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Circle Junior Member Member # 7614	Posted February 19, 2004 12:17 AM Hi all... I am a non-EEA citizen getting married to my spanish GF which I have been with for 2 years, and living with for the last 7 months... I am on a student visa which will expire in november 2004. However I just graduated last week and I study no more. She just finished studying and is working @ the moment. Now my question goes: How difficult is it for me to change my status in the UK to be able to work without a work permit (NON-EEA Married to EEA staying in the UK). Is there a chance? Thanx alot guys...
Cosmopol Member Member # 7165	Posted February 19, 2004 04:27 PM You can certainly begin working being a spouse of an EEA national. This is from the IND site regarding the rights of the family members who themselves are non-EEA nationals: "Under European Community law, your [eligible to live and work in the UK] family includes: - your husband or wife; - your, or your husband's or wife's, children or grandchildren (if they are under 21 or, if they are over 21 and dependent on you); and - dependent relatives, for example, your husband's or wife's parents and grandparents. ****If you are a student, only your husband or wife and your dependent children can join you." [...] "Non-EEA family members must get an EEA family permit before they travel to the United Kingdom if they are coming to live with you permanently or on a long-term basis. If they try to enter the United Kingdom without an EEA family permit, we may refuse them entry." See more here. [ February 19, 2004: Message edited by: Cosmopol ]
Kayalami Member Member # 5984	Posted February 20, 2004 02:25 PM Just to add to Cosmopol's feedback: After your marriage you will be eligible to work in the UK as the spouse of an EEA Nationals exercising a treaty right in the UK. As a practicality you will need to have your immigration status changed and a new set of conditons endorsed on your ppt/ travel document. This requires your spouse to apply for a residence permit which will include your details as the spouse. All things being normal i.e. the Home Office are satisfied that your marriage is bona fide which it appears to be based on the length of your relationship a blue booklet type document would be issued typically within a month valid for 5 years. Your ppt will also get endorsed with a 5 yrs RP vignette likely to have your scanned photo on the LHS although this may also be an ink stamp. There is no need for your spouse to fill out a form but doing so fast tracks the application. She should use form EEC 1 and send it with accompanying documentation to the European Casework Unit at the Lunar House office in Croydon as thses types of application can not be made in person. The application is free and must be decided within 6 months under EU law. Good Luck and best wishes to you and your bride to be. -------------------- ---audi alteram partem---
Circle Junior Member Member # 7614	Posted February 20, 2004 04:25 PM Thank you Cosmopol and Kayalami for the response. I have a couple of more questions and I would be grateful if you could answer me: 1. I am worried that the home office will look at my original status which is STUDENT and deny me any changes on this status, as I heard that to change from student visa to something else is difficult...Is this true or all are myths? 2.As we are planning to get married @ the start of march, and then applying for the home office soon after that (lets say 10 days after). Is this too short? I mean will the home office look @ it as a sort of an arranged marriage? (this worries me the most). 3. Will it include an interview? 4. I saw in the EEC2 form that they require information about my employment, however I am a fresh gradute and my employment record is empty! will this cause any problems? I am very thankful for your effort in in this forum as it gives great knowledge to hope to us.
Chess Member Member # 7233	Posted February 20, 2004 04:44 PM Circle here are my answers 1). Its a myth - you can change 2). You can even apply for change of status on the sameday you get married 3). I dont know - wait for Kaya and Cosmo 4). ditto-3 From my personal experience and from experience of a few of my friends - the marriage thing works PERFECTLY well...........unless the other party (in this case wife) starts playing games I am not suggesting that your case is NOT bona fide...given the duration of your relationship!!! In my case the duration of my relationship was about 4 years and s/he pulled out at the last minute!!! [ February 20, 2004: Message edited by: Chess ] -------------------- .........Nkosi sikelele Africa
Kayalami Member Member # 5984	Posted February 20, 2004 05:02 PM 1. Your application is not under the immigration rules but rather under EU law so this is not an issue. Even if you were applying uner the IR's you would still be o.k. The only people who cannot switch status to that of a spouse are those who have six months or less leave to enter unless such has is confered by a fiance/fiancee visa - this presumes your student visa was for longer then 6 mths but as per my initial comment this subject is moot in your case. 2. Not a problem - some people leave the Registry and go straight to the Home Office . 3. The Home Office can interview any applicant for a variation of leave as part of the decision making process and they may also make a home visit. Interviews are primarily for asylum applicants and outside these typically overstayers/ illegal entrants so don't fret. 4. Form EEC2 is an application for Indefinite Leave To Remain aka Permanent Residence for EEA Nationals and their dependents after 4 yrs of residence in the UK under treaty rights i.e. employment or self employment so not students. This is not relevant for you at the present moment in time as your spouse and you have not met the conditions. Your spouse needs to fill out form EEC 1 - the employment details needed here are those for your EEA Spouse NOT you. Please read the form carefully to see what is required and try to calm down - things will work out mate..focu on the wedding and the happy times ahead -------------------- ---audi alteram partem---
Kayalami Member Member # 5984	Posted February 20, 2004 05:07 PM Chess, quote: In my case the duration of my relationship was about 4 years and s/he pulled out at the last minute!!! Sorry to hear that - so was it a he or a she ..seems things worked out for you in any case ..who knows you might have had plenty of grief - ave a good weekend. -------------------- ---audi alteram partem---
Circle Junior Member Member # 7614	Posted February 20, 2004 06:11 PM Kayalami, Chess, and Cosmopol..., Thank you very much buddies! I feel so much better now...honestly! I am going ahead with the arrangements and I'll keep you all updated. Chess, sorry to hear about your case...best of luck in your life. Regards, Future husband.
Chess Member Member # 7233	Posted February 20, 2004 08:03 PM Hola Circle, For me it worked out well eventually...............(I dont have to bite my tongue speaking in English to my loved one) Good luck with everything with the Signorita (is that the right spelling??) [ February 20, 2004: Message edited by: Chess ] -------------------- .........Nkosi sikelele Africa