EEA + non EEA partner from the Netherlands. OK for the UK?

[rcrist]

Hello everyone,

I'm an Italian citizen living and working in the Netherlands. Dutch legislation allows partners of EEA members (married or not, doesn't matter) to obtain a working visa immediately.

I have a Japanese partner. She is in possession of an NL 5 years working Visa, I'm her sponsor. It took 1 day and a 30 euro fee, she could work a week after she arrived... We've been living here for 2 years.

Now, to make a long story short, my company has proposed me a new job in London and I have to decide soon. My questions:

- Is the visa she's currently holding an advantage if she wants to apply for a UK - EEA partnership one?

- would it be easier if I married her?

- if so and we get married here (Amsterdam) moving just after, would it be an issue

- any suggestions recommendations to make it easy?

- Do Japanese passport holders have any advantages in the UK? (they do in Holland)

I'm quite concerned about the whole situation, as it seems cumbersome to get a normal life as partners in the UK...

Thanks in advance for your help!

Regards,

Akira

[86ti]

- Is the visa she's currently holding an advantage if she wants to apply for a UK - EEA partnership one?

No.

- would it be easier if I married her?

Possibly. She wouldn't be an extended family member and would have the right to work immediately.

- if so and we get married here (Amsterdam) moving just after, would it be an issue

Maybe. UK embassies do check for marriages of convenience.

- any suggestions recommendations to make it easy?

Show evidence of your relationship.

- Do Japanese passport holders have any advantages in the UK? (they do in Holland)

What advantages do they have in NL? She could, in principle at least, enter the UK visa free for six months as a visitor but formally she is required to obtain an EEA family permit (assuming obviously that she is either accepted as your partner or wife after you had married). The EEA FP is the entry clearance needed for family members to enter the UK.

[rcrist]

Thanks 86ti

rcrist wrote:
- would it be easier if I married her?

Possibly. She wouldn't be an extended family member and would have the right to work immediately.

according to the following link, for unmarried partners

http://www.spammer.com/uk/family-per ... rried.aspx

Conditions of the Permit

* An EEA Family Permit would in this instance usually be issued for 6 months and allows unrestricted employment in the UK for the duration. In the course of those 6 months it is expected the EU citizen applies for a Residency Permit (if not already held) and their partner applies at the same time for an EEA Family Permit.

Anyhow, for marriages of convenience (not my case fortunately...)

(...)

When a marriage/civil partnership of convenience is suspected, the burden of proof is high and rests with the ECO. However, in these cases the ECO is entitled to interview the applicant. Factors to consider include:

* an adverse immigration history;
* doubts about the validity of documentation;
* application follows soon after the marriage/civil partnership;
* no previous evidence of the relationship.

The ECO should not consider the following cases as marriages/civil partnerships of convenience where:

* there is a child of the relationship;
* there is evidence to suggest cohabitation.

(...)

in my case, i can prove we lived 2 years together in the Netherlands. Do you think its enough?

UK embassies check it out, right? Should we perhaps obtain some documents at the UK embassy in The Hague, certifying our partnership before we leave?

What advantages do they have in NL?

When we had the interview together at IND in A'dam, they said that Japanese passports are well accepted, like American or Canadian ones. I didn't ask why, that wasn't my focus at the moment, but your question is definitely a good one...

[Ben]

When we had the interview together at IND in A'dam, they said that Japanese passports are well accepted, like American or Canadian ones. I didn't ask why, that wasn't my focus at the moment, but your question is definitely a good one...

I'd like like to know precisely what they meant by this.

[86ti]

An EEA Family Permit would in this instance usually be issued for 6 months and allows unrestricted employment in the UK for the duration. In the course of those 6 months it is expected the EU citizen applies for a Residency Permit (if not already held) and their partner applies at the same time for an EEA Family Permit.

Ouch! Those guys need to work on this a little bit...

The EEA national can (if really wanted) apply for a residence certificate. The non-EEA would be applying (just as optional but recommended) for a residence card. Unmarried partners are so-called extended partners that is their family relationship must be established first.

Better get such info from the source http://www.ukba.homeoffice.gov.uk/eucit ... ropeanlaw/ in particular the 'European Casework Instructions' (link somewhere on the right bottom).

UK embassies check it out, right? Should we perhaps obtain some documents at the UK embassy in The Hague, certifying our partnership before we leave?

I don't quite see how that would help. If you want to apply under "durable relationship" show evidence for the two years of your partnership. If you are already married then do the same just to make sure your marriage wouldn't be seen the wrong way.

[Rozen]

When we had the interview together at IND in A'dam, they said that Japanese passports are well accepted, like American or Canadian ones....

I'd like like to know precisely what they meant by this.

I would like to think that the Amsterdam IND officer was just expressing his/her own personal opinion!
I'm from neither of these countries, and my passport and documents were certainly not treated as 'suspect' when I applied.
Still, quite a stupid statement (in my opinion!)