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Which visa to file?

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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nippbit
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Posts: 8
Joined: Tue May 05, 2009 7:24 pm

Which visa to file?

Post by nippbit » Tue May 05, 2009 7:40 pm

Hey,

I have an interesting problem, and one that I'm sure has popped up on the message board before(but a search turned up nothing). I am from the US and my wife is from Germany and we recently got married. Even more recently, I was offered a job in London and so now we are looking at moving over there.

Since he is an EEA national, does that mean that I can go over there without too many problems? Which forms do I fill out and how long can we expect the process to take?

I read this from the website.
You must show that:
you are legally married to each other or are in a civil partnership recognised in the UK
your husband, wife or civil partner is present and settled in the UK (see the next section)
you both intend to live together permanently as husband and wife or as civil partners
you have met each other before
you can support yourselves and any dependants without any help from public funds
you have suitable accommodation, which is owned or lived in only by you and your household, and where you and your dependants can live without any help from public funds
your husband, wife or civil partner is not under 21, and
you are not under 21.
We qualify, with the exception of the "present and settled" part, which it goes on saying:
What does 'present and settled' mean?
‘Settled’ means being allowed to live in the UK lawfully, with no time limit on your stay. 'Present and settled' means that the person concerned is settled in the UK and, at the time we are considering your application under the Immigration Rules, is in the UK or is coming here with you, or to join you and plans to live with you in the UK if your application is successful.
Which is kinda strange, considering "settled" doesn't mean you have to be there, but just have the right to be there. Am I reading this correctly?

Here it also mentions an application, but it doesn't tell me which one! Any ideas?

Thanks in advance!

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

Post by vinny » Wed May 06, 2009 12:34 pm

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.

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Wed May 06, 2009 12:57 pm

nippbit, As vinny says you can apply under the European rules (specifically Directive 2004/38/EC) for an EEA family permit. You can work immediately on arrival with it. You do not need to show funds or a place to live. You need to prove that you are married to an EU citizen. Free and easy.

Note that long term your EU spouse will have to be working or looking for work or self sufficient. The self-sufficiency can be through your income.

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