Spousal Visa Application

[richomondo]

I'm an American citizen engaged to a British citizen. We are both living and working in the Czech Republic currently, and once we're married in June 2013 we plan to relocate to the United Kingdom.

We've been looking into the spousal visa application process, but we're a bit overloaded with information, so a very big thank you in advance for taking time to offer help/clarification to us.

We will not likely be able to meet the new income requirement for the spousal visa process. As we are living and working as English teachers in the Czech Republic, we don't have a lot of extra money. We do have the financial support of both my family in the US and hers in the UK, but I'm told this can't be considered for the application.

Now, I've recently heard about applying as an EEA family member under the "Surinder Singh" rule. I've only found limited information about applying in this way, so I'm not really sure what my options are.

To give you this information more concisely:

I'm a US national who is currently living at employed full-time in the Czech Republic as a teacher. My British fiance is also living in the Czech Republic and working on a self-employed business license. We have been living and working in the Czech Republic for over a year at this point, and we'll be married at the end of June 2013 (also in the Czech Republic). We would like to soon after relocate to the UK. Because of low wages in the Czech Republic in our industry, we have nowhere near the amount of money required to apply for a spousal visa.

Which is our best route to take, do you think?

Thank you so much for your help; it's greatly appreciated!

Jeff

[Casa]

EEA, but wait for others to advise the procedure. Ca.funke or EUsmileWEallsmile two of the other moderators knows more than most. I'll move this to the EEA route forum where you should get the advice you need.

[Jambo]

There is no reason to go via the UK spouse route in your case. The EEA route is simpler, free and you will achieve Permanent Residence in the UK after 5 years the same as with a UK spouse visa.

The Surinder Singh route allows a British national (and his family member) to enjoy from the EEA immigrations regulations as if he was a non-UK EEA citizen (as the EEA regulations in the UK are not normally available to British citizens). For that 2 conditions need to be met:

1. The British national has been working (employed or self employed) in another EEA state.
2. The non British family member must be a spouse / civil partner and has lived together with the British national in that state.

As you are American and don't require a visa to enter the UK, you have two options:

1. Apply for an entry clearance ("visa") before travelling. This is called EEA Family Permit. You will need to provide evidence of the British national employment and evidence of your residence in the country.

2. Board a flight and seek entry at the port by providing the same evidence.

(1) might be useful in making sure you got all the required documents while you are still in Czech Republic. (2) will probably save you the trouble to get to the British consulate and also the risk of them deciding to refuse the application (it is very rare to be denied entry at the border).

Once you are in the UK, you can apply for a 5 years Residence Card by applying using form EEA2. After 5 years of residence, you will obtain a Permanent Residence in the UK and can apply for British citizenship (if you wish).

Some night reading -

• 1. The relevant EEA regulation - Regulation 9
  
  2. EUN2.14 Can family members of British citizens qualify for an EEA family permit? ('Surinder Singh' cases)
  
  3. EEA FAQs - Common Questions - Read before posting - EEA Family Permit.

[Casa]

Thanks for taking over Jambo. Night

[Directive/2004/38/EC]

I personally think the EEA route is the way to go.

Should be straight forward to get an EEA FP. The benefit is that you have immediate proof of your right to work in the UK on your arrival. You can start working 15 minutes after you plane arrives!

[richomondo]

Thank you so much for your help and for the information. We both greatly appreciate it.

One question I had. In order to apply through the EEA route, do I need to currently have a residency card here in the Czech Republic as the spouse of an EU citizen? Currently I hold a Czech residency card based on my work, so it has nothing to do with my fiance. Or, does that even matter at all? Thanks so much.

[Jambo]

do I need to currently have a residency card here in the Czech Republic as the spouse of an EU citizen?

No.

You do need to prove you live together in the Czech Republic. This can be done using tenancy agreements, utility bills, official letters etc.

[richomondo]

do I need to currently have a residency card here in the Czech Republic as the spouse of an EU citizen?

No.

You do need to prove you live together in the Czech Republic. This can be done using tenancy agreements, utility bills, official letters etc.

Easy! Thanks so much.

