EU national (Italy) soon to marry American - options

[mobster75]

I'm a dual national (US & Italy) and I've been considering the possibility of moving to the UK in 3 or 4 years time. Naturally, I'd like to know what the possibilities are..

I assume that as an EU national, I have the right to live and work in the UK w/o a visa. (If I'm wrong, let me know) But what are the limits on my rights in the UK?

The second part of this is my fiance is just American. By the time any potential move would come up she'd be my wife. As a non-EU spouse to an EU national, what (if any) rights does she have to reside/work in the UK? What will it take for paperwork w/ the UK embassy?

We've been talking and as much as I'd like to move someday to Italy to live, I need to compromise w/ her and it would be much easier for her to transition to the UK than Italy directly - although the laws on spousal rights in Italy is more blunt (if the marriage is legally registered in Italy through the consulate, she automatically has the right to live/work in Italy). But being in the UK gives me closer access to Italy for taking trips to visit family, etc than from the US.

Thanks in advance for any advice!

Her only interaction w/ the UK is a few trips transitioning through Heathrow with me and I've visited London a few times to see family so I know a bit what to expect.

[JAJ]

I'm a dual national (US & Italy) and I've been considering the possibility of moving to the UK in 3 or 4 years time. Naturally, I'd like to know what the possibilities are..

I assume that as an EU national, I have the right to live and work in the UK w/o a visa. (If I'm wrong, let me know) But what are the limits on my rights in the UK?

Until you get permanent residence in the UK your right to live there as an Italian is conditional on you "exercising Treaty rights". Working is one way but there are others.

After 5 years you then become entitled to permanent resident status. This gives you some extra rights, such as the ability to claim certain social benefits. It also means that children born in the UK to you could be British citizens.

For full civil rights in the UK (eg voting, immunity from deportation and a British passport), you would need to become naturalised British. For those not married to British citizens, this is be possible 12 months after obtaining permanent resident status. Effectively 6 years after arrival.

The second part of this is my fiance is just American. By the time any potential move would come up she'd be my wife. As a non-EU spouse to an EU national, what (if any) rights does she have to reside/work in the UK? What will it take for paperwork w/ the UK embassy?

You could sponsor her for an EEA Family Permit. http://www.ukvisas.gov.uk has details.

She would be able to get permanent residence and citizenship subsequently at the same time as you.

Incidentally, after 3 years of marriage to you she may be eligible for Italian citizenship herself on that basis.

[mobster75]

JAJ,

Thanks for the info! I am aware that she would qualify for Italian citizenship after 3 years - however, I'm not sure I could get her to go along w/ moving to Italy (at least anytime soon). We just came back from 10 days in Italy so she could meet my relatives there and travel around and get a feel for Italy. While she loved the food and the people and just about everything else - I don't think she's quite ready to pack up and live "La Dolce Vita"...

However, she asked what about maybe considering a move to the UK as she's more open to the idea. I don't have a problem w/ it especially since I'd prefer live to (almost) anywhere in Europe than in the US longterm. But I know the UK is more of a conditional participant in the EU than most of the mainland countries (for example not wanting to flip to the Euro from the GBP) so I don't know how big the hurdles would be to be able to settle down and work: for myself and my soon-to-be wife.

Here's the thing.. I don't really think I'd want UK citizenship (who knows? maybe after being there for several years I might).. Obviously I need to work (I'm 30 and work as an audio conferencing engineer with a US bachelor's degree w/ high honors in business and IT and looking to start a family soon after being married - prior to any potential move). But what am I entitled to as an EU national (if memory serves me, this is conditioned by the Maastricht Treaty from '92 correct?) - particular concerns are maintaining an indefinite residency, permission to work, and options for health care coverage (50% resp in the US, 5% resp in Italy).
And then, for my wife, as a US citizen married to me what would be required for her to be able to reside/work legally in the UK? Any time requiring me to reside/work in the UK while she waits in the US really isn't an option (just fyi).

If I'm out of luck based on the above then thats OK. I just want to know what the deal is before I start trying to make any rudimentary plans..

Thanks everyone!

[mobster75]

Oh Btw, thank you for the link to ukvisas! I'll be sure to get as much info as possible from there. Thank you!

[JAJ]

Thanks for the info! I am aware that she would qualify for Italian citizenship after 3 years - however, I'm not sure I could get her to go along w/ moving to Italy (at least anytime soon).

AIUI it's 3 years of marriage, but no residence requirement.
http://en.wikipedia.org/wiki/Italian_nationality_law

However, she asked what about maybe considering a move to the UK as she's more open to the idea. I don't have a problem w/ it especially since I'd prefer live to (almost) anywhere in Europe than in the US longterm. But I know the UK is more of a conditional participant in the EU than most of the mainland countries (for example not wanting to flip to the Euro from the GBP) so I don't know how big the hurdles would be to be able to settle down and work

The fact the United Kingdom has chosen to keep its own currency does not have any impact on your EU/EEA Treaty rights in the UK.

Here's the thing.. I don't really think I'd want UK citizenship (who knows? maybe after being there for several years I might).. Obviously I need to work (I'm 30 and work as an audio conferencing engineer with a US bachelor's degree w/ high honors in business and IT and looking to start a family soon after being married - prior to any potential move). But what am I entitled to as an EU national (if memory serves me, this is conditioned by the Maastricht Treaty from '92 correct?) - particular concerns are maintaining an indefinite residency, permission to work, and options for health care coverage (50% resp in the US, 5% resp in Italy).

Italians have been able to live freely in the UK since 1973.

As an Italian citizen living in the UK, day to day you are entitled to most of the rights of a British citizen. You'll be able to work, further your education (although possibly subject to overseas fees for the first 3 years), use the National Health Service and send your children to government schools.

You will also be able to vote in local and "European" elections.

However, until you get permanent residence (normally automatic after 5 years):
- you will not be able to access certain social benefits
- children born in the UK will not be British citizens (they can be registered as British once you get permanent residence)

Naturalisation as British gives you full citizenship, voting and passport rights. Up to you as to whether you would want to take that step, but it would be natural if you settled in the UK and saw the United Kingdom as your home. Your children would probably have a strong British identity if growing up in the UK and when older they might well want to have the same nationality as their friends.

Regarding your degree you may want to visit the NARIC website which deals with foreign education equivalence: http://www.naric.ac.uk

And then, for my wife, as a US citizen married to me what would be required for her to be able to reside/work legally in the UK? Any time requiring me to reside/work in the UK while she waits in the US really isn't an option (just fyi).

EEA Family Permit. See the UK visas website for detail on the process of sponsoring for this and whether you need to be already in the UK.

If she gets an Italian passport based on marriage, she won't need the permit.