EEA and non-EEA, living and working in the UK, EEA1/2

[jungc]

Hi all,

I hope some people are going to be able to help me. Most places (Home Office, Consulates,...) were not very helpful or had no clue what they were talking about.

My situation is the following. I am an EEA national (German) currently living and working in the UK. I am hence exercising treaty rights.

I want to get married to a non-EEA (mexican). We have successfully applied for an entry clearance for a fiancée visa. We have therefore the right to marry within the next 6 months.

After getting married we both want to live and work in the UK. Correct me if I am wrong, all we have to do after the wedding is to apply for a residence permit (both of us) through filling in the forms EEA1 (for me) and EEA2 (for my wife). Once we received the residence permit we will have proof of our rights within the UK.

So, here come my questions:

* From what point onwards is my wife going to be able to work legally in the UK. Is it:
1. right after getting married?
2. while applying for the residence permit?
3. after receiving the residence permit?
* Will we, and more specifically my wife, be able to travel while we are still applying for the residence permit? We will have to hand in our passports for the application.
* If my wife will be able to work/travel, how is she going to prove her rights to her future employers/immigration officers?
* After getting married, is the entry clearance for a fiancée visa going to be void? If so, is it going to be marked with a stamp on the entry clearance in the passport?
* Finally, how long does it usually take before receiving the entry clearance? I understand that the EU set a maximum of 6 months on the length such applications can take. Is that the length of time it will actually take?

I will be very greatful for any questions answered.

[noddy214]

Hi There,

My query is relatively similar to yours and I have had a few excellent responses. May be you want to have a look. The subject is: EU National marrying Indian Citzen on HSMP Visa-Both in UK

Noddy

[JAJ]

My situation is the following. I am an EEA national (German) currently living and working in the UK. I am hence exercising treaty rights.

How long have you lived in the UK?

[jungc]

I have been in the UK for over 6 years. I was a student for 5 years and in employment for 1.

Does the length of my stay change the immigration rules? I believed that, as long as I am exercising treaty rights, I have certain rights in tthe UK and therefore my wife can gain some of these rights as well.

[Marco 72]

Hi,

my situation is rather similar to yours. I am Italian, married to a US citizen who moved here last year. The only difference is that we got married in the States.

How long have you been living/working in the UK? If it's been longer than 5 years you are eligible for Indefinite Leave to Remain, and you can send in form EEA3 as well. This will probably take a bit longer to be processed than EEA1.

You do not have to hand in your passports for the application. It's ok to send in certified copies of them (make sure to have every single page copied and certified). I strongly recommend this. The IND will let you know at the very last moment when they need the originals.

Unfortunately I am not sure when your wife will be legally allowed to work. We got married outside the UK, then my wife got an EEA family permit in her passport, valid for six months, from the British Consulate in Los Angeles. During those six months she applied for, and was granted, a 5 year residence permit as the family member of an EEA national. She was able to work right away. However, I am not sure what the rules are when you get married inside the UK. Last year this wasn't even allowed, this is why we had to get married in the US. My guess is that she should be able to work right away, as the wife of an EEA national. The residence permit should be a recognition of a right which she already has, just like when you apply for a residence permit for yourself.

Regarding your last question, on "entry clearance". Do you mean the residence permit, or the original EEA family permit? My wife got entry clearance (EEA family permit valid for six months) in the US just after we got married, it took just one day. The actual residence permit can take a few months. For us it took 3-4 months last year, but judging from some posts in this forum, it is now taking longer, perhaps even longer than six months. The EU set a maximum of six months for the length of such an application, but an EU directive is not a law in this country, so the Home Office is not bound by it (although in theory the UK may face sacnctions if it does not implement it).

[Marco 72]

I posted my previous message before reading your reply to JAJ. Since you have been here longer than 5 years, you can apply for ILR (form EEA3) immediately. Be aware that this will lengthen your application process, though. In my case, our 5 year permits were ready by mid November last year, but we had to wait until mid December to be informed by the IND, since they were still considering my ILR application. However, it wasn't too much of a problem for us to be without our passports for a month.

[JAJ]

I have been in the UK for over 6 years. I was a student for 5 years and in employment for 1.

Does the length of my stay change the immigration rules? I believed that, as long as I am exercising treaty rights, I have certain rights in tthe UK and therefore my wife can gain some of these rights as well.

As you have exercised Treaty Rights for over 6 years, you automatically became a Permanent Resident on 30 April 2006. This means the following:

- you should be able to sponsor under the Immigration Rules if you wish. This is more expensive but it means your partner should get permanent residence after 2 years on a spouse visa, not five years on an EEA Family Permit.

- it is advisable to use form EEA3 to obtain proof of your permanent resident status.

- Should you have children born in the UK, now that you are a Permanent Resident the children will automatically be British citizens. However the Passport Office may not understand these rules, so when the time comes you should get a letter from the Home Office Immigration and Nationality Directorate confirming your children's British citizenship.

- In May 2007 you will be eligible yourself to apply for Naturalisation as a British citizen. You will be able to retain German citizenship provided you obtain permission to naturalise beforehand (Beibehaltunsgehnehmigung)

[jungc]

JAJ, thank you so much. This pretty much answered my questions or removed my doubts!!!