Coming to england

coastline taxis · Post by **coastline taxis** » Tue Feb 15, 2011 7:33 pm

Hi firstly this is for a friend who is in the middle of a imagration minefield.Any advice will be passed on straight away ok so here goes

1 he moved to holland 10 years ago and has dual nationality
2 5 years ago he met a woman from moroco over the interne
3 love blossomed and he visited her many times and they fell in love
4 she moved to holland and they got married in holland
5 she dot a residence card and a job but stil only has morocon passport
6The recesion hit holland and they have both lost there jobs
7 he now wants to return to england and work with us
8 they applied for visa for her to come to england and she was refused for lack of evidence
9 he can come and go as he pleases but dosnt want to leave his wife alone in holland.
10 what are his options now as time is running out for the job hes been promised

please any advice welcome

86ti · Post by **86ti** » Tue Feb 15, 2011 7:54 pm

What are the nationalties of your friend?

coastline taxis · Post by **coastline taxis** » Tue Feb 15, 2011 8:00 pm

Hi
he is british with a british and a dutch passport
she is morocon with just a morocon passport
thank for a very quick reply

86ti · Post by **86ti** » Tue Feb 15, 2011 8:07 pm

Have a look through EUN2 for entry clearance and for the later residence see this. She can get the UK equivalent of the residence card with the same (well, similar, in practice) conditions as in the NL.

86ti · Post by **86ti** » Wed Feb 16, 2011 8:09 am

And forgot: as a British national he can of course also make use of the national route for settlement: tougher criteria, costs (quite some) money, but faster ILR and naturalisation.

Rozen · Post by **Rozen** » Wed Feb 16, 2011 10:40 am

If they've been married for more than three years, why does the wife not apply for a Dutch passport?

Kitty · Post by **Kitty** » Wed Feb 16, 2011 12:00 pm

What visa did they actually apply for? (was it a spouse visa under the UK Immigration Rules, or a Family Permit under EEA rules?)

When you say "lack of evidence", what evidence was missing?

I don't know anything about Dutcj nationality law, but if as Rozen says your wife can apply for a Dutch passport, then that might make things easiest in future.

coastline taxis · Post by **coastline taxis** » Wed Feb 16, 2011 12:42 pm

Hi and thanks for the replys. Spoke to my friend from holland and he is going to come on the site himself today so he can give the correct answers as when i post them theyl be 3rd hand

john boundy · Post by **john boundy** » Wed Feb 16, 2011 12:54 pm

hi iam the freind from holland i applyed for visa refused under section 9 of the eea i appeald all i get is iam in a que

86ti · Post by **86ti** » Wed Feb 16, 2011 1:06 pm

We would need more details. Are you working right now? But even if not you could apply as a Dutch national and section 9 wouldn't apply.

Any more details why you have been refused under this section?

john boundy · Post by **john boundy** » Wed Feb 16, 2011 1:11 pm

no iam not workig thats why i want to re turn to england with wife of 2yrs now here is getting very hard each year

86ti · Post by **86ti** » Wed Feb 16, 2011 1:14 pm

So, may I assume that you have been out of work for a quite a while now and that is the reason why your application has been refused? Try to apply as Dutch national.

john boundy · Post by **john boundy** » Wed Feb 16, 2011 1:17 pm

i applyd for family member eea as british national

coastline taxis · Post by **coastline taxis** » Wed Feb 16, 2011 1:54 pm

Ok lets start again please as ive been talking to my friend and we seem to be going of track.

He can come to england and work with no problem at all as he is british and has a british passport. He has a job lined up driving for us. we need help with the following what does he have to do to bring his wife with him to england they are a present living in holland. what is the best route to go down
i.e
him come to england and leave her in holland and apply for a visa from here

Send her to moroco and him come to england and apply for visa from england

His wife has family in france would she be able to go there and he comes here and again apply from england for visa.

or get a lawyer on to it (anybody got any numbers fopr one). Time is running out as we really cant hold this job open much longer.
best regards
steve

86ti · Post by **86ti** » Wed Feb 16, 2011 2:11 pm

coastline taxis wrote:Ok lets start again please

The available options have been mentioned already. You cannot expect us to give you just recipes. You really have to understand what you are doing and then make a decision.

If EEA route then apply as Dutch national (we still do not know why he was refused as British national) for EEA FP and take the wife to UK with that.

If UK route then your friend needs to establish himself first in the UK while the wife needs to wait outside the UK. I am not too familiar with this route and do not know whether she would need to apply for a spouse visa in Morocco or any place she legally resides (which probably would be neither France nor NL). Your friend will also need a certain income, accomodation, etc. Hopefully, somebody else can comment on that.

geriatrix · Post by **geriatrix** » Wed Feb 16, 2011 2:25 pm

Under UK immigration laws, the wife may apply for entry clearance as spouse of British citizen either in her home country or in a country for which she holds a "permission to reside" (see also Where to apply - the policy).

subject to maintenance and accommodation requirements.

regards

coastline taxis · Post by **coastline taxis** » Wed Feb 16, 2011 2:43 pm

hi and thank you all for taking the time to reply when we arnt posting the questions properly please bear with us.

He applied for a eea visa for his wife and was refused under section 9 not enough evidence he has apealed and its been 6 months now and every time he phones the embassey with regards to process they just tell him he is in a que. So what do they mean lack of evidence he supplied birth,mariage certificates etc etc

He just wants to work as hes not the type to sit around

86ti · Post by **86ti** » Wed Feb 16, 2011 3:03 pm

The current stance of the UKBA is that as a British national he would have to apply under the Surinder Singh ruling. This means that he would have to show that he is working (or is self-employed). Did your friend include any work related information in the application/appeal (Is this a "full" appeal, i.e. is it with the tribunal or just still with the ECM? Six months seems awfully long.) How long has he been out of work? Is the British embassy aware that your friend also holds Dutch nationality?

john boundy · Post by **john boundy** » Thu Feb 17, 2011 4:25 pm

OK AND THANKS FOR YOUR HELP I JUST RECEIVED THIS WHAT TO DO NEXTWe can confirm we have received the appeal and your appeal number is quoted above.

However, due to the Data Protection Act (1998), we require signed written confirmation from the appellant authorising access to any further information that is held on our records to be sent along with your request. You may wish to contact the appellant and request that they inform us that you are authorised to discuss the appeal matter with the Tribunal, as either their Sponsor or Non Legal Representative. Please also note that they we will also need provide all your contact details

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Coming to england

Coming to england