[richomondo]

Hey; it's been awhile but I've got a follow-up question that hopefully someone can help me out with.

Regarding the requirements/conditions for the "EEA Family Permit":

1. The British national has been working (employed or self employed) in another EEA state.
2. The non British family member must be a spouse / civil partner and has lived together with the British national in that state.

We are getting married on the 22nd of June this year. We're flying to the UK just about a week later really, so will the British national (my to-be wife) need to work/be able to show proof of work AFTER our wedding date, or does the timeframe really not make a difference here?

Thank you again!

[EUsmileWEallsmile]

The law does not specify a time-limit, but if you decide to move so quickly after marriage, it might cause some suspicion that you married to circumvent national immigration rules.

That said, you are in a long term relationship, etc, etc.

[richomondo]

Hey; thanks for everyone's help so far. As my wedding date is quickly approaching (less than 3 weeks!), I had another question I was hoping someone could help me with.

I will be getting married on the 22nd of June here in the Czech Republic, and going to the UK on the 28th. I understand from previous answers how I can get the family permit once I arrive at the airport and go through the border. HOWEVER, Czech bureaucracy being what it is, I will likely not get my marriage certificate until 2-3 weeks later (i.e., after I've already gone to the UK).

I'm leaving for my honeymoon to SE Asia on the 8th of July, and I'll be away for a little under two months. Will I be able to apply for a family permit under the Surinder Singh ruling when I come back from Thailand, or do I need to be immediately coming from an EEA country?

I guess another option is, if I receive my marriage certificate between 1) when I arrive in the UK, and 2) when I leave for Thailand, can I apply for the family permit within the UK?

Thank you so much for your help; you fellows are lifesavers.

[Directive/2004/38/EC]

You will be applying for a Residence Card for the UK. It must be done by post and takes at least 6 weeks to get back your passport, so I would recommend only applying once you are back from your holiday.

Are you really issued no evidence that you are married for 2-3 weeks after the marriage?

[richomondo]

I'm trying to find out if the city office can issue me a document in the meantime (I'd hope so!), but I don't know for sure yet.

I'll be applying for the residency card after I'm allowed in on the EEA Family Permit, correct? Just getting a lot of different things mixed up now, and this is the first I'd heard of a residency card in the whole process of things. Thanks in advance!

[richomondo]

I've been told the city office in Prague cannot, in fact, issue me anything to show that I'm married until about 2-3 weeks after the wedding. Silly.

My main question here is: Can I apply for this same family permit thing from within the UK? Alternately, can I apply if I'm coming into the UK from a country that is NOT in the EEA/EU? (As I'll be on a long honeymoon before going to the UK after the short initial visit).

Thanks much.

[Directive/2004/38/EC]

I think you need to stop posting and go back and read what people have written

[rainbowfire]

Thank you, I hadn't realised we were posting on the same forum ... We appreciate your help, guys, but reading back over what people have written doesn't really answer the question we have at the moment. Considering that we might not have the marriage certificate until 3 weeks after the wedding, the question is whether we can apply at the airport on our way back from Thailand, or would we have to be coming straight from an EEA member state? Basically, will our honeymoon throw a spanner in the works? There's also the fact that I technically won't be working in the CR *after* our wedding date, so this question concerns me on the EEA2 form: "Were you the family member of the UK
national at a time when they were exercising
treaty rights as a worker or self-employed person
in another EEA member state?"

[Jambo]

the question is whether we can apply at the airport on our way back from Thailand

Yes, if you have all the documents with you at the airport (marriage certificate, proof of your employment in Czech Republic, proof of residence for both of you in Czech Republic). Alternatively, apply from within the UK for a Residence Card using form EEA2.

or would we have to be coming straight from an EEA member state?

There is no requirement to come directly from a member state. There could also be a gap from the time you left the member state until you return to the UK.

There's also the fact that I technically won't be working in the CR *after* our wedding date, so this question concerns me on the EEA2 form: "Were you the family member of the UK
national at a time when they were exercising
treaty rights as a worker or self-employed person
in another EEA member state?"

See Regulation 9 (2)(b)