Spouse of European!!!

[vivisrf]

Hi there,

I will try to make this short: I am Brazilian and my husband is Spanish, currently settled in America where he owns a small company.

We intend to travel to the UK and settle for a while, but we are concerned that my spouse visa will be refused as he is not (yet) a UK resident.

Somebody advised me that we should travel to the UK together (this way the immigration won´t be able to refuse my entry) and apply for my visa there.

Is it the correct course of action? Does it make any difference that I have lived in England previously as a student? (just graduated in Law from Manchester University) Also does it make any difference that we´ve been married for less than 6 months?

Regards for all,

Viviane

[flyboy]

You should apply for an EEA family permit from the british consulate.

Please read Guidance - EEA & Swiss Nationals for more information

[flyboy]

you'll find the above mentioned guidance on the following website:


www.ukvisas.gov.uk


click on "do i need a uk visa" and for purpose of visit section choose "family members (non-EEA) of EEA/Swiss national etc...

[JAJ]

Hi there,

I will try to make this short: I am Brazilian and my husband is Spanish, currently settled in America where he owns a small company.

We intend to travel to the UK and settle for a while, but we are concerned that my spouse visa will be refused as he is not (yet) a UK resident.

Is your husband on a Green Card in the United States?

[vivisrf]

Is your husband on a Green Card in the United States?[/quote]


Hi JAJ, yes, he has the green card!

[vivisrf]

Hi everybody, thanks for your replies. I have already had a look at the guidances from the HO, but I was wondering, more especifically, whether I could travel to the UK with my husband, and from there, apply for my leave to remain. I know a couple of people on this same situation and they said it is a lot quicker and cheaper to apply from within the UK.

I also thought that the fact that my husband is not a UK resident at this present moment could affect our chances. So, if we go first, get a house, get settled, get funds trasnfered to our UK bank account, my chances would be better.

Am I right or wrong?

[flyboy]

i think the rules changed about 3 years ago (correct me anyone) that to change status within country is no longer possible especially if you entered on a tourist visa (for non visa nationals you'll get leave to remain for 6 months at immigration).Any stays longer than 6 months, you need to acquire the appropriate visa/entry clearance.
Have a feeling that if you enter the country as a tourist and you and your husband decide to remain longer than 6 months in the country, you'll have to leave the country and apply for an EEA family permit and then return back to the UK and before the expiration of your EEA permit you can apply for a EEA residence document from the home office to confirm your right to live and work in the UK as a spouse of an EEA national.
Will be much simpler just to get the EEA family permit before you arrive to avoid any hassles.

[flyboy]

Just to add, even spouses of UK citizens visiting the UK as tourists can't switch status within the country, they need the appropriate spouse visa (in your respect that will be an EEA family permit since your husband is Spanish) to enter the UK to join their UK spouses.

[smalldog]

i think the rules changed about 3 years ago (correct me anyone) that to change status within country is no longer possible especially

Correct for spouses of UK nationals, but wrong for spouses of EU nationals. It is perfectly possible to enter the UK as a visitor and apply for a residence permit afterwards.

However, it can take up to 6 months to issue the residence permit and until you have it you will have no way of proving your right to work. If you apply for an EEA family permit before you arrive in the UK you will be able to find a job as soon as you arrive. Applying for an EEA family permit is relatively simple and it doesn't matter that your husband isn't yet resident -- you would be better off applying for one before you come.

[JAJ]

Is your husband on a Green Card in the United States?


Hi JAJ, yes, he has the green card!

Does he understand that once he leaves the U.S. to live elsewhere, his green card is at risk. There are steps that can be taken to minimise the risk of losing it immediately, but it will be really difficult to keep it long term.