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non-eea spouse rights in the uk?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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bunny80
Junior Member
Posts: 69
Joined: Mon Aug 06, 2007 1:28 pm

non-eea spouse rights in the uk?

Post by bunny80 » Fri Sep 05, 2008 7:42 pm

i am an EEA national and i've been living in the UK for the last 6 months as self-sufficient( don't have a residency permit , i was told i didn't need one). if i marry my american sweetheart in denmark (where marriage is more or less vegas style, you only need a 90 days schengen visa) what does she need after that in order to come back with me to the uk(in the following weeks or days)? would i need a residency permit? what would she need for the short term or the long term? would she need to go back to the US at any point?

thank you.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sat Sep 06, 2008 1:26 am

After marriage, she may apply for an EEA family permit and subsequently, when in the UK, apply under European Law.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

bunny80
Junior Member
Posts: 69
Joined: Mon Aug 06, 2007 1:28 pm

Post by bunny80 » Sat Sep 06, 2008 8:15 am

vinny wrote:After marriage, she may apply for an EEA family permit and subsequently, when in the UK, apply under European Law.
so can we go to any uk visa place to get her permit after we get married or does she need to ge it from the US (she'll be in the schengen area on a 90 days visa as an american tourist)? how long does it take to get the permit ? do i need a uk residency permit for her to get hers ? i do have proof of living in the uk like bills and rental agreements plus bank statement/private healthcare but i don't have a residency permit.

i just don't understand, sorry, maybe i'm a bit thick :?

the lawyer i saw told me we would only need to show the marriage certificate to get into the uk and she would need the permit only when travelling alone.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sat Sep 06, 2008 9:23 am

How do my family members apply for an EEA family permit? wrote:They can apply for the EEA Family Permit at any British mission overseas that offers a full service visa-issuing office. If they are applying for an EEA family permit from within the EEA, they will need to show that they are lawfully resident in an EEA member state.
21.4.1 - Handling and assessing applications for EEA family permits wrote:The non-EEA national could equally have entered the country in some other category (visitor, student etc) and would still be considered as lawfully resident in that Member State. For example, an Indian national married to a French national, who had obtained a visa to enter France as either the spouse of the French national or in some other category (as a visitor, student or work permit holder etc), would be considered 'lawfully resident' in France, if, at the time of application, they were abiding fully by the conditions of that visa.
Those with valid Schengen visas would be considered lawfully resident in all Schengen states. If there are cases where you are not sure whether an applicant can be considered as lawfully resident, please refer the details to ECO Support.
You may also have to show that your marriage is not a “marriage of convenienceâ€
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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