Swedish national in UK since 2010 (QP) - Non EEA Spouse

[grahmen]

Dear all,

A lot to take in and different sources giving me different answers so I thought to iron things out.

ME

Swedish national living in London since July 2010.

Job seeker Jul 2010 - Oct 2010
Employed full time Oct 2010 - Apr 2011
Employed part time + full time student Sept 2011 - Jul 2014
Self Employed Oct 2014 - Oct 2017
Currently employed

Should there be any issues for me having my QP application accepted to get my right to sponsor my soon to be wife? How long does this normally take and is it possible to expedite the process?

Getting married to my girlfriend Non-EEA (Taiwan) in Sweden, August 2018

She is currently living and working in Spain since Oct 2017 (holding a Spanish resident card)

Once we have married, which application form should she use to come and join me here in London? it will need to give her the right to live and work here. How long would it take for her to be allowed to:

1. Move to London
2. Start working

Please advice!

PS: I have also heard that it might be useful to send our applications together so that we get the same case worker?

Thank you all in advance for your advice.

Best
Victor

[Richard W]

To move to London, the swiftest method if you get your marriage certificate as soon as you are married is for you two to take the train together to St Pancras international. (Ryan Air might work, but that seems to be good to be true.) I presume she will have a Schengen visa that allows us to travel as far as British border controls on or at the boarding of the Eurostar train. For the British border hurdle, you might need evidence that you are employed, as well as your Swedish passport (or ID card, if you still have one). She will then get a stamp in her passport saying that she has been admitted under the EEA Regulations 2016.

It is not known which employers will accept that stamp as providing a statutory excuse if they are found to have employed someone not allowed to work. (She would not be allowed to work if you were not actually married, the marriage was one of convenience, or you were not a qualified person; the employer cannot be certain about any of these matters.)

On arriving in the UK, your wife should apply for an Article 10 residence card. There is a scheme whereby you can apply together and keep your passports - you apply for a residence certificate showing you to have been a qualified person and she applies for a residence card showing her to have been a family member of a qualified person or permanent resident with an EEA nationality.

When she applies for a residence card, she will 'immediately' receive a certificate of application (CoA). ('Immediately' means within a month or two.) If you have submitted what appears to be the necessary information, she will get a 'long CoA' or 'CoA with right to work'. Most employers will accept that as providing a statutory excuse, once they have confirmed the right with the home Office. The residence card takes about 6 months, though it is worth checking the time lines threads for the current processing times; historically, residence cards have sometimes been provided more rapidly.

[grahmen]

To move to London, the swiftest method if you get your marriage certificate as soon as you are married is for you two to take the train together to St Pancras international. (Ryan Air might work, but that seems to be good to be true.) I presume she will have a Schengen visa that allows us to travel as far as British border controls on or at the boarding of the Eurostar train. For the British border hurdle, you might need evidence that you are employed, as well as your Swedish passport (or ID card, if you still have one). She will then get a stamp in her passport saying that she has been admitted under the EEA Regulations 2016.

It is not known which employers will accept that stamp as providing a statutory excuse if they are found to have employed someone not allowed to work. (She would not be allowed to work if you were not actually married, the marriage was one of convenience, or you were not a qualified person; the employer cannot be certain about any of these matters.)

On arriving in the UK, your wife should apply for an Article 10 residence card. There is a scheme whereby you can apply together and keep your passports - you apply for a residence certificate showing you to have been a qualified person and she applies for a residence card showing her to have been a family member of a qualified person or permanent resident with an EEA nationality.

When she applies for a residence card, she will 'immediately' receive a certificate of application (CoA). ('Immediately' means within a month or two.) If you have submitted what appears to be the necessary information, she will get a 'long CoA' or 'CoA with right to work'. Most employers will accept that as providing a statutory excuse, once they have confirmed the right with the home Office. The residence card takes about 6 months, though it is worth checking the time lines threads for the current processing times; historically, residence cards have sometimes been provided more rapidly.

Thank you Richard this is very helpful!

[Ahmed Alarab]

Good evening guys.
I am Iraqi who is holding polish residence card since 2012.
We decided to move to London, my wife and daughter have already moved there to arrange all needed documents that will help me to apply for EEA family permit.
I have been waiting for an answer more then 4 months. There is no one can give me the date of my visa's issue.
Dear Richard could You Explain mentioned possibility once again more in detail.
How can I get the visa from the British border!!!

[Richard W]

Dear Richard could You Explain mentioned possibility once again more in detail.
How can I get the visa from the British border!!!

See reports from those who have done it, e.g. at the topic EEA dependent ink stamp for no time limit. Older reports can be found by searching this subforum for "code1a stamp". A marriage certificate from an EU country should be accepted as is under Schengen rules and British practice; it gets more complicated with a marriage certificate from outside the EU.

[Ahmed Alarab]

Dear Richard, I don't know what I have to say for you, but you make me smile and happy for all the night after I checked your information about my rights to get the visa in the border ( UK ) , thank you so much brother,
I have one more question pls ! I would like to buy the tickets for all my family members and flight from Warsaw!! You think they will allow me in the polish airport!! Please help me to find the way to be in U.K. Border!!

[Richard W]

I have one more question pls ! I would like to buy the tickets for all my family members and flight from Warsaw!! You think they will allow me in the polish airport!! Please help me to find the way to be in U.K. Border!!

The only sure route to the UK is by train or ferry from one of the ports with transposed border controls, namely Calais and Dunkirk.

[Ahmed Alarab]

Dear Richard, I have all the documents required for my entry to London. My wife and daughter will also be with me on the trip. If the officer insists on not letting me in, is it my right to summon a lawyer to explain the law to them? What do I do if I arrive at the airport !!! I needed some guidance on how to deal with border officer !!

[Richard W]

Dear Richard, I have all the documents required for my entry to London. My wife and daughter will also be with me on the trip. If the officer insists on not letting me in, is it my right to summon a lawyer to explain the law to them? What do I do if I arrive at the airport !!! I needed some guidance on how to deal with border officer !!

As your wife is a Polish citizen, carrying a copy of the EEA Regulations 2016 (best from http://www.legislation.gov.uk/uksi/2016/1052) and Directive 1004/EC/34 should deal with legal matters. You might want to have copies of the directive in German, English and Polish. You say you are exercising your wife's treaty right as an EEA national to enter with her family, and that you are her husband.

If you are flying to the UK, your biggest difficulty lies in boarding the plane.

[vinny]

Seek admission under 11(4).

A person who is the family member of an EEA national must be admitted to the UK to join or accompany the EEA national where they present a valid passport and their valid EEA family permit. However, it is possible for them to demonstrate their right of admission under EU law at the UK border if they do not have one of these documents. For further information, see the legal requirements and required evidence sections within this guidance.

[Ahmed Alarab]

Dear Richard,


Could you exactly explain what kind of cards are covered by article 10 or article 20. There is a lot of useless information. My card was issued by local governments in Poland, based on my marriage with the polish citizen. We married in 2012. My card is called "permanent residence card " that allows me to work in Poland and move inside Schengen area countries.
What does the Directive 2004/38/EC exactly mean? I found some information that it's regarding To the workers, so I am not sure if I can take my wife and daughter to this risk and go there' to the border of United Kingdom.

I don't know how to check what kind of residence card I hold.

My wife is working and living in the U.K. Since last year. As I mentioned before we applied for EEA family permit but we have been waiting for over 4 months without any response. We are ready to cancel that silly procedure and try with article 10 or 20 but still we don't know if we are covered by that regulation or not ? Could you help us ?