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Moving to Uk

Forum to discuss all things Blarney | Ireland immigration

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aswadref
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Moving to Uk

Post by aswadref » Mon Nov 21, 2011 5:58 am

Hello,
Just need some help in regards to moving to uk,i am a irish national(through naturalisation) and my wife is a Non eea national.i am settled in ireland and being living here for last 10 years,now my wife has been offered a job in uk,the problem now is i dont want to move to uk till she is settled there or else i might loose my job from here if i go with her, so just wanted to know what were the options for my wife to go to uk how should she proceed.what type of visa she has to apply from the british embassy.

thanks for all your suggestions in advance

AYOUB
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Re: Moving to Uk

Post by AYOUB » Mon Nov 21, 2011 10:46 am

aswadref wrote:Hello,
Just need some help in regards to moving to uk,i am a irish national(through naturalisation) and my wife is a Non eea national.i am settled in ireland and being living here for last 10 years,now my wife has been offered a job in uk,the problem now is i dont want to move to uk till she is settled there or else i might loose my job from here if i go with her, so just wanted to know what were the options for my wife to go to uk how should she proceed.what type of visa she has to apply from the british embassy.

thanks for all your suggestions in advance
To simplify your desire, your wife will only get into Britain by you, who's an European citizen, and there's no way your wife could be excempted for virtue of knock-for-knock agreement under the freedom of movement without your own passport in support of her application to reside and work in the united kingdom of great Britain and northern Ireland.

Maybe there's another way out, saved in an exceptional circumstance by her employer without the recourse to your own right to freedom of movement in the European union could be saved by her employer.

You may try other way you know, from those two advise ways. :D

Monifé
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Post by Monifé » Mon Nov 21, 2011 12:01 pm

The only way for your wife to move to the UK and be permitted to work (without you moving there with her) is for her employers to sponsor her work visa. She would need to find this out from her potential employers.

If they are not willing to help/sponsor a work visa application, then the only other way is if you apply for an EEA family permit from the British Embassy here in Ireland. But once that is granted, you would need to be travelling to the UK together or you would need to go first and she would then join you. For the first 3 months, you do not need to work, but after that, in order for your wife to remain legal in the UK, you would need to be exercising treaty rights, which would be working, self-employed or studying (with health insurance for all the family).
beloved is the enemy of freedom, and deserves to be met head-on and stamped out - Pierre Berton

starbuck
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Post by starbuck » Mon Nov 21, 2011 1:20 pm

can't you do this -->

Apply EU4FM and go to the UK with you and your wife. She would be working in the UK. You can travel to and forth to ireland and work with your employer.

As it is one has to travel its better for you to have your residence in UK and travel to and forth to ireland ?

Is there anything that forbids it ?

thanks
*$

realhope
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Post by realhope » Mon Nov 21, 2011 3:45 pm

Monifé wrote:The only way for your wife to move to the UK and be permitted to work (without you moving there with her) is for her employers to sponsor her work visa. She would need to find this out from her potential employers.

If they are not willing to help/sponsor a work visa application, then the only other way is if you apply for an EEA family permit from the British Embassy here in Ireland. But once that is granted, you would need to be travelling to the UK together or you would need to go first and she would then join you. For the first 3 months, you do not need to work, but after that, in order for your wife to remain legal in the UK, you would need to be exercising treaty rights, which would be working, self-employed or studying (with health insurance for all the family).
Hi Monife
what about if she wants to go with him to the UK for a short visit. does she need to get EEA family permit? or does she need to get a UK visa? and which one would be easier to get? would you know how long it takes to get them?
many thanksssss
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aswadref
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Post by aswadref » Mon Nov 21, 2011 5:08 pm

thanks for all your suggestions

starbuck
Posted: Mon Nov 21, 2011 1:20 pm Post subject:
can't you do this -->

Apply EU4FM and go to the UK with you and your wife. She would be working in the UK. You can travel to and forth to ireland and work with your employer.

As it is one has to travel its better for you to have your residence in UK and travel to and forth to ireland ?

Is there anything that forbids it ?

thanks
*$


how do i apply for a EU4FM does she not need a visa than to go and work in uk...its just till she gets settled in than i can resign and join her there



Monifé
Posted: Mon Nov 21, 2011 12:01 pm Post subject:
The only way for your wife to move to the UK and be permitted to work (without you moving there with her) is for her employers to sponsor her work visa. She would need to find this out from her potential employers.

If they are not willing to help/sponsor a work visa application, then the only other way is if you apply for an EEA family permit from the British Embassy here in Ireland. But once that is granted, you would need to be travelling to the UK together or you would need to go first and she would then join you. For the first 3 months, you do not need to work, but after that, in order for your wife to remain legal in the UK, you would need to be exercising treaty rights, which would be working, self-employed or studying (with health insurance for all the family).



this means she has to get a EEA family permit first presume we apply this in the embassy which will be valid only for 3three months and than when i go to uk and extend it on my basis saying i am either working/studying or self employed is this correct.
so if i dont go there within three months she cant stay in uk any longer

starbuck
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Post by starbuck » Mon Nov 21, 2011 6:46 pm

all this is listed here

http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/#

once she gets a EU4FM go along with her. Also, get a visa when you are both in the UK. This would help her to travel even when you are not there with her.

