EEA Spouse visa

....and if you intend to leave the UK within one week of marrying once you have submitted your RC application, how will you provide biometrics if you have left the country

confusedandsad wrote:^Thanks, that is helpful.

Can you please provide me the link where you got that information?

https://eforms.homeoffice.gov.uk/outrea ... ments.ofml

once you fill the form, it appears on the last page, like terms and conditions.

Casa wrote:....and if you intend to leave the UK within one week of marrying once you have submitted your RC application, how will you provide biometrics if you have left the country

I will wait to I get the biometrics letter, submit, then leave.

Is this doable? Is there any flaw in this strategy? That is -

1. Get married.
2. Apply for Residence permit
3. Request passport back from home office while in the UK and application is being processed
3. Submit Biometrics in the UK once requested
4. Travel home
5. Wife visits me and brings Residence permit once received or she posts it to my parents house

Would the above strategy void my Residence Permit application while it is being processed or would I encounter difficulties coming back into UK? Seems like I am in complete compliance of all the policies I have read.

confusedandsad wrote:What is the point of requesting for my passport back then if i can't travel? Why would they offer a service that in essence has no use?

For non EEA, a passport is the only way they have to prove their identity in this country, that's the reason they allow applicants to ask for their passport back

wegiwegi wrote:

confusedandsad wrote:What is the point of requesting for my passport back then if i can't travel? Why would they offer a service that in essence has no use?

For non EEA, a passport is the only way they have to prove their identity in this country, that's the reason they allow applicants to ask for their passport back

Before I applied for my residence card, I applied for a UK driving license (just the provisional, I still have a foreign one but wasn't ready to convert it) so i had a UK form of ID rather than just a foreign licence, but you can use "some/a few"(Cnanadian, Australian) foreign licences even non-eea licences as ID, I used mine as proof of age many times, but I could use it to open a post office bank account).

Current full UK/EU/USA/Canada/Australia photo card driving license (no more than 10yrs old)
Read more at http://www.postoffice.co.uk/standard-ac ... 62vIiik.99

Hi all,

Seems this is getting complicated on my end to go down the European route given the time I will be left without my passport.

As my wife (to be) is also a Permanent Resident to avoid complications of spending time without a passport I am thinking I might just apply for the UK spouse visa and just cop the higher fee and go for the premium service in the UK.

If I go down this route, can I apply for a british passport after living in the UK for 3 years? I understand that the visa is 2.5 years so I would have to extend it twice but is it 3 years or 5 years?

If it is 3 years to get the passport it is worth it on my side to pay the extra fees and avoid the hassle of waiting around for my passport. THe uk premium service is very handy.

confusedandsad wrote:Hi all,

Seems this is getting complicated on my end to go down the European route given the time I will be left without my passport.

As my wife (to be) is also a Permanent Resident to avoid complications of spending time without a passport I am thinking I might just apply for the UK spouse visa and just cop the higher fee and go for the premium service in the UK. You can only apply for FLR(M) from within the UK if your Tier 2 visa is still valid, or is within 14 days of being curtailed. I believe you've already resigned from your employment? Does your fiancee meet the minimum income level of £18,600 p.a?

If I go down this route, can I apply for a british passport after living in the UK for 3 years? I understand that the visa is 2.5 years so I would have to extend it twice but is it 3 years or 5 years? No, as you will need to have first been granted ILR which takes 5 years. Unless your wife has obtained British citizenship by then, you will have to wait a further 12 months after ILR. An FLR(M) visa has to be extended after 2.5 years (2.5 + 2.5). Also, you will only be entitled to apply for a British passport once you have been granted British citizenship.

If it is 3 years to get the passport it is worth it on my side to pay the extra fees and avoid the hassle of waiting around for my passport. THe uk premium service is very handy. See above.

The application fee (postal) for FLR(M) is currently £933 + £500 NHS surcharge. If you apply in person at a PSC the additional premium fee will be £590.

