Fastest spouse visa (EEA - non-EEA) in Europe

[kenyan]

Hello,

I am a german citizen residing currently in the UK and married to a kenyan woman. As the EEA family permit for the UK was refused (genuine marriage..., etc), I would like to move into another european country where the process of receiving a spouse visa is fast without language tests or work handicaps.

Thank you.

[sakura]

How long have you lived in the UK? What was the wording of the refusal? Would you not want to appeal or submit another application before moving to another country (and possibly facing the same problems)?

[kenyan]

There will be no appeal or another application to the UK.
Therefore my question is about other countries like, Switzerland, Spain, Portugal, Bulgaria, Greece... For Ireland I was informed 4-6 weeks now.
Although I guess she is not allowed to work or study then directly (waiting for residence card takes up to 6 months ?).

[sakura]

Maybe this will help: http://www.immigrationboards.com/viewtopic.php?t=24281

http://www.immigrationboards.com/viewtopic.php?t=25181

http://www.immigrationboards.com/viewtopic.php?t=22748

My point is that if you feel settled in the UK, then you should try another application rather than feel the need to move to another country. You would have to set up residency there before applying, which is a few months, isn't it? Since the application is free I would think that another application would be a better and faster option.

The UK is also one of the better countries in applying the European directive. If you are considering Ireland, I suggest you do a thorough read of the Ireland Immigration Forum, as their implementation is very extreme and illegal, and you would probably be rejected there too. Many cases already have been rejected, as you will see.

For some countries you would first need a visit visa before making the application for long-stay (this is the system in France, for example).

None of the EEA countries should have any requirements such as language tests or on working or studying rights, so the application would generally be the same in any country. If the UK rejected you (why?), won't you face the same problem elsewhere?

Alternatively, you can opt to return to your home country, where you can use either the national immigration route, or the European immigration route, which I believe you should qualify for.

[kenyan]

I am residing in a EU country the first day I am setting foot on it. http://eumovement.wordpress.com/2007/06 ... -question/
Also according to my information a job contract for that country is enough reason that I would reside with my wife there. There is no minimum residency. Germany has a language test and several others too.

So still my question is, how long does it take for other countries ?

[mym]

So still my question is, how long does it take for other
countries ?

And the answer is: "it depends". Are you sure you know what you are asking about?

I notice in your original posting you say you want somewhere where "the process of receiving a spouse visa is fast without language tests or work handicaps". That does *not* describe EEAFP applications to the UK. An EEAFP is not a Spouse Visa, the UK cannot require a language test for it, and once your wife was in the UK (as the spouse of an EEA citizen) she could work immediately with no need for any other paperwork.

Why did the UK reject your wife? EEAFP rejections are very rare. Is it because they regarded it as a "Marriage of Convenience"? If so you will face the same problem everywhere else.

[sakura]

As stated before, no EEA country can have a language or other requirement for the European directive. Germany's law only applies if you use the German immigration rules, not the European directive. If they or anyone tells you otherwise, that is illegal and should be challenged immediately. What is happening in Ireland will (hopefully soon) likely go to the European courts, as their reading of the directive is illegal.

I never meant you needed to qualify for residency per se...

As for how long it takes - it might well depend on which country. As you are applying from outside the EEA area, I think that it might take the usual national time for the visa to be issued, as I haven't seen any rule on processing times from outside the EEA area. Someone else can clarify though.

[mym]

As you are applying from outside the EEA area, I think that it might take the usual national time for the visa to be issued, as I haven't seen any rule on processing times from outside the EEA area. Someone else can clarify though.

Applying from *outside* the EEA means that the requirements of national legislation apply, not those of the directive.

In fact the example case given in the UK guidance to ECOs is almost exactly the same as the OP here:

"Example 4. The Nigerian wife of a German national, who lives in Nigeria. The wife applies for an EEA family permit to join her German husband who is working in the UK. We should only issue an EEA family permit if the spouse would meet the requirements in the immigration rules for leave to enter the UK"

[sakura]

As you are applying from outside the EEA area, I think that it might take the usual national time for the visa to be issued, as I haven't seen any rule on processing times from outside the EEA area. Someone else can clarify though.

Applying from *outside* the EEA means that the requirements of national legislation apply, not those of the directive.

In fact the example case given in the UK guidance to ECOs is almost exactly the same as the OP here:

"Example 4. The Nigerian wife of a German national, who lives in Nigeria. The wife applies for an EEA family permit to join her German husband who is working in the UK. We should only issue an EEA family permit if the spouse would meet the requirements in the immigration rules for leave to enter the UK"

Yes, this is exactly what I meant.

[Directive/2004/38/EC]

I am a german citizen residing currently in the UK and married to a kenyan woman. As the EEA family permit for the UK was refused (genuine marriage..., etc), I would like to move into another european country where the process of receiving a spouse visa is fast without language tests or work handicaps.

Where is your wife currently residing? Are you working in the UK?

If you can provide some details, including about why the UK government refused, it may be easier for people to suggest fast and easy alternatives.