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Hi folks,

I have already posted a topic in a separate forum with the same title (seems like the best one), but different question/content. I'd appreciate some advice from you good folks.

My story is this: I met my Japanese partner in August 2009. From December 2009 - June 2010 we lived together in London after which she moved back to Japan as her student visa was about to expire. So we kept the relationship going and had hoped she could apply for the Youth Mobility Scheme (YMS) 2011. The funny (and amazingly unprofessional) thing was that although the UKBA and VFS (Official parner in Japan who interview the candidates) had stated that applications for the YMS would start 1 Jan 2011, they actually started on December 31st 2010 so we missed all appointments and thus missed the opportunity to apply for this visa. I know this sounds incredible but I assure you it happened just like this. By 1.30 UK time and 10.30 Japan time all appointments were gone. Unbelievable!

Anyway, after some researching and some phone calls I have been told that the fastest, easiest and probably cheapest way to allow us to be together in the UK is to get married in Japan and apply for an EEA Family Permit.

My questions are:

1. From what I've told you about my situation, would you say that this Family Permit route is our best option?

2. If we can provide proof of our relationship, her level of English (IELTS), my current and previous employment status (been in the UK all my life, working since 18, now 29), basically provide all the necessary evidence they need, what would stop us getting this permit? Does she need to prove that she is in employment in Japan or has been in employment?

3. Which route do we go - EEA2, 3 or 4?

Actually any help you could provide will be most appreciated. I'm sorry this post has got to epic proportions.

Many thanks and a happy new year.

Are you a British national exercising treaty rights in an EEA (excluding UK) country?

Does she qualify for an EEA FP as sushdmehta has pointed out. From what you say it doesn't seem to be an option for you.

Hi,

Thanks for your replies.

Can someone please explain what is meant by 'Exercising your treaty rights in an EEA country'?

If I am in full time work in the UK and have been for the past 5 years (actually 7) am I not exercising my treaty rights? Or does it mean that I would have to go to another EEA state, if there I meet and marry, I can then bring her back and then prove I had exercised my treaty rights?

This is all very confusing. Thank you all again for your advice (and patience).

Dev

devster wrote:Hi,

Thanks for your replies.

Can someone please explain what is meant by 'Exercising your treaty rights in an EEA country'?

If I am in full time work in the UK and have been for the past 5 years (actually 7) am I not exercising my treaty rights? Or does it mean that I would have to go to another EEA state, if there I meet and marry, I can then bring her back and then prove I had exercised my treaty rights?

This is all very confusing. Thank you all again for your advice (and patience).

Dev

If U have been continuously working for last 7 or even 5 years within the UK, U are absolutely exercising ur treaty right. you can go for EEA FP.
Good Luck.

He is a UK national...UK nationals are not exercising 'Treaty rights' when they live in their own country, unless returning after working abroad in another E.U country. 'Treaty Rights' generally apply to E.U citizens working in another E.U country outside their country of their citizenship

archigabe wrote:He is a UK national...UK nationals are not exercising 'Treaty rights' when they live in their own country, unless returning after working abroad in another E.U country. 'Treaty Rights' generally apply to E.U citizens working in another E.U country outside their country of their citizenship

Sorry I didn't notice. I am really very sorry for giving wrong information. I completely un-noticed British Citizenship. Once again sorry.

Hi devster,

Firstly, if you're an UK citizen and going to stay in the UK with your partner, what she needs is a UK spouse visa. Not an EEA family permit.

Please see the following page explain:
http://www.ukba.homeoffice.gov.uk/partn ... /partners/
And then:
http://www.ukba.homeoffice.gov.uk/partn ... lpartners/

Getting married in Japan can be one of the options of course, but alternatively she can apply for an entry clearance as a fiancé which will normally allow her to stay for 6 months within which you are expected to get married in th UK.

Being able to book a registration slot for the ceremony can take time so better check your borough's website for the process as well.

Getting a civil partnership visa will be difficult in your case, as it is required to prove that you two have lived together for 2 years with utility bills etc.

As for question no.2, rather than employment history both of yours' income and bank balances seem to matter. Although they don't really state exactly what amount you should have. Clearly they just want you/her/both of you not to depend on any public funds, so it is required to show you are financially sufficient for at least 3 months.

I guess you can get a rough idea which points they'll be checking by going through the actual applying form:
http://www.ukba.homeoffice.gov.uk/sitec ... 020091.pdf

By the way getting married in Japan will make a worst scenario 'divorce within 2years' much easier.

As a Japanese hoping to marry an EU citizen myself I wish you a best of luck.