Some members have been able to confirm whether their leave has been curtailed by phoning the UKVI on 0300 123 2241
Alternatively, you can apply for a Subject Access Request (SAR) online which will give you an idea of what information the HO hold on you. This may save you losing the FLR(M) application fee if it transpires that your Tier 2 visa has been curtailed and you no longer have Section 3c leave.
https://www.gov.uk/government/publicati ... mmigration

[quote="confusedandsad"Is there any flaw in this strategy? That is -

1. Get married.
2. Apply for Residence permit
3. Request passport back from home office while in the UK and application is being processed
3. Submit Biometrics in the UK once requested
4. Travel home
5. Wife visits me and brings Residence permit once received or she posts it to my parents house

Would the above strategy void my Residence Permit application while it is being processed or would I encounter difficulties coming back into UK? Seems like I am in complete compliance of all the policies I have read.[/quote]
I can't reliably answer on the voiding part, but I recall no evidence of it happening. However, you overlooked variant 5(c):

5(c) Wife visits you (and your family, to get photos for UK IO, - or are you ashamed of her?) and you travel back to UK and use EEA Regulations stamp or a positive CoA to get a job.

I'm slightly confused. What photos for the UK Immigration Officer

Casa wrote:

confusedandsad wrote:Hi all,

Seems this is getting complicated on my end to go down the European route given the time I will be left without my passport.

As my wife (to be) is also a Permanent Resident to avoid complications of spending time without a passport I am thinking I might just apply for the UK spouse visa and just cop the higher fee and go for the premium service in the UK. You can only apply for FLR(M) from within the UK if your Tier 2 visa is still valid, or is within 14 days of being curtailed. I believe you've already resigned from your employment? Does your fiancee meet the minimum income level of £18,600 p.a?

If I go down this route, can I apply for a british passport after living in the UK for 3 years? I understand that the visa is 2.5 years so I would have to extend it twice but is it 3 years or 5 years? No, as you will need to have first been granted ILR which takes 5 years. Unless your wife has obtained British citizenship by then, you will have to wait a further 12 months after ILR. An FLR(M) visa has to be extended after 2.5 years (2.5 + 2.5). Also, you will only be entitled to apply for a British passport once you have been granted British citizenship.

If it is 3 years to get the passport it is worth it on my side to pay the extra fees and avoid the hassle of waiting around for my passport. THe uk premium service is very handy. See above.

The application fee (postal) for FLR(M) is currently £933 + £500 NHS surcharge. If you apply in person at a PSC the additional premium fee will be £590.

Some members have been able to confirm whether their leave has been curtailed by phoning the UKVI on 0300 123 2241
Alternatively, you can apply for a Subject Access Request (SAR) online which will give you an idea of what information the HO hold on you. This may save you losing the FLR(M) application fee if it transpires that your Tier 2 visa has been curtailed and you no longer have Section 3c leave.
https://www.gov.uk/government/publicati ... mmigration

My fiance makes more than 18,600 p.a. I have stayed beyond 60 days now since my last day of employment, however, I have not yet received a curtailment letter.

My wife can apply for citizenship in Feb18. She wasnt going to appply for it given i was choosing to go down the EEA route but now if I go down the UK route she will. Does that mean from the moment she gets her citizenship in 3 years I can apply for the passport?

No it does not. You require ILR before you can apply for citizenship. To get ILR or PR you need 5 years residence. There is no shorter route to OLE or PR.

What is OLE?

https://www.gov.uk/becoming-a-british-c ... sh-citizen

But my fiance can become a british citizen in feb18 next year. The guidance says its 3 years?

confusedandsad wrote:What is OLE?

I think it's a mistype I believe it is meant to be ILR (i.e. hit the o key instead of the i, they are right next to each other )

confusedandsad wrote: https://www.gov.uk/becoming-a-british-c ... sh-citizen

But my fiance can become a british citizen in feb18 next year. The guidance says its 3 years?

As Stated already by CR001

CR001 wrote:No it does not. You require ILR before you can apply for citizenship. To get ILR or PR you need 5 years residence. There is no shorter route to OLE or PR.

