Which visa can I apply for?

[monicaram]

Hi there,

I am Australian on a Tier 5 Youth Mobility Visa (Expiring Mid August 2016).My husband is a Spanish passport holder, who i've recently married here in the UK, where he has lived for 25 years.

We are living together here in the UK since Dec 2015 and are working full time. We are trying to see which visa is best suited for me, as well as, a visa which doesnt require me (the non EEA national) to leave the UK to apply.

We have been advised on the EEA Family Member (FM) route but I want to see if anyone else has other suggestions they can offer?

Also, if I applied for a Tier 5 YM Visa from Australia - does that mean I have previously issued biometric information and need to provide some form of document to support this? OR do I just need to enrole at the local Post Office?

Thanks in advance!

[noajthan]

Hi there,

I am Australian on a Tier 5 Youth Mobility Visa (Expiring Mid August 2016).My husband is a Spanish passport holder, who i've recently married here in the UK, where he has lived for 25 years.

We are living together here in the UK since Dec 2015 and are working full time. We are trying to see which visa is best suited for me, as well as, a visa which doesnt require me (the non EEA national) to leave the UK to apply.

We have been advised on the EEA Family Member (FM) route but I want to see if anyone else has other suggestions they can offer?

Also, if I applied for a Tier 5 YM Visa from Australia - does that mean I have previously issued biometric information and need to provide some form of document to support this? OR do I just need to enrole at the local Post Office?

Thanks in advance!

Non-EEA nationals enrol biometrics at a designated PO for the RC. HO will obviously want to check you are the same person as before so its mandatory for non-EEA nationals to enrol.

Make sure your application holds water with rock-solid supporting evidence that hubby is a qualified person etc etc; if your application is rejected and the previous visa has expired you will find yourself an overstayer,

[monicaram]

Sound advice, thanks.

I have also stumbled across this Directive https://eumovement.wordpress.com/directive-200438ec/

Will this be relevant to me at all?

Can I work and remain in the UK under this law?

If not; will my application be rejected if I have recently been married and done so with the purpose of wanting to stay with my husband NOT to remain in the UK but to build a life together?

I obviously have 1 chance at this and a lot depends on it to be correct as my current visa is up soon.

It's all very confusing, there seem to be various routes/visas available and the information provided on the Gov site is piss poor (some which is irrelevant from what I have read).

[ohara]

It is Directive 2004/38/EC which gives EEA citizens and their family members (including non-EEA) the rights of free movement.

Unless HO view your marriage as one of convenience, you will be permitted to remain in the UK with your EEA partner (conditions permitting).

However it remains to be seen what the outcome of the Brexit negotiations will bring regarding free movement.

You don't have "one shot" and the EEA route does not involve visas. It is your right to be here. It is by far the easiest option as you can basically live and work in the UK with no restrictions and for free. You should apply for an RC though, which costs £65.

[noajthan]

Sound advice, thanks.

I have also stumbled across this Directive https://eumovement.wordpress.com/directive-200438ec/

Will this be relevant to me at all?

Can I work and remain in the UK under this law?

...

Yes that's the EU law underpinning free movement.

[monicaram]

So, an EEA residence card is the best official option for me?

Do you know what the procedure is if the application needs further investigation/or is rejected, in regards to my Tier 5 YM visa expiring in August 2016 -

When my visa expires will I be questioned upon coming back to the UK (in the future) as an overstayer? Or does my right by EU law allowing free movement as I'm married to an EEA national give me a justified reason for overstaying my visa expiry date due to RC application.
Is there any official letter from the HO which could be used if questioned by UK Border Agency?

[noajthan]

So, an EEA residence card is the best official option for me?

Do you know what the procedure is if the application needs further investigation/or is rejected, in regards to my Tier 5 YM visa expiring in August 2016 -

When my visa expires will I be questioned upon coming back to the UK (in the future) as an overstayer? Or does my right by EU law allowing free movement as I'm married to an EEA national give me a justified reason for overstaying my visa expiry date due to RC application.
Is there any official letter from the HO which could be used if questioned by UK Border Agency?

Your application won't be 'investigated', a RC application is a regular application. Thousands of EU nationals and family members are doing this.

Yes, if its rejected and you have no other basis to be in UK after YM5 you will be an overstayer with no leave to remain.
(You are attempting to jump ship between two different immigration regimes, the UK Immigration Regulations and UK's transposition of EU Directive into EEA Regulations).

But you will have the full weight and power of EU law behind you as long as hubby is a qualified person and you remain married (and for as long as UK is in EU). If its granted the optional RC simply helps confirm your status, it doesn't confer the status by itself.

There is no UKBA anymore, Mrs May saw them off back in 2013.
You don't need any 'explanatory letter'. Possessing the (optional) RC is more than enough.

[monicaram]

Thank you noajthan for all your help!

There are just so many questions which you can't seem to find on the internet -

Will I be able to work/travel outside the UK whilst waiting for RC to be processed, even if my YM5 has expired? or is it suggested to stay in the UK during the processing time?
I know that they will have hold of our passports during the application time, as I have read. But how long do they usually hold on to them for/how soon can we get them back?

And when you say:
'Yes, if its rejected and you have no other basis to be in UK after YM5 you will be an overstayer with no leave to remain.
(You are attempting to jump ship between two different immigration regimes, the UK Immigration Regulations and UK's transposition of EU Directive into EEA Regulations).'

- what are the consequences of being an over stayer with no leave to remain? IF by any chance it is rejected (which I'm obviously hoping doesn't happen)

[noajthan]

Thank you noajthan for all your help!

There are just so many questions which you can't seem to find on the internet -

Will I be able to work/travel outside the UK whilst waiting for RC to be processed, even if my YM5 has expired? or is it suggested to stay in the UK during the processing time?
I know that they will have hold of our passports during the application time, as I have read. But how long do they usually hold on to them for/how soon can we get them back?

And when you say:
'Yes, if its rejected and you have no other basis to be in UK after YM5 you will be an overstayer with no leave to remain.
(You are attempting to jump ship between two different immigration regimes, the UK Immigration Regulations and UK's transposition of EU Directive into EEA Regulations).'

- what are the consequences of being an over stayer with no leave to remain? IF by any chance it is rejected (which I'm obviously hoping doesn't happen)

Suggest staying put and sitting tight until the case is resolved.

It could take 6 months, be prepared to be without your documents for a while;
even if you apply to have them returned you may incur delays or may not get them back early.

The consequences of being an overstayer with no leave to remain are likely to be an invitation to leave UK (or arrest, detention, deportation) plus a ban on re-entry.

[evadk]

Hey Monica,

Did you end up applying for the EEA FM, or did you go with another route?

I always thought you had to leave the UK at the end of the YM5 expiry!