Article 10 Residence Card in the UK - What to do?

ironmaiden · Post by **ironmaiden** » Wed Jan 23, 2019 5:31 pm

Hi everyone,

I'm a British citizen who lived in Czech Republic for 3 years with my Russian fiancee. She's got "Residence Card of a family member of an EU citizen" for 5 years as I lived in another EU state for more than 3 months and exercised my treaty rights. We've been asked many questions when we entered the UK but no stamp in her passport. We were advised to get RC which will make things easier everytime we travel back to the UK.

My question is; what is the best route to go now? Should we apply for a UK Residency Card for her which takes up to 6 months and they will hold her passport? Or if we want to get UK Spouse Visa (we are planning to get married in April), can we do that so within the UK? I spoke to an immigration advisor and she said that we might not be able to apply for a spouse visa within the UK as she does not have a visa at the moment. It made me confused because she doesn't really need a visa to live in the UK with Article 10 residency card, am I wrong?

Many thanks in advance!

(Eea)FamilyMember · Post by **(Eea)FamilyMember** » Wed Jan 23, 2019 6:27 pm

Of course she needs a UK version of article 10 Visa in order to live in UK.She doesn't need one for a touristic visit only.
If you mooved to say Germany , her czech artikel 10 Visa would need to bee exchanged for a german one or for a European settlement Visa in the country of issue prior to your moove.European settlement Visa are not valid in UK and Danmark since they are not part of Schengen area.

ironmaiden · Post by **ironmaiden** » Wed Jan 23, 2019 6:32 pm

Thanks for response but I don't think we are talking about same thing.... Also chief immigration officer at Calais told us that she does not have to apply for another visa. Home Office website also states that so. That's not my question anyway, we will just switch the visas so we won't be asked many questions everytime we come back to the UK.

(Eea)FamilyMember · Post by **(Eea)FamilyMember** » Wed Jan 23, 2019 6:34 pm

Sorry , just noticed you are UK citizen.She can't possibly get a UK artikel 10 Visa , you need to go down that Indian guys path , surrender Singh or whatever his name was.Good luck.

ironmaiden · Post by **ironmaiden** » Wed Jan 23, 2019 6:46 pm

Again, I don't think is Surinder Singh case as we can't apply within the UK, if am not mistaken? Also, I'm exercising my treaty rights which meaning I'm considered as an EU national rather than British after having lived in another EEA State for more than 3 months.

(Eea)FamilyMember · Post by **(Eea)FamilyMember** » Wed Jan 23, 2019 7:07 pm

Your main problem is , I think , that UK doesn't have an official exchange of visas since theye are not within Schengen area.So even if they concider you (her husband )as EU citizen , she will still have to apply for a new UK residence , just like I did when i mooved to UK even though I held a Schengen residence card for 15 years prior to that).

(Eea)FamilyMember · Post by **(Eea)FamilyMember** » Wed Jan 23, 2019 7:37 pm

Couse if she doesn't hold a UK Visa of any kind or a EU passport (you decide which path to take to obtain one ) , with her czech artikel 10 . Schengen visa , she will NEVER be able to obtain a national insurance number and her life in UK would be simply crap.Just for visiting UK in your company , that Visa is great to have.

ljdebenedictis · Post by **ljdebenedictis** » Wed Jan 23, 2019 8:52 pm

ironmaiden wrote: ↑
Wed Jan 23, 2019 5:31 pm
Hi everyone,

I'm a British citizen who lived in Czech Republic for 3 years with my Russian fiancee. She's got "Residence Card of a family member of an EU citizen" for 5 years as I lived in another EU state for more than 3 months and exercised my treaty rights. We've been asked many questions when we entered the UK but no stamp in her passport. We were advised to get RC which will make things easier everytime we travel back to the UK.

My question is; what is the best route to go now? Should we apply for a UK Residency Card for her which takes up to 6 months and they will hold her passport? Or if we want to get UK Spouse Visa (we are planning to get married in April), can we do that so within the UK? I spoke to an immigration advisor and she said that we might not be able to apply for a spouse visa within the UK as she does not have a visa at the moment. It made me confused because she doesn't really need a visa to live in the UK with Article 10 residency card, am I wrong?

Many thanks in advance!

I’m a bit confused with your question but let me try to answer and help.

You’re a British citizen lived and exercised treaty right in Czech with your non EU wife right? When you came to UK, what visa did your wife had? Is it EEA family permit? If yes, did your wife applied for Residence permit (5 years) afterwards? If yes then should be holding a “residence card - family member of an eea national”. If she is currently holding a Resident permit then she can wait for end of March to apply for pre settled / settled (depends on how long she’s been living here).

I don’t know why would you even consider switching to spouse visa? That doesn’t make sense as you already here in UK.

My answer is only based on how I understand your question. I’m sure someo was from this forum will know the right answer. They are very helpful here.

ironmaiden · Post by **ironmaiden** » Wed Jan 23, 2019 9:34 pm

Yes, it's bit confusing thats right

I'm British, lived in Czech Rep with my non-eu partner. We applied for "Residence Card of a Family Member of an EU Citizen" for 5 years (that's what it states on the permit she has) in Czech Republic and we moved to UK with that. We haven't applied for anything else in the UK yet as we were told that she does not really need to get a visa for UK. The permit we got in Czech Republic already gives her right to live in the UK.

The reason we want to get her either UK Residency Card is that we won't have to spend some time at the border and showing the evidence that we lived together in Czech Rep before. The issue is process takes up to 6 months...

And the reason I thought of getting spouse visa is that the process is very quick and she can get naturalised for British citizenship after 3 years instead of 5 years - right?

Thanks for help

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Article 10 Residence Card in the UK - What to do?

Article 10 Residence Card in the UK - What to do?

Re: Article 10 Residence Card in the UK - What to do?

Re: Article 10 Residence Card in the UK - What to do?

Re: Article 10 Residence Card in the UK - What to do?

Re: Article 10 Residence Card in the UK - What to do?

Re: Article 10 Residence Card in the UK - What to do?

Re: Article 10 Residence Card in the UK - What to do?

Re: Article 10 Residence Card in the UK - What to do?

Re: Article 10 Residence Card in the UK - What to do?