EEA Family Permit VS Spouce Visa - Need good advice

[chursy]

Hi guys,

i am a british national currently living in dublin, Republic of Ireland and my wife is a non-eu national and we have applied for a residence card here for her, hopefully which should be here in the next month or so its been 6 months as she arrived in march 2010.

We are planning to move to UK in MAY and i have a few questions regarding this :-

1) What is the best route family permit ( valid for 6 months) and then residence Card ( vaild for 2 years) and then ILR /passport or apply for the spouse visa and apply fr ILR /passport?

2) Can i apply for a family permit for my wife and can that be used in case we want to go back and forth to UK, similar to a milti entry visit visa?

3) Provided we move to UK on a family permit , can i then apply for a spouse visa once in UK or i must only apply for a residence card?

4) Once i have the residence permit in dublin issued to her, can she travel freely in other EU state without a visa?


5) I believe there is an EU regulation which allows my spouse to enter in to UK with me without a visa? I bit reluctant to exercise it, what is the reaction of the border control authorities? has any one tried this?

Look forward to hearing from you

[vinny]

1) What is the best route family permit ( valid for 6 months) and then residence Card ( vaild for 2 years) and then ILR /passport or apply for the spouse visa and apply fr ILR /passport?

A residence card is valid for 5 years. Then permanent residence.

Alternatively, she may apply for a spouse visa. Subsequently ILR, KOL required.

The EEA route is free and perhaps easier, but currently takes longer to attain permanent residence.

2) Can i apply for a family permit for my wife and can that be used in case we want to go back and forth to UK, similar to a milti entry visit visa?

Yes. But a family permit is only valid for six months.

3) Provided we move to UK on a family permit , can i then apply for a spouse visa once in UK or i must only apply for a residence card?

No. She may apply for a residence card only.

4) Once i have the residence permit in dublin issued to her, can she travel freely in other EU state without a visa?

Yes.

5) I believe there is an EU regulation which allows my spouse to enter in to UK with me without a visa? I bit reluctant to exercise it, what is the reaction of the border control authorities? has any one tried this?

Yes. 11(4). However, being British, you may need to show that section 9 is satisfied, so that you are treated as an EEA national.

[chursy]

The spouse Visa option, suits me better because it will take shorter. My understanding is she can apply after two years fr ILT and a year later fr the british passport.

However can i apply for the family permit for now and at the end of expiry of the 6 months once i am moving to UK permanently can i apply for the spouce VISA from dublin?

I would want to go through the EU route because its free but what i gather is it absolutely takes ages firstly to get one the resident card and secondly currently it takes longer for ILT/Passport.Hence i am not too sure.



Based on the new EU directive, i do qualify the criteria you mentioned under 9, in that case should i totally avoid apply for the the family permit and just visit UK for now and when i am moving permanently to UK, perhaps i can directly apply for the spouse visa?

[vinny]

If your wife is just visiting the UK, then

However, please note, that if a family member who is travelling with, or is to join the EEA national in the UK requests a visit visa under the Immigration Rules, you should offer him (or her) the option of applying for a family permit under EC law free of charge.

When ready, she may apply for a spouse visa from Dublin.

[chursy]

If your wife is just visiting the UK, then

However, please note, that if a family member who is travelling with, or is to join the EEA national in the UK requests a visit visa under the Immigration Rules, you should offer him (or her) the option of applying for a family permit under EC law free of charge.

When ready, she may apply for a spouse visa from Dublin.

thanks a million really appreciate all your help

[chursy]

If your wife is just visiting the UK, then

However, please note, that if a family member who is travelling with, or is to join the EEA national in the UK requests a visit visa under the Immigration Rules, you should offer him (or her) the option of applying for a family permit under EC law free of charge.

When ready, she may apply for a spouse visa from Dublin.

thanks a million really appreciate all your help

Just wondering what is the processing time for the spouse visa? is it 10 days roughly?

[vinny]

Don't forget about the Maintenance and accommodation requirements.

[John]

i am a british national currently living in dublin, Republic of Ireland

In what way are you exercising Treaty Rights in Ireland? Are you employed? Self-employed? Or what?

Your non-EEA wife, what is her nationality?

[chursy]

i am a british national currently living in dublin, Republic of Ireland

In what way are you exercising Treaty Rights in Ireland? Are you employed? Self-employed? Or what?

Your non-EEA wife, what is her nationality?

John, i am employed here as a chartered accountant for the past three years.

my wife is a pakistani national.

[John]

chursy, that is fine, you are clearly exercising Treaty Rights and in an economic way, so entitled to use the Surinder Singh route.

But which way to go .... EEA route or UK immigration route? I think it comes down to how long you want it to take for your wife to be able to apply for Naturalisation as British .... 3 years or 5 years .... compared to the cost of applications .... a lot or free!

You pays your money and takes your choice.