Marriage in Albania/ Spouse visa

[charl]

I am a British Citizen currently living with my fiance of whom is an Albanian national in Greece. We plan to get married in Jan 2010 in Albania. On a short visit back home to the Uk i contacted an Immigration solicitor to gain information regrading spouse visas so we have things in place for after our marrriage. Firstly, i will be preparing my certificate of non impediment in Albania at the British Embassy, has anybody done this before and how long exactly does the process take. Is it 21 days after giving notice, plus 21 days to wait for certificate of non impediement?

Also the solicitor advised me to move back to the Uk permenately and get a job in order to demonstrate 3 months work and income. It is ok to live with parents if house is suitable size. I am a chartered physiotherapist but finding it very diificult to secure work in this area. I've been informed a job that leaves me with 400£ after expenses is adequate to support my fiance. Has anybody been in this posotion and can give me any advice?? Thanks.

[Mr Rusty]

How long have you been living in Greece?
Have you been working there?
Have you got any form of residence permit from the Greek authorities?

The reason for these questions is that if you can show that you have been "exercising your treaty rights" in another EEA country, you should consider getting married and living for a few more months in Greece. Your wife could then apply for an EEA Family Permit to accompany you to the UK. It's free, and the requirements are a lot less rigorous than applying for a spouse visa under UK Immigration Rules.

Have a look at this info, with particular reference to Para 2.5.1

http://www.ind.homeoffice.gov.uk/siteco ... iew=Binary

If the solicitor you consulted didn't mention this possibility to you, I advise you to get another solicitor.

[charl]

How long have you been living in Greece?
Have you been working there?
Have you got any form of residence permit from the Greek authorities?

The reason for these questions is that if you can show that you have been "exercising your treaty rights" in another EEA country, you should consider getting married and living for a few more months in Greece. Your wife could then apply for an EEA Family Permit to accompany you to the UK. It's free, and the requirements are a lot less rigorous than applying for a spouse visa under UK Immigration Rules.

Have a look at this info, with particular reference to Para 2.5.1

http://www.ind.homeoffice.gov.uk/siteco ... iew=Binary

If the solicitor you consulted didn't mention this possibility to you, I advise you to get another solicitor.

Firstly thank you very much for your quick reply offering some new and interesting information that has not been given to me by the solicitor. I have been living in greece since June 2008 but did not start working until May 2009. Although i have documentation from the Government in Greece to say i have been working in tourism industry i am wondering whether this constitues casual work and thus would not satisfy EEA permit requirements. My fiance is also an Albanian passport holder and apart from a valid Green Card holds no other forms i.e. greek nationality. Does this permit mean that we would be able to move over to the UK together and that i would not have to establish myslef here first and he follow? Obviously i would have to marry in greece rather than Albania which could be arranged. Again many thanks

[Mr Rusty]

Casual work is an adequate qualification under EEA regulations. If you've been working since May this year, and you can show that you have known your fiance for a while (so there's no question of a "marriage of convenience"), all you have to do is get married and submit an application for an EEA Family Permit. This will be valid for 6 months, and he can apply for a Residence Card (5 years) once you've got established in the UK.

[charl]

Casual work is an adequate qualification under EEA regulations. If you've been working since May this year, and you can show that you have known your fiance for a while (so there's no question of a "marriage of convenience"), all you have to do is get married and submit an application for an EEA Family Permit. This will be valid for 6 months, and he can apply for a Residence Card (5 years) once you've got established in the UK.

I can obtain evidence to show that i have known my fiance for a considerable amount of time. Would any marriage have to take place in Greece? Also, as i was in seasonal employment from May-Oct (i have insurance papers to prove this), i am now unemployed. Would this mean i have to get another job in Greece before proceeding with an application?

[Mr Rusty]

If you can show you're still looking for work, you qualify as a "jobseeker".