EEA Spouse visa

[confusedandsad]

Hi all,

We have decided to go down the EEA route due to it being cheaper than the UK route. This way I can also visit home while waiting for my EEA permit to process.

Our plan will be:

1. Get married in UK.
2. We will have a 3-4 day honeymoon somewhere in the UK
3. I will return to NZ straight after the honeymoon by myself. I will be booking a 30-day return flight
4. As soon as I arrive I will apply for the EEA family permit
4. 2 weeks after I arrive in the NZ my wife will join me
5. Once she joins me we will have another family celebration with my family in NZ
6. We will return to the UK together if the EEA permit is received within 30 days. If not, my wife will return by herself and I will return once I receive the EEA family permit. I am happy to forfeit my return ticket and rebook a new one-way ticket if the processing takes longer than 30 days. Casa, I am aware that not all applications are processed in this time but my fiancee will just not be able to get more time off work unless she quits.

Based on the above I have a couple of questions:

1. The link below outlines as part of the application we are to provide my family member’s valid passport or national identity card (or a certified copy if you can’t provide the original). As my wife will need her passport to travel 2 weeks after I submit the application is it ok if I provide a copy of her certified passport? I can also include her original Permanent Resident card. I will not be able to provide her original passport or national card as she will need these to travel prior to coming to NZ

https://www.gov.uk/family-permit/docume ... st-provide

2. Does my wife actually need to be working for me to get the EEA family permit? Is this a requirement? As she is a Permanent Resident it appears this is no longer a requirement for her to prove she is employed? Her work is making it difficult for her to get time off. Our preference would be for us to travel longer than just 2 weeks. If her work starts to be difficult she may just quit her job so we can extend our trip. But this decision is dependent on if she is required to be employed for me to get the EEA permit

From the link below:

If they’ve been in the UK for more than 3 months they must either:

-be a ‘qualified person’ (working, looking for work, self-employed, studying or self-sufficient)
-have a permanent right of residence

https://www.gov.uk/family-permit/docume ... st-provide

[confusedandsad]

sorry to bump the thread but before I book my tickets your valuable feedback would be greatly appreciated.

[Richard W]

sorry to bump the thread but before I book my tickets your valuable feedback would be greatly appreciated.

Your wife doesn't need both passport and national ID card in the UK.

I really think 30 days is cutting it fine. Note that when you apply, you still may not have much evidence that your wife is for keeps and you haven't just married your girlfriend in order to reside in the UK.

[Casa]

Following Richard W's advice, how long have you been in a relationship with your fiancee?

[confusedandsad]

18 months.

I was just reading the EEA guidance. I own my own flat in Manchester and my Fiance will be ending her lease and moving in with me on date of our marriage. Policy outlines if cohabitation is proven the permit can't be declined on basis of marriage of convenience.

My fiance will be moving in with me as soon as we are married and we will put bills in both our names

[confusedandsad]

sorry to bump the thread but before I book my tickets your valuable feedback would be greatly appreciated.

Your wife doesn't need both passport and national ID card in the UK.

I really think 30 days is cutting it fine. Note that when you apply, you still may not have much evidence that your wife is for keeps and you haven't just married your girlfriend in order to reside in the UK.

What do you mean by "ou still may not have much evidence that your wife is for keeps and you haven't just married your girlfriend in order to reside in the UK."

Is it not enough that we have known each other for 18 months, she has travelled to Aus with me, we live in the same flat which I own?

[confusedandsad]

?

[Richard W]

What do you mean by "ou still may not have much evidence that your wife is for keeps and you haven't just married your girlfriend in order to reside in the UK."

Is it not enough that we have known each other for 18 months, she has travelled to Aus with me, we live in the same flat which I own?

Try putting yourself in the the position of a cynical UKVI official, and reread this thread. Your plan of getting married and promptly going to New Zealand on your own looked odd. The current EEA Regulation says

“marriage of convenience” includes a marriage entered into for the purpose of using these Regulations, or any other right conferred by the EU Treaties, as a means to circumvent immigration rules applying to non-EEA nationals (such as any applicable requirement under the 1971 Act to have leave to enter or remain in the United Kingdom)

Abandoning the basis of your permission to stay in the UK and then marrying your Spanish girlfriend looks suspicious to a suspicious mind.

I find it curious that you were able to take time off for a trip to Australia with your girlfriend, but have complained that you did not have enough time off to visit your home country.

I was initially worried for myself that my marriage would fall foul of the "primary purpose rule", for the reason that I married my wife as opposed to merely shacking up together was that we would otherwise have had immigration problems living together (and with any children we had together). Fortunately, when we did marry it was sufficient for 'genuineness' that we intended to live together permanently - the "primary purpose rule" had already been withdrawn.

[confusedandsad]

Noted Richard.

My fiancee has to leave on day 30 of the trip to NZ as she has to go back to work and she has already booked her return ticket.

Would my application look stronger if I also booked a return ticket with the same date as my fiancee to show we intend to travel together?

Ideally, I would prefer to only buy a one-way ticket to NZ then buy the return ticket once I receive the EEA permit but if the above strategy of buying a return ticket with the same date as my wife strengthens my case then I am happy to cop the potential extra cost in case the process takes longer than 30 days.

[Richard W]

Would my application look stronger if I also booked a return ticket with the same date as my fiancee to show we intend to travel together?

I suspect the effect would be small - I don't how one can gauge it. It might be worth declaring it as your intended date of travel from NZ to UK.

[confusedandsad]

That is my intention.

I think it is a bit silly to buy the return just to give my application more weighting. I'd rather buy the single and buy the return once I have the permit but naturally i'd be happy to spend the extra cash on the return ticket if it gives me a stronger case.

[confusedandsad]

Under the Tier 2 visa you are only permitted to be absent from work without pay for up to 4 weeks. I had no annual leave accrued and had to take more than 4 weeks unpaid leave for the marriage.

I needed minimum 3 months to sort out all the logistics I decided it was easier to resign. Hence the reason why I am unemployed. Is this going to cause issues when my application outlines I am unemployed?

It was either resign or breach conditions of Tier 2 and my employer was not going to let this be an option

[confusedandsad]

?

CR, casa you have gone all quiet, have you just lost interest ahahhahaha

[CR001]

Likely yes as we seem to be repeating information and it seems you are wanting someone to tell you what you would like to hear or make the decision for you on what you should do.

This topic now runs for 6 pages, perhaps you should read everything again from page 1 and decide what you believe is best for you based on the information that has been given.