Sweden Citizen, Australian Spouse

[ausinuk]

Hi,

My partner is swedish national with EU rights and i am australian. We met over 18 months ago in london and we currently live here. Our plan is to go and get our marriage registered in Sweden in April and i have obtained a 'no previous marriage' certificate from Australia to satisfy their requirements. I came to Uk using the holiday working visa and now under the HSMP program which requires extension in June-09.

After our marriage our intention is to establish our base for the next few years in London and not reside in Sweden just at the moment. She is allowed to work here as she is an EU citizen but i will be a dependant in Sweden. Does that still allow me to work in UK after June 09? I have heard conflicting stories which has got me concerned as i need to be working if we are here after June 09. Does it also give me working rights anywhere else in the EU?

Thanks

Nick

[mym]

Your HSMP ceases to be the basis of your immigration status in the UK the moment you are married to an EEA Citizen exercising treaty rights in the UK. From that moment, and for the next five years, your status is determined under the EEA Regulations not the Immigration Rules. You have the right to live and work in the UK (as long as you remain married).

Once back in the UK you can apply for a 5 year Residence Permit (should you want one, it only confirms your right of residence, it does not grant it). This has some practical benefits, as employers often like some extra item of proof that you are allowed to work - and simplifies the process of re-entering the UK after trips abroad. The Home Office has no discretion about granting the spouse of an EEA citizen a Residence Permit regardless of the immigration status under which you were admitted to the UK before the marriage.

After five years you can apply for Permanent Residence in your own right, after which point it can be lost only through absence from the United Kingdom for a period exceeding two consecutive years.

Similar conditions to the above will also apply in any EU country where your partner exercises treaty rights.

[Christophe]

Your HSMP ceases to be the basis of your immigration status in the UK the moment you are married to an EEA Citizen exercising treaty rights in the UK. From that moment, and for the next five years, your status is determined under the EEA Regulations not the Immigration Rules.

I don't think that that has to be the case, though, if the person qualifies under the British immigration laws and chooses to exercise that "qualification". Which would be more advantageous to the person is a different question and depends on all the circumstances.

[Directive/2004/38/EC]

If you are married to a Swedish citizen, you have a near absolute right to travel with them and live with them and work anywhere they live/work in the EU. You may have to take care of some formalities, but they are usually very straight forward.

Read all about Directive 2004/38/EC which all EU member states must implement.

[mym]

Your HSMP ceases to be the basis of your immigration status in the UK the moment you are married to an EEA Citizen exercising treaty rights in the UK. From that moment, and for the next five years, your status is determined under the EEA Regulations not the Immigration Rules.

I don't think that that has to be the case, though, if the person qualifies under the British immigration laws and chooses to exercise that "qualification". Which would be more advantageous to the person is a different question and depends on all the circumstances.

You cannot choose not to be a spouse of an EEA Citizen (other than by divorce or murder of course) and the state cannot refuse to accord you the rights that flow from that.

[Directive/2004/38/EC]

You cannot choose not to be a spouse of an EEA Citizen (other than by divorce or murder of course) and the state cannot refuse to accord you the rights that flow from that.

Agreed. But I can choose to use national law or I can choose to use european law, and will likely go with whichever is most in my favour. Once I have chosen one route, I may or may not have to make an explicit decision to change to the other.

[Christophe]

You cannot choose not to be a spouse of an EEA Citizen (other than by divorce or murder of course) and the state cannot refuse to accord you the rights that flow from that.

Agreed. But I can choose to use national law or I can choose to use european law, and will likely go with whichever is most in my favour. Once I have chosen one route, I may or may not have to make an explicit decision to change to the other.

That was the point I was making. So the OP might want to explore both options, if he has more than one.