Applying as EU Spouse from within the UK?

[stevesyjames]

Been two years since I posted (or needed to!), but time rolls on, new visas are needed. A bit of history first...

I am Greek, studied in UK for 4 years, working full-time for previous 2 years. Married American 2 years ago, she obtained a student visa soon after as was just about to start studies here in UK and could not deal with the fluid time constraints of EEA permits. Also, she was 19 when we married and new rules stated 21 was minimum age for EEA2 Family Permit. Student visa went through, 2 blissful years spent so far with 1 remaining on her student visa.

I want to have her student visa changed into a EU Spouse visa, without having to leave the UK. I have found this form:

http://www.ukba.homeoffice.gov.uk/partn ... inside-uk/

and have two main questions (well, three actually).

1) Is this the appropriate form my my wife's application?

2) I (perfectly legally) receive a very small amount of Working Tax Credits - does this effect her application? And if so, would stopping them first be beneficial or necessary?

3) Would my Greek National Identity card qualify as a 'Travel Document' for this purpose, or does the UKBA Require a passport? I have used the ID card for entry into UK, UK drivers license, etc. It is acceptable proof of my citizenship for all intents and purposes, but will they accept it? Greek passport is a whole other heaping mess to deal with, would rather than have to go through that first to get this visa.

Thank you for reading, and thank you in advance for any advice you may have to offer.

[Jambo]

1) Is this the appropriate form my my wife's application?

This form is for British citizens and people with Permanent Residence status in the UK. You can use this route if you have been in the UK for more than 5 years but a better option is to use the EU route as it is free (the UK route is costly). Just apply using form EEA2. More info on applying as a family member of EEA national see here.

2) I (perfectly legally) receive a very small amount of Working Tax Credits - does this effect her application? And if so, would stopping them first be beneficial or necessary?

No.

3) Would my Greek National Identity card qualify as a 'Travel Document' for this purpose, or does the UKBA Require a passport? I have used the ID card for entry into UK, UK drivers license, etc. It is acceptable proof of my citizenship for all intents and purposes, but will they accept it? Greek passport is a whole other heaping mess to deal with, would rather than have to go through that first to get this visa.

Yes.

[86ti]

There is no age limit on the EEA route. That's the route that is open to you, see here. There is no such thing as EU spouse visa or visas or permits at all on that route. What your spouse want to do is apply for a residence card (see link).

Working Tax Credits is a top-up for low incomes but if you are in genuine and effective work you are entitled to it and receiving it can not have an effect on the application. The ID card should be fine.

[Directive/2004/38/EC]

The bottom line is that you are working and married. And that has given your wife wife rights since the day you married.

You wife can presently freely choose (without any immigration status concerns) between watching TV all day, working full time, or studying.

You should apply for a Residence Card to confirm her status as spouse of an EU citizen.

She is also considered to be as-if-she-was-an-EU-citizen for the purposes of studying. Her residence time in the UK since you married may mean she qualifies or soon qualifies for reduced "local" tuition. It is worth reading through http://eumovement.wordpress.com/2010/09 ... ber-state/

[stevesyjames]

Thank you all for you input, immensely helpful and appreciated. I was slightly confused by the difference between the EEA Family Permit and the Residence Card. So am I right in understanding that my wife would not be in need of a EEA Family Permit before applying for a Residence Card? Would this be due to her current legal immigration status as a student, and subsequent residence in the UK?

Also, loving the difference between £550 application fee and £0.

[Directive/2004/38/EC]

Thank you all for you input, immensely helpful and appreciated. I was slightly confused by the difference between the EEA Family Permit and the Residence Card. So am I right in understanding that my wife would not be in need of a EEA Family Permit before applying for a Residence Card? Would this be due to her current legal immigration status as a student, and subsequent residence in the UK?

Also, loving the difference between £550 application fee and £0.

The EEA Family Permit is just an entry visa to facilitate moving to the UK and initially prove that the person can work. It is NOT at all required if the person is already in the UK.