There is a three-year residency requirement if your spouse is a British Citizen, however, you must have ILR or PR know as settled status in the UK so you can remain without any time limit is a condition of naturalisation. However, there is NO spouse route to settled status in under five years (there was but it was abolished in 2012 and replaced by the FLR (M) which is a series of two 2.5 year visas after which you may obtain ILR - again a requirement for Naturalisation).

So the EEA route or the UK immigration law route still both require five years residency to obtain settled status which is required to obtain British Citizenship.

What is ILR?

So why do they have the 3-year requirement? If someone is settled, wouldnt they have been here for 5 years so what is the point of even including the 3 year requirement? What situation is it meant to capture?

If the UK and EU route both require 5 years then it is a no brainer to go down the EU route. It is much cheaper and you get an extra 2.5 years. Is there a benefit of going down the UK route I am missing? Apart from the premium service of course.

My fiancee might be able to get 1-2 weeks to visit NZ aswell. If she visits for part of the trip while I am there does this help my cause? There is no way she will be able to get the whole 30 days off to join me

confusedandsad wrote:What is ILR? Indefinite Leave to Remain = Permanent Residence under the UK Immigration Rules

So why do they have the 3-year requirement? Is there ever a situation when someone can get citizenship even though they have not been in the UK for 3 years? If everyone is supposed to be in the UK for 5 years, why do they even have the 3-year requirement What situation is it meant to capture? No there isn't now. Previously anyone who applied for a Spouse Settlement visa before July 9th 2012 only had to complete 2 years under limited leave to remain to qualify for ILR and then 1 year after would qualify for British citizenship. That is no longer an option as it's a minimum 5 year path to settlement (ILR).

If the UK and EU route both require 5 years then it is a no brainer to go down the EU route. It is much cheaper and you get an extra 2.5 years. Is there a benefit of going down the UK route I am missing? Apart from the premium service of course. Brexit may mean that someone starting out on the 5 year EEA route to permanent residence may not have time to qualify.

My fiancee might be able to get 1-2 weeks to visit NZ aswell. If she visits for part of the trip while I am there does this help my cause? There is no way she will be able to get the whole 30 days off to join me

Probably.

Casa wrote:

confusedandsad wrote:What is ILR? Indefinite Leave to Remain = Permanent Residence under the UK Immigration Rules

So why do they have the 3-year requirement? Is there ever a situation when someone can get citizenship even though they have not been in the UK for 3 years? If everyone is supposed to be in the UK for 5 years, why do they even have the 3-year requirement What situation is it meant to capture? No there isn't now. Previously anyone who applied for a Spouse Settlement visa before July 9th 2012 only had to complete 2 years under limited leave to remain to qualify for ILR and then 1 year after would qualify for British citizenship. That is no longer an option as it's a minimum 5 year path to settlement (ILR).

If the UK and EU route both require 5 years then it is a no brainer to go down the EU route. It is much cheaper and you get an extra 2.5 years. Is there a benefit of going down the UK route I am missing? Apart from the premium service of course. Brexit may mean that someone starting out on the 5 year EEA route to permanent residence may not have time to qualify.

My fiancee might be able to get 1-2 weeks to visit NZ aswell. If she visits for part of the trip while I am there does this help my cause? There is no way she will be able to get the whole 30 days off to join me

Probably.

I am still confused why they include the 3 years in the guidance if it is no longer relevant?

Can I apply under UK route if my wife is a Permanent Resident and not citizen?

confusedandsad wrote:

Casa wrote:

confusedandsad wrote:What is ILR? Indefinite Leave to Remain = Permanent Residence under the UK Immigration Rules

So why do they have the 3-year requirement? Is there ever a situation when someone can get citizenship even though they have not been in the UK for 3 years? If everyone is supposed to be in the UK for 5 years, why do they even have the 3-year requirement What situation is it meant to capture? No there isn't now. Previously anyone who applied for a Spouse Settlement visa before July 9th 2012 only had to complete 2 years under limited leave to remain to qualify for ILR and then 1 year after would qualify for British citizenship. That is no longer an option as it's a minimum 5 year path to settlement (ILR).

