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Spouse Visa for non EU Joining EU partner in the UK

Posted: Tue Aug 29, 2017 4:07 pm
by B44b6
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.

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

Posted: Tue Aug 29, 2017 4:22 pm
by CR001
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.