seems so complicated - where do I even begin?

thankyou in advance
-i

iliana
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Joined: Mon Aug 28, 2006 9:43 pm

also:

Post by iliana » Mon Aug 28, 2006 10:09 pm

would it be better for us to both move independently to the country of our final destination? again I dont know what the reflexivity is between UK & EU laws & visas.
someone had told me that he can move anywhere in the EU & if I just applied directly for a work visa there it would be easier than going through the legal processes for the marriage.

John
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Location: Birmingham, England
United Kingdom

Post by John » Mon Aug 28, 2006 10:29 pm

There are so many permutations here. Can you be a bit more specific? Simply, where do the two of you plan to live together?

By the way, where do the two of you plan to get married? And roughly when?
John

iliana
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Posts: 5
Joined: Mon Aug 28, 2006 9:43 pm

sorry about that

Post by iliana » Mon Aug 28, 2006 11:13 pm

we plan to get married in England & we are hoping to get married sometime next year or by 2008 at the latest (depending on my academic plans here in the states - I plan on completing my education here in the states before moving)
we plan to initially live together in england, but he has expressed interest in moving to spain. also, I do not want to settle permanently in england.
we just want to be together & eventually relocate to another area of europe.

I hope that helps make sense of it all - it is a bit sticky I know :(

iliana
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Posts: 5
Joined: Mon Aug 28, 2006 9:43 pm

Post by iliana » Tue Aug 29, 2006 2:54 am

Ive done some research here on the boards but
this: http://www.immigrationboards.com/viewtopic.php?t=4529
seems to conflict with
this: http://www.immigrationboards.com/viewtopic.php?t=6050


Im only getting more confused! :/

JAJ
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Australia

Post by JAJ » Tue Aug 29, 2006 4:42 am

iliana wrote:Ive done some research here on the boards but
this: http://www.immigrationboards.com/viewtopic.php?t=4529
seems to conflict with
this: http://www.immigrationboards.com/viewtopic.php?t=6050


Im only getting more confused! :/

You'll keep getting more confused until you make your plans clear regarding where you want to live.

Simplest plan is actually to forget about "EU law", get a fiance or spouse visa under normal UK immigration regulations, and become a naturalised British citizen after 3 years living in the UK.

Then you can move across Europe without needing to worry about permits/visas.

Start at http://www.ukvisas.gov.uk

iliana
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Posts: 5
Joined: Mon Aug 28, 2006 9:43 pm

Post by iliana » Thu Aug 31, 2006 2:45 pm

You'll keep getting more confused until you make your plans clear regarding where you want to live.

Simplest plan is actually to forget about "EU law", get a fiance or spouse visa under normal UK immigration regulations, and become a naturalised British citizen after 3 years living in the UK.

Then you can move across Europe without needing to worry about permits/visas.

Start at http://www.ukvisas.gov.uk
thankyou for the info! 3 years seems like a long time to live somewhere that wouldnt be my first choice, but I guess thats the sacrifice I would have to make for us to be together. he adamntly refuses to come to the states so I dont have much of a choice.

I was also wondering:
if I became naturalised British citizen after 3 years, could I still keep my american passport? also what happens if (heavens forbid) we split up? I hate to think about it but I also dont want to be naive & put myself in a bad situation should soemthing happen.

thankyou all for you help~!
-i

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Thu Aug 31, 2006 3:50 pm

if I became naturalised British citizen after 3 years, could I still keep my american passport?
No problem, both the US and the UK permit dual nationality. The only additional thing worth mentioning is that the US insist that the enter and leave the US using your US passport. And in practice you would want to enter and leave the UK using your British passport ... if only to ease the immigration procedure. Just carry both passports when you travel between the US and the UK.
what happens if (heavens forbid) we split up? I hate to think about it but I also don't want to be naive & put myself in a bad situation should something happen.
Near the end of your 2-year spouse visa, following the marriage, you will apply for and hopefully get ILR ... indefinite leave to remain. Once you have that you can live in the UK the rest of your life, the only proviso being that if you ever stay outside the UK for a continuous period of 2 years then you effectively need permission to use your ILR visa to travel back to the UK.

So if you have your ILR then you don't have a problem staying in the UK, and after 3 years if married to a British Citizen you can apply for Naturalisation as British, and if not so married then after 5 years.

If the two of your separate before you get your ILR, well that could cause a problem.
John

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