If the UK and EU route both require 5 years then it is a no brainer to go down the EU route. It is much cheaper and you get an extra 2.5 years. Is there a benefit of going down the UK route I am missing? Apart from the premium service of course. Brexit may mean that someone starting out on the 5 year EEA route to permanent residence may not have time to qualify.

My fiancee might be able to get 1-2 weeks to visit NZ aswell. If she visits for part of the trip while I am there does this help my cause? There is no way she will be able to get the whole 30 days off to join me

Probably.

I am still confused why they include the 3 years in the guidance if it is no longer relevant? Don't stress about it. That's how it is.

Can I apply under UK route if my wife is a Permanent Resident and not citizen?

YES

Thanks.

How long can my wife be outside of the UK before her Permanent Residency becomes void and she has to apply for it again?

Casa wrote:I'm slightly confused. What photos for the UK Immigration Officer

To show his wife with his family in New Zealand, as an indication that the marriage might not have been entered into simply for immigration advantage.

confusedandsad wrote:I am still confused why they include the 3 years in the guidance if it is no longer relevant?

There are faster ways of being in the UK without a time limit. Dependent children can get ILR once the relevant parents are settled, and some people entering from the Republic of Ireland are automatically not subject to any time limit.

The actual naturalisation law dates back to when spouses got immediate leave to remain.

confusedandsad wrote:Can I apply under UK route if my wife is a Permanent Resident and not citizen?

Yes.

confusedandsad wrote:How long can my wife be outside of the UK before she has to reapply for Permanent Residency again?

One year 364 days.

Thanks Richard.

I did not understand this, are you saying she visits me and we travel back together after my EEA family permit has been approved?

5(c) Wife visits you (and your family, to get photos for UK IO, - or are you ashamed of her?) and you travel back to UK and use EEA Regulations stamp or a positive CoA to get a job.

At this stage I am planning to return home to put in the application after a 3-4 day honeymoon then she will join me 3-4 weeks after for a 1-2 week holiday and we will fly back together to the UK

Does this make my application more supportive?

confusedandsad wrote:I did not understand this, are you saying she visits me and we travel back together after my EEA family permit has been approved?

I was suggesting that you fly back together without waiting for a family permit. When you arrive in the UK, you insist on being stamped in using an EEA Regulation stamp.

confusedandsad wrote:At this stage I am planning to return home to put in the application after a 3-4 day honeymoon then she will join me 3-4 weeks after for a 1-2 week holiday and we will fly back together to the UK

Does this make my application more supportive?

It makes it easier to enter the UK. A spouse is good walking documentation of one's being a family member. It also makes it easier for Immigration to confirm that you are entering with or joining your spouse - they won't get the confirmation process wrong!

Richard W wrote:

confusedandsad wrote:I did not understand this, are you saying she visits me and we travel back together after my EEA family permit has been approved?

I was suggesting that you fly back together without waiting for a family permit. When you arrive in the UK, you insist on being stamped in using an EEA Regulation stamp.

rong!

Is there a reason why I would do this over just applying for the family permit given it is free?

As I am on a tier 2 visa currently, I have been told this option of just returning and having passport stamped will make things difficult. Isnt it just easier to apply for the family permit? Or is there a reason why you are suggesting I shouldnt? I will be in NZ for >30 days and the website says 100% of applications have been processed in 30 days historically.

You may recall that I previously pointed out the disclaimer under the processing times:
"Note: actual processing times may vary depending on a range of factors."

I did use the word "historically"

confusedandsad wrote:

Richard W wrote:

confusedandsad wrote:I did not understand this, are you saying she visits me and we travel back together after my EEA family permit has been approved?

I was suggesting that you fly back together without waiting for a family permit. When you arrive in the UK, you insist on being stamped in using an EEA Regulation stamp.

rong!

Is there a reason why I would do this over just applying for the family permit given it is free?

As I am on a tier 2 visa currently, I have been told this option of just returning and having passport stamped will make things difficult. Isnt it just easier to apply for the family permit? Or is there a reason why you are suggesting I shouldnt? I will be in NZ for >30 days and the website says 100% of applications have been processed in 30 days historically.

Am I missing something here Richard?