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Spouse Visa for non EU Joining EU partner in the UK

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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B44b6
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Joined: Tue Aug 29, 2017 2:21 pm
Sudan

Spouse Visa for non EU Joining EU partner in the UK

Post by B44b6 » Tue Aug 29, 2017 3:07 pm

Hello

I am currently in the UK on TIER 5 visa under sponsorship to work in the NHS for 2 years. My wife has joined me in the UK (Holds EU passport) and is also working with the NHS.
My situation is that my wife had to move to a different part of the UK to continue her training . Now because I hold a TIER 5 visa I cannot switch jobs without applying for a new visa so I am trying to get a spouse visa to join my wife.

We have been married for 1 year now and living in the UK since OCT 2016 .
Please help me answer three questions:

1. Is my wife allowed to sponsor me for a spouse visa with her EU passport even though she only lived here for 1 year?

2. Does the 2 year "living together" criteria apply to us married couples in the UK?

3. Do I need to leave and re-enter the country if my visa application was accepted?

Thank you in advance much appreciated.

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CR001
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Re: Spouse Visa for non EU Joining EU partner in the UK

Post by CR001 » Tue Aug 29, 2017 3:22 pm

1. Is my wife allowed to sponsor me for a spouse visa with her EU passport even though she only lived here for 1 year?
It is not a 'visa' you apply for but a residence card. Your rights are automatic if married to an EU citizen (not British).
2. Does the 2 year "living together" criteria apply to us married couples in the UK?
No because you are married.
3. Do I need to leave and re-enter the country if my visa application was accepted?
No. You are applying for a residence card to confirm your rights as the spouse of an EU citizen.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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