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EU citizen wife's in UK - how to ? help

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maxxnyc
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EU citizen wife's in UK - how to ? help

Post by maxxnyc » Sun Oct 18, 2009 4:38 pm

Hi everybody, i get married with chinese woman in US. We both have visa but soon our visas will expire. She is a China citizen, i dont wanna move to china.
I am originally from Poland, and we cant move there together, because according to polish law she has to married for more than 3 years.
We are both speaking english so we start thinking about UK. Im an EU citizen and i can move there without any visa and any problems. But what about her ? What we suppose to do to live together ?
Your suggestions will be greatly appreciated.

Sebastian

meats
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Re: EU citizen wife's in UK - how to ? help

Post by meats » Sun Oct 18, 2009 4:47 pm

maxxnyc wrote:Hi everybody, i get married with chinese woman in US. We both have visa but soon our visas will expire. She is a China citizen, i dont wanna move to china.
I am originally from Poland, and we cant move there together, because according to polish law she has to married for more than 3 years.
We are both speaking english so we start thinking about UK. Im an EU citizen and i can move there without any visa and any problems. But what about her ? What we suppose to do to live together ?
Your suggestions will be greatly appreciated.

Sebastian
You will need to be exercising treaty rights in the UK before you can bring her over here via the EEA route, ie working for 6 months or studying.

Are you sure about the 3 year marriage rule in Poland? That a Polish national cannot bring his non-EU wife to Poland unless they've been married for 3 years? Sounds a bit daft to me.

Wanderer
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Re: EU citizen wife's in UK - how to ? help

Post by Wanderer » Sun Oct 18, 2009 7:48 pm

meats wrote:
maxxnyc wrote:Hi everybody, i get married with chinese woman in US. We both have visa but soon our visas will expire. She is a China citizen, i dont wanna move to china.
I am originally from Poland, and we cant move there together, because according to polish law she has to married for more than 3 years.
We are both speaking english so we start thinking about UK. Im an EU citizen and i can move there without any visa and any problems. But what about her ? What we suppose to do to live together ?
Your suggestions will be greatly appreciated.

Sebastian
You will need to be exercising treaty rights in the UK before you can bring her over here via the EEA route, ie working for 6 months or studying.
Not if they are married, as they appear to be.
An chéad stad eile Stáisiún Uí Chonghaile....

John
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Location: Birmingham, England
United Kingdom

Post by John » Sun Oct 18, 2009 7:55 pm

Wanderer, I totally agree, and indeed the EU Directive states that it is OK as long as the EEA citizen plans to start exercising their Treaty Rights (not just visiting) within 3 months of arriving in the UK.

maxxnyc, your wife needs to apply for an EEA Family Permit. But her US visa, what sort of visa is that? Just a visitor visa? Or something else? What sort of visa?

Just wondering if a British Consulate in the US would entertain an application for the EEA Family Permit, or whether she might need to go back to China to apply for that?
John

Mr Rusty
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Post by Mr Rusty » Mon Oct 19, 2009 7:38 am

John wrote:Wanderer, I totally agree, and indeed the EU Directive states that it is OK as long as the EEA citizen plans to start exercising their Treaty Rights (not just visiting) within 3 months of arriving in the UK.

maxxnyc, your wife needs to apply for an EEA Family Permit. But her US visa, what sort of visa is that? Just a visitor visa? Or something else? What sort of visa?

Just wondering if a British Consulate in the US would entertain an application for the EEA Family Permit, or whether she might need to go back to China to apply for that?
Such is the deference accorded to anything under EU Legislation, I would be willing to bet she can apply anywhere. It is not a visa application. In any case, she has literally nothing to lose, as the Family Permit application is free of charge.

86ti
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Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Mon Oct 19, 2009 8:30 am

Mr Rusty wrote:II would be willing to bet she can apply anywhere.
You would win the bet, see the UK Visas web page.

mourad
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Posts: 62
Joined: Sat Jun 13, 2009 2:45 pm

Re: EU citizen wife's in UK - how to ? help

Post by mourad » Tue Oct 20, 2009 9:49 am

maxxnyc wrote:Hi everybody, i get married with chinese woman in US. We both have visa but soon our visas will expire. She is a China citizen, i dont wanna move to china.
I am originally from Poland, and we cant move there together, because according to polish law she has to married for more than 3 years.
We are both speaking english so we start thinking about UK. Im an EU citizen and i can move there without any visa and any problems. But what about her ? What we suppose to do to live together ?
Your suggestions will be greatly appreciated.

Sebastian
sebastian the 3 years rule law you`re talking about is for claiming polish citizenship .i`m sure if you aproach the polish consulates in the US they will confirme what i said and help you.

maxxnyc
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Joined: Sun Oct 18, 2009 4:35 pm

Post by maxxnyc » Fri Oct 23, 2009 4:19 am

Thank you every one for your answers. I really appreciate that.
My wife and me have J-1 visas.

I will try to contact polish consulate in NY and ask them about this law. Coz when i was reading those websites it was sooooo confusing.
Hope everything will work, coz we wanna be together and it would be really rough to live divided.

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