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Spouse lives here so what is his country of residence?

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sproxton
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Joined: Tue Nov 22, 2016 5:41 pm

Spouse lives here so what is his country of residence?

Post by sproxton » Tue Nov 22, 2016 6:11 pm

My Brazilian husband has an Irish EU residence card, so he lives legally with me in the UK but is not allowed to work.

To apply for a UK Family Settlement visa (which will allow him to work) we need to complete VAF4A but to be outside the UK when we submit it.

So, for the sake of the form, what is his permanent country of residence and address? Is it his UK address where he lives legally with me? Or is it an Irish address?

In the Passport/Travel Info section, the 'country of residence' actually has 'United Kingdom' among the options.

Then, after we enter our UK address where he will be staying if he gets the visa, the form takes that UK address and uses it to auto-fill the answer to 'what is your permanent residential address and contact details?' It also plugs in his email and phone number.

So we're confused. If the permanent residential address and contact address is supposed to be an Irish one, why does it auto-fill the UK address where he intends to stay? And if he lives legally with me in the UK and is just hopping over to Ireland to make the application should we put the UK address as his permanent residential address?

Thank you!

noajthan
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Location: UK

Re: Spouse lives here so what is his country of residence?

Post by noajthan » Tue Nov 22, 2016 6:13 pm

Some confusion here.
If spouse was here legitimately by virtue of free movement then he would have right to work (and study) as well as to reside.

Why do you think an Irish document (!) permits your spouse to reside in UK?

What is your nationality/immigration status?
Are you a settled or qualified person in context of EU migration?

How long has partner been in UK? how did he get here? (by visa? or ??)
All that is gold does not glitter; Not all those who wander are lost. E&OE.

ohara
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Joined: Fri Jan 27, 2012 7:00 pm
Location: hiding in a badger sett
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Re: Spouse lives here so what is his country of residence?

Post by ohara » Wed Nov 23, 2016 12:24 pm

sproxton wrote:My Brazilian husband has an Irish EU residence card, so he lives legally with me in the UK but is not allowed to work.
Interesting :shock:

An Irish EEA residence card would not permit your husband to live or work in the UK :?

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Spouse lives here so what is his country of residence?

Post by secret.simon » Wed Nov 23, 2016 8:05 pm

What are your nationalities?

If you are British, how long have you stayed in Ireland and did you move the "center of your life" there? Did you intend to do a Surinder Singh?

An Article 10 Residence Card allows travel across the EEA provided the holder is either accompanying or joining the EEA citizen in another EEA country.

But the right to reside documented by the Residence Card is limited to the EEA country that issues it.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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