ben72 wrote:Dear all,
May I seek some advice, I am a british citizen living in Spain, I have moved here to be with my partner (Non European national) 3 years ago we have a beautiful daughter now, I have worked for a year and a halfhalf I had to look after my daughter as my wife to be was earning much more than I was. Previously we applied for a visiting visa to visit the UK, few weeks ago we applied for a family visa to revisit, however, we have decided to go back to live in the UK now. My questions are:
1) can we still apply through the SS route having been granted the visiting visa?
2) as she's entitled to her tax contribution when she leaves the country with a condition to give back her residency card in Morocco (country of origin) to receive the remaining 60% can we travel to the UK from Morocco having applied from Spain? And with the EEA family permit can she travel freely from the UK to Morocco on that 6 month period?
Your advice and guidance is very much appreciated.
What do you mean: "few weeks ago we applied for a family visa to revisit"? Do you mean an EEA family permit? Or do you mean that you applied for another type of family visit visa (not an EEA family permit) and have received that already?
1) You can apply through SS as long as you meet the requirements around centre of life and that the EEA citizen was working in Spain and can prove it. You will need to prove your year and a half of work by providing pay slips/contracts etc.
2) Don't know anything about this, sorry.
Actually, it doesn't matter that the non-EEA national has a visitors visa for the UK. They can still live with you there, but I would say that you need to apply for the EEA2 residence card when you get to the UK. This is an excerpt of an email that I received from the the European Operational Policy team within the Home Office a few months ago:
"In your circumstances, an Irish national in the UK exercising your Treaty Rights and holding a Residence Permit your partner may enter the UK with a apply to enter the UK with a Visit Visa under British immigration Law, and then apply to switch into European Law with the EEA2 application form. There is no Immigration or European Law specifically in place to prevent this method of entry to the UK.
The correct procedure however would be for you partner to enter the UK with the appropriate EEA Family Permit, as if they apply for a Visit Visa they will be stating to the Entry Clearance Officer and the Immigration Officer that they are planning to leave the UK at the end of the stay, and this is clearly not the case.
Yours Sincerely,
UK Visas and Immigration"
We did not do SS as I am Irish, but the above points to the fact that a visitors visa for the UK doesn't hinder applications for a residence card. If you want to confirm this, you could email:
DMCCroydon@homeoffice.gsi.gov.uk or
EuropeanOperational@homeoffice.gsi.gov.uk.
Hope this helps a bit
C
since my wife will be handling back her Spanish residency card Im scared that might disqualify her for the SS route.