URGENT EEA FAMILY MEMBER

[annamurphy24]

hello all
i have been in a relation with a non eea and resident in india for over 2 years now. we have tried everything to get him over here and have spend almost 4000 pounds but still no use; have gone thorough the uk immigration system but it was all in vein.
now i would like to use th eea family route i am a British citizen by birth and living in uk. i have never been to any other European country apart from holidays. so if i am correct in thinking that if i move to a European country than he can come over as my partner through eea family member is that rite and how long do i have to stay in that country before i can call him over because i would like to start my life with him and been waiting around for 2 years now.
can some one please please guide me through the process please

[Plum70]

Yep, you need to move to another EU member state and exercise treaty rights as employed or self-employed. There is no mandatory period for which you need to this for before relocating to the UK but the UKBA like to see at least 6 months.

Your non-EEA spouse may join you in that EU member state first and then apply for a EEA family permit to accompany you to the UK or apply to join you once you have returned to the UK.

[annamurphy24]

yayyyyyyyyy i am soooo happy now
few questions
1: lets say if i go to any EU state and stay there for few days than will he be able to come
2: do i have to get a job cant i just stay there and do nothing i have got enough money to support me for almost a year
3: i was thinking of flying to India and submitting hiss passport for the visa to the relevant embassy and than may be we can fly together
4: if i have to keep coming back to UK and than back to that EU state would that be OK
and last question once he get that EU states visa or id card that he is an EU citizens family member cant he than come to UK straight away
thanks for your patience

[Plum70]

yayyyyyyyyy i am soooo happy now
few questions
1: lets say if i go to any EU state and stay there for few days than will he be able to come

Technically yes but better to show that you have sufficient funds to support him (employment self-employment docs).

2: do i have to get a job cant i just stay there and do nothing i have got enough money to support me for almost a year

For this to work you need to be in employment or self-employment.

3: i was thinking of flying to India and submitting hiss passport for the visa to the relevant embassy and than may be we can fly together

Another option to consider, yes.

4: if i have to keep coming back to UK and than back to that EU state would that be OK

Provided your place of residence is in the EU country and you can show economic activity in employment or self-employment should be fine.

and last question once he get that EU states visa or id card that he is an EU citizens family member cant he than come to UK straight away

Like I said in my original post, once with you in the EU state you can then apply for an EEA Family permit from the BHC for him to accompany you to the UK. Or, armed with his passport and marriage certificate, you both can return to the UK and demand entry based on Article 5 of the EU Directive. Please read this piece if legislation before asking any more questions!

[annamurphy24]

thanks you soooooooooooooo much i am so happy and relieved now
i have read that article and will keep a copy of that.
you have been so much help i wish i could tell you how happy i am rite now.
well just for info i will go to india next week get married than we both will go to any EU states embassy to apply for his visa than once we get it than we both will go to that EU state and try and seek employment and if not than just show that we are self employed e.g like selling stuff on the streets even lol.
and than eventually returning back to uk
and my boy friend/fiancée /hubby has enough money to show in our bank accounts that we are capable of supporting ourselves

any comments are most welcome and plum thanks you soo much i am so great full to you for all your help

[annamurphy24]

i have one last question
do i have to go and live in another eu country b4 i can go to india and marry my boyfriend.
or
can i just go to india marry him than we both can come back together to that eu state.
we are planning to have a hotel booking for a month or so when we come back to any eu state.
please this is the last hurdle in my happiness.

[avjones]

Hi Anna - if you have that amount of money between you, couldn't you just apply for a spouse visa once you marry?

[annamurphy24]

thanks for your reply back
we did apply for that visa and it got rejected and now after the way i have been treated me and my boyfriend have decided not to live in UK.
so we are planning to settle in any EU state.
i have been very disappointed with UK immigration. been waiting for over 2 years and now we both have just given up and made up our minds to settle else where....
so can you please ans my question please

[annamurphy24]

any one please!!!!!!!!!!1

[avjones]

I'm confused - because you aren't married yet, you can't have been applying for a spouse visa for the last 2 years.

[annamurphy24]

thanks for your reply we are not married to each other under english law but we are married religiously. according to the laws of india we are married to each other for over 2 years now

[Guerro]

thanks for your reply we are not married to each other under english law but we are married religiously. according to the laws of india we are married to each other for over 2 years now

Here is the problem, the home office doesn't recognise your marriage and that's why they rejected the spouse visa.
It is very important that the marriage is valid according to the home office, country of both spouses and english law. If you drop one point, everything will turn upside down

[annamurphy24]

i agree with your point but that is the only way of getting married in India its registered with the Indian authorities.
and now we have decided that we are going to move to France.few questions i am leaving for India in a weeks time and will be helping my husband to apply for an eea family permit for France.
we have managed to arrange a flat for rent in France and now will be travelling from India together to France.
just few questions......
do i have to go and live in France b4 i can apply for his non eea family permit. or can we just go together to France once we get the eea family permit or visa from India.
thanks in advance for your replies

[smallpie]

i agree with your point but that is the only way of getting married in India its registered with the Indian authorities.
and now we have decided that we are going to move to France.few questions i am leaving for India in a weeks time and will be helping my husband to apply for an eea family permit for France.
we have managed to arrange a flat for rent in France and now will be travelling from India together to France.
just few questions......
do i have to go and live in France b4 i can apply for his non eea family permit. or can we just go together to France once we get the eea family permit or visa from India.
thanks in advance for your replies

i will suggest u shld try get married to him in india if u can. in a very recognise marriage place by the british high commission in india. as am sure , there will be places which the uk-office in india recognise for genuine marriage. or registry office. that way, yr partner can get spouse visa to come to uk with u. and when u get here, both of u can then plan how to relocate to other eu countries.