Good luck.
*$

koded
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Post by koded » Mon Nov 21, 2011 9:03 pm

One option for you here is for her to apply for family permit and you go to UK with her. Then she should apply for residence card on the basis of self-sufficient and you can move back to Ireland to continue you work. Otherwise, you cant eat your cake and have it.

aswadref
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Post by aswadref » Tue Nov 22, 2011 3:18 am

starbuck Posted: Mon Nov 21, 2011 6:46 pm Post subject:

--------------------------------------------------------------------------------

all this is listed here

http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/#

once she gets a EU4FM go along with her. Also, get a visa when you are both in the UK. This would help her to travel even when you are not there with her.

Good luck.



koded Posted: Mon Nov 21, 2011 9:03 pm Post subject:

--------------------------------------------------------------------------------

One option for you here is for her to apply for family permit and you go to UK with her. Then she should apply for residence card on the basis of self-sufficient and you can move back to Ireland to continue you work. Otherwise, you cant eat your cake and have it.



please pardon my ignorance does EU4FM/FAMILY PERMIT/RESIDENCE CARD all mean the same or they are all different if so which do you guys recon is the best for me.
i mean EEA permit says both should travel together but if we fly from ireland there is no immigration on the other side.
guys i will be thankful if you expalin a little bit more on this as the website is a bit confussing for me.[/b]

starbuck
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Post by starbuck » Tue Nov 22, 2011 11:05 am

yes yes they all mean the same. Get the EEA permit. Then travel to UK with your wife. Send her passport for a 5 year multiple entry visa. You can come back to ireland and work along.

thanks
*$

realhope
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Post by realhope » Tue Nov 22, 2011 2:46 pm

starbuck wrote:yes yes they all mean the same. Get the EEA permit. Then travel to UK with your wife. Send her passport for a 5 year multiple entry visa. You can come back to ireland and work along.

thanks
*$
sorry can you please explain? EEA permit is from uk embassy in ireland. and 5 year multiple entry visa from where?
please clarify
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strongbow
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Post by strongbow » Tue Nov 22, 2011 3:20 pm

I dont think the 5 year multiple entry visa will be valid as this one is a tourist visa.

starbuck
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Post by starbuck » Tue Nov 22, 2011 3:28 pm

strongbow wrote:I dont think the 5 year multiple entry visa will be valid as this one is a tourist visa.
But that does not mean that every time the dependent has to be accompanied in and out of the country ? can anyone tell what kind of a multiple entry visa is needed ?

thanks
*$

strongbow
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Post by strongbow » Tue Nov 22, 2011 3:36 pm

i think the correct procedure is same as someone mentioned earlier in this thread.
EU national to go first to UK, apply for an EEA permit for the spouse. Once the spouse arrives in UK, she will need to apply for an EEA2 permit. This will take a few months to get approved. I think once the HO acknowledges the application the spouse has the right to work.
I don't really know what happens in the case where the EU national leaves UK to work outside the country--this process rests on the fact that the EU national is exercising treaty rights in the UK by virtue of either studying or working in the UK. If the EU national leaves the country then this process is void I think. I suggest asking this query in the EEA route applications section of this forums.

aswadref
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Post by aswadref » Tue Nov 22, 2011 4:21 pm

thanks for all your suggestions guys i think the best option is get my spouse EEA permit and get her in the UK and once there apply for recidency permit at this stage if she is settled in well may be i can resign my job and join her there.

does anyone know how long does the processing of uk recidence card takes Strongbow mention it can take upto few months

Monifé
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Post by Monifé » Tue Nov 22, 2011 8:30 pm

To clarify, if your wife intends to work in the UK and does not have an employment visa, you will have to move to the UK with her.

1) You will need to apply for an EEA Family Permit from the British Embassy in Dublin in order to enter the UK legally. I do not know the processing times, perhaps the EEA-route Applications Forum would have a better idea on how long it would take to issue. I could imagine it not being more than 8 weeks.

2) Once that family permit is issued, it is valid for 6 months and allows your wife to work, only once you are living in the UK with her. You can then travel to the UK and for the first 3 months of your stay, you do not have any conditions. After 3 months, you need to be exercising treaty rights (working, self-employed, studying/self-sufficient with health insurance).

3) Once in the UK, you can then apply for a residence card for your wife using this form. Applications take a maximum of 6 months (by law).

4) Once the residence card is approved (provided you fill all the conditions, exercising treaty rights etc), she will be issued a residence card of a family member of a Union citizen (that is you, now that you are an Irish citizen) and it will allow her to live and work in the UK for 5 years.

