Non Visa National married to British Citizen

[nat & owa]

Hi

I am a British Citizen, my husband is from Paraguay, making him a non-visa national.
We have been living in Spain, and my husband obtained his year 5 Residence Card there recently.
We want to move to the UK. We are now travelling in South America, and have tickets to go directly back to London in February.

I read on immigration advice websites and seen it mentioned here, that if a non visa national comes to the UK, they can apply for their Residence Card whilst there. I need this confirmed. Is this true, and under what circumstances and/or regulations? The UKBA website states that you cant change your status if you come in as a visitor..... so this abolishes the advice above? Im so confused.

I ask this as, we know there is the option of applying for a Family Permit, but believe he can only do this from outside of the UK. Is there no option to do it from inside?

What is our best option? We already have the flights booked to go to the UK on 12th February.

Thank You in advance

[John]

We have been living in Spain

What have you been doing in Spain? That is, in which way have you been exercising Treaty Rights in Spain? Employed? Self-employed? Or how?

[nat & owa]

I was in Spain for 1.5years volunteering for a non profit organisation, without a contract, just gaining experience.
But for my last 5 months there yes, I was working with a contract.

[John]

So employed?

If that is the case it is open for your husband to apply, in Paraguay, for an EEA Family Permit, using the Surinder Singh method. And then later applying for a Residence Card in the UK.

Otherwise he would need to apply for a spouse visa under UK immigration law, and get that visa before travelling to the UK.

[nat & owa]

Yes employed.

So what I have read about him being able to enter the UK as non-visa national and then apply for his residence card, is not true?

Regarding applying for Family Permit, as he has his residency in Spain, will it confuse things if he applies from Paraguay? Will they process it here or will they send the docs to Spain?

Thanks

[John]

So what I have read about him being able to enter the UK as non-visa national and then apply for his residence card, is not true?

It is true but Surinder Singh applications are always problematic.

If UKBA do not agree the application for a Residence Card, your husband would need to return to Paraguay to apply for a spouse visa.

Will they process it here or will they send the docs to Spain?

I do not know where applications made in Paraguay are processed? There? New York? I would be amazed if it was in Spain.

[nat & owa]

[quote]
your husband would need to return to Paraguay to apply for a spouse visa

Would he not have to return to Spain, as he has residency there?
If they didnt agree to his application for Residence Card, could he apply for a Family Permit from Spain with me in the UK? Or his only option would be the spouse visa as you mentioned..?

Just checked, they process the applications in Argentina. I just thought since his residency was in Spain, they would want to do it from there.


Yes, I can see the Surinder Singh cases are complicated. I feel naive now as we were advised a few months ago to just come to the UK without the Family Permit and just apply straight away for Residence Card. I can see its taking a risk...

Can I ask, if he decides now to make the EEA FP application, from South America, will it be ok that both of our employment in Spain has now ended. I have the copy of my contract, but this ended a month ago as we had our plans for travel in South America.

Can you also advise if the Family Permit app (once accepted) would HAVE to be sent to our address in Spain (we hadnt planned to go back there) or can we explain that we are travelling and to send the Permit to our address here in Paraguay?

I appreciate all the advice you can give. Thanks