EEA to UK

Hi there,

Hope someone can help!

My Husband entered the UK on a EEA family permit, which was granted in Republic of Ireland, where we were both living. Although I am a born British citizen, I was exercising my right in Ireland and so we were able to take the EEA route as it was easier, faster and cheaper at the time!

My question is, now that we are in the UK (and financially better), can he apply for leave to remain (from within the UK) as spouse of British citizen under UK law?

I am aware that you cannot 'switch' from EEA to UK, but could we make a new application to apply under UK law from within the UK?

If we can it will mean that he can apply for Indefinite Leave to Remain after 2 years (UK law) rather than 5 years (EU law). It doesn't seem fair to wait that long when I'm a UK citizen.

If the above is 100% no, does anyone know any other way we can get ILR/British Citizenship for my Husband soon than 5-6 years?

No.
Naturalise immediately after PR as the spouse of a British citizen.

Spouse visa from outside the UK is possible.

What if he hasn't yet applied for his 5-year permit?

He was initially granted a 6-month UK entry visa under EU law (as an EEA family member) which expires in a week.

If we hold off on applying for the EEA 5-year family permit, can we apply for a spousal visa or leave to remain under UK immigration law once the initial 6-month EEA permit expires?

That way he will still be here legally, but not under any visa or permit.

Ella400 wrote:What if he hasn't yet applied for his 5-year permit?

He was initially granted a 6-month UK entry visa under EU law (as an EEA family member) which expires in a week.

If we hold off on applying for the EEA 5-year family permit, can we apply for a spousal visa or leave to remain under UK immigration law once the initial 6-month EEA permit expires?

That way he will still be here legally, but not under any visa or permit.

No this is not possible either as he does not have leave to enter or remain but is here under the Eea regulations and therefore cannot switch from within the UK. With respect you used the Eea route because it was easier and cheaper for you at the time. If you now want to take advantage of the UK route then he needs to apply from outside the UK.

Unfortunately we needed to return to the UK urgently and with no savings or no option to wait up to 6-months for an answer on the UK route it made sense at the time to apply for EEA, which took less than 24 hours to be approved and was available for collection the following day. I didn't avoid UK immigration because it was easier to gain entry.

So, based on the supposed 'only option' how long would he have to leave the UK for to apply? Could he apply from the day he arrives back in South Africa? and would he have to stay in South Africa while they process the application or could he return to the UK on his EEA Family permit? I know that these applications can take up to 6 months or even longer.

If for any reason they refuse the UK Spousal Visa, which I cannot see happening, would this affect his EEA family permit?

Thanks

Ella400 wrote:Unfortunately we needed to return to the UK urgently and with no savings or no option to wait up to 6-months for an answer on the UK route it made sense at the time to apply for EEA, which took less than 24 hours to be approved and was available for collection the following day. I didn't avoid UK immigration because it was easier to gain entry.

So, based on the supposed 'only option' how long would he have to leave the UK for to apply? Could he apply from the day he arrives back in South Africa? and would he have to stay in South Africa while they process the application or could he return to the UK on his EEA Family permit? I know that these applications can take up to 6 months or even longer.

If for any reason they refuse the UK Spousal Visa, which I cannot see happening, would this affect his EEA family permit?

Thanks

According to ukvisas, the processing time for settlement visas from Jburg and Pretoria are that 100% of applications are decided within 30 days and 10 days respectively.

I suppose he could travel to the UK on his EEA family permit whilst his spouse visa is being processed but this would mean requesting his passport back which might delay his application, and also, he would still have to travel back to SA to get his passport and re-enter using the spouse entry clearance in order to be granted leave to enter on that basis.

If the two of you were lawfully residing in Ireland, he could apply from there but given you have presumably now set things up for yourself here that might complicate matters further.

He can apply for the spouse visa as soon as he is ready to do so back in SA

Appreciate that advice.

Cape Town processing times on settlement visas are 96% by 10 days, 100% by 15 days so perhaps if we went for a few weeks we could submit all evidence and data on our day of arrival and hopefully have it issued by the time we leave. If it's not ready, he could always fly back to the UK on his EEA permit and at a later date return to SA to get his passport stamped once his UK visa is approved.

Thanks!

About applying from Ireland...

Yes we were legally residing there, my Husband was in the process of applying for an EEA family permit from the Irish Immigration Service. He was issued with a temporary one until the processing was completed but we switched to the UK EEA family permit before the full 5-year permit was issued.

It would certainly be easier to travel to Ireland and apply but would we be able to do so if we are no longer living there? We do however have relatives there that we can stay with for a few weeks.

It would be much easier as if it's not ready by the time we return to the UK, it would be simple to fly back to collect the visa stamp and enter under the UK immigration visa.

So would the fact that we no longer live there, and that a full 5-year EEA permit was not issued (the temporary one has now expired) as we switched to the UK version while it was being processed be an issue?

Ella400 wrote:
If we can it will mean that he can apply for Indefinite Leave to Remain after 2 years (UK law) rather than 5 years (EU law). It doesn't seem fair to wait that long when I'm a UK citizen.

You had the choice when you applied to apply for either and you choose the free and longer route. Many of us could say it is not fair the the EEA permit is free and the other route is expensive!

I would doubt if his permit will be valid once he leaves the UK and he make another application.

Pennyless in india... if you'd bothered to read my reason for applying via EEA rather than UK, you will see that 'free' was not my main reason. Time was.

I do not set the immigrations rules so will not apologise that you have to pay and I did not. As you can see, I am now in a position where I am able to wait and to pay the UK immigration costs for my Husband - even though I am a born British Citizen and the UK is my home.

If I was choosing to live in another country, other than my own or my Husbands, I think the fees and costs should be even more that what is being asked.

With that said, if you have anything constructive to say, please do. If you're are just here to complain and be negative, rather don't comment.

ella, people are very helpful and for you to be told the truth shouldnt be too painful for you and start insulting people. You have a choice to take your anger on UKBA and not on innocent people here.
You ve been told the fact so just follow it and follow your mind and stop all this please.

Please re-read my post. You'll see I have made no insults whatsoever. As you say is acceptable, I am simply stating facts.

I have no anger at all with UK immigration... I think they are doing their job... But I wouldn't be doing my job if I didn't find out all the facts and try my best to do what's best for my family.

I came on here for advice. If it's not possible, a simple "It's not possible" would suffice.

I have appreciated all constuctive advice given to me.

Ella400 wrote:Please re-read my post. You'll see I have made no insults whatsoever. As you say is acceptable, I am simply stating facts.

I have no anger at all with UK immigration... I think they are doing their job... But I wouldn't be doing my job if I didn't find out all the facts and try my best to do what's best for my family.

I came on here for advice. If it's not possible, a simple "It's not possible" would suffice.

I have appreciated all constuctive advice given to me.

Please, could you tell me what documents you submited when you applied for your husband's family permit in Ireland, your help would be highly appreciated, many thanks.
Daddy.

Hi ella,

In my case, I managed to changed from EEA2 to UK route, ive got 2yrs Leave to remain spouse/partner visa. I applied in person. When i was at the checking counter where they check if all documents are valid and ready for payment, the girl said this is the first time someone who got an EEA2 residence permit applied for spouse visa. So she asked us to wait while she consults her senior officer. After awhile, they came to me and said yes it's fine. I get my visa on the same day. Hope this help.