Her rights are attached to you at all times. You need to be living and exercising treaty rights in the UK for her to remain legal.

If you stay in the UK for more than 6 months and exercised treaty rights, you have to option to return to Ireland under EU law using the Surinder Singh route. This means, that when you have returned to Ireland, you may, if you wish, apply for a residence card in Ireland for your wife. Once approved, it will allow her to live and work in Ireland for 5 years with no conditions. After 3 years of marriage to you (from the date you received your naturalisation certificate) and with at least 1 years of residency in Ireland prior to her application, she may apply for citizenship as the spouse of an Irish national.
beloved is the enemy of freedom, and deserves to be met head-on and stamped out - Pierre Berton

realhope
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Post by realhope » Wed Nov 23, 2011 10:49 am

After 3 years of marriage to you (from the date you received your naturalisation certificate) and with at least 1 years of residency in Ireland prior to her application, she may apply for citizenship as the spouse of an Irish national.[/quote]

hi
can i just ask you to clarify. is it
a)3 years from the date you recieve naturalisation certificate
b)3years from the date of marriage to the naturalised person
c)3years from the date the spouse got her stamp 3 after she arrived to ireland as dependant spouse of stamp 4 holder(who is now irish)

thanksssssssssss
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strongbow
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Post by strongbow » Wed Nov 23, 2011 1:11 pm

realhope wrote:After 3 years of marriage to you (from the date you received your naturalisation certificate) and with at least 1 years of residency in Ireland prior to her application, she may apply for citizenship as the spouse of an Irish national

hi
can i just ask you to clarify. is it
a)3 years from the date you recieve naturalisation certificate
b)3years from the date of marriage to the naturalised person
c)3years from the date the spouse got her stamp 3 after she arrived to ireland as dependant spouse of stamp 4 holder(who is now irish)

thanksssssssssss
Point a above

Monifé
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Post by Monifé » Wed Nov 23, 2011 7:24 pm

Point (a) and (c). Whichever comes first. If she has 5 years on stamp 3, before she has 3 years from the date of your naturalisation certificate, she can still apply in her own right. You should inform them of your marriage and Irish citizenship if she has already made a citizenship application in her own right (if you haven't already done so) as this might speed up the process.

Spouse of Irish national citizenship applications tend to be quicker.
beloved is the enemy of freedom, and deserves to be met head-on and stamped out - Pierre Berton

aswadref
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Post by aswadref » Thu Nov 24, 2011 5:58 am

Monifé thanks a lot this detailed explaination helped a lot.

Final two Things I need to know.
1)I just need to go with her when she enters the Uk and
Than join her in say two months and look for a job that should be ok ya.
2)say we apply for recidence card at the end of 5th month my wife's visa be
Expired will she be still ok to stay coz she is waiting for decision on her recidence card.

Monifé
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Post by Monifé » Thu Nov 24, 2011 7:46 am

aswadref wrote:Monifé thanks a lot this detailed explaination helped a lot.

Final two Things I need to know.
1)I just need to go with her when she enters the Uk and
Than join her in say two months and look for a job that should be ok ya.
2)say we apply for recidence card at the end of 5th month my wife's visa be
Expired will she be still ok to stay coz she is waiting for decision on her recidence card.
(1) No. As soon as you leave the UK while your wife is living there, she will be classed as an illegal immigrant. She is only has the right to work and live in the UK once you are living there and exercising treaty rights.

(2) You can apply any time within the 6 months on the family permit. Although if you leave it too long and you have sent her application in and then her family permit expires, she will have no paper proof that she is allowed to live and work in the UK until the UKBA (UK immigration authorities) send her an acknowledgement of her residence card application which can be quick enough (approx 4 weeks), but if you are not working or you have not sent enough/the correct documents, it may take longer.
beloved is the enemy of freedom, and deserves to be met head-on and stamped out - Pierre Berton

aswadref
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Post by aswadref » Thu Nov 24, 2011 9:19 am

Monifé thanks


The thing what we were thinking was go with my wife and let her start
Working and once she is settled in a month I join her and look for job,what happens if I don't find a job...will they treat me self sufficient on wife's salary.

Monifé
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Post by Monifé » Thu Nov 24, 2011 8:08 pm

aswadref wrote:Monifé thanks


The thing what we were thinking was go with my wife and let her start
Working and once she is settled in a month I join her and look for job,what happens if I don't find a job...will they treat me self sufficient on wife's salary.
Yes, you can apply under self-sufficient but as far as I know you will need medical insurance for all of your family. You should confirm this in the EEA route applications section of this forum though as it may be different in the UK seeing as they have the NHS, but under the directive 2004/38/EC, you would need it.

Check your private messages.
beloved is the enemy of freedom, and deserves to be met head-on and stamped out - Pierre Berton

aswadref
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Post by aswadref » Thu Nov 24, 2011 11:04 pm

Thanks everyone all your help.

aswadref
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Post by aswadref » Thu Nov 24, 2011 11:05 pm

Monifé
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