EEA Resident to work in UK

[wassimk]

Hi,

I am married to a German woman (EEA) and we want to live in the UK. I have a residency/visa for Germany. We want to go together and she hasn't lived in UK before. Is there any chance for us to go there and start a new life over there TOGETHER?

in other words: in my case, as a person with this residency, can i instantly get the work permit in the UK (if accompanied by my wife) or should i do something first? and IN CASE i have to issue something before i go to the UK, does it have to be from my home country or can i do it from Germany since i am a resident in theere now?

[Pasha]

Spouses of EEA citizens must apply for entry clearance to the UK in the form of an EEA Family Permit which is valid for 6 months. This allows the non-EEA national to work and reside in the UK once granted.

Within that 6 months of being granted to EEA Family permit, you must travel to the UK where joint applications can be submitted for UK Residence Cards under EU Law. It is not compulsory that the EEA National apply for the residence card. The form you will need to use is the EEA 1 (for EEA national) and the EEA 2 (for non-EEA Nationals).

The application for the EEA Family Permit is quiet quick sometimes it can be issued on the same day. You can apply from Germany as you are legally residing there on a residence visa. Applications for the residence card take up to six months. Both applications are free of charge.

To apply for the residence card, the EEA national must be exercising a treay right in the UK by working (to include self-employment), studying or is self -sufficient.

[wassimk]

hey pasha!

thanks a lot for your quick reply...that sounds great!

do you by any chance know which papers are needed to apply for this entry clearance to the UK in the form of an EEA Family Permit which is valid for 6 months? do i apply directly at the embassy or at this worldbridge center?

[Pasha]

Have a look at the following link which explains it all

http://www.ukvisas.gov.uk/en/howtoapply ... snationals

http://www.visa4uk.fco.gov.uk/FAQ.aspx

http://www.fco.gov.uk/en/about-the-fco/ ... urope/?l=G

Best of luck,
Pasha

[Spark]

Spouses of EEA citizens must apply for entry clearance to the UK in the form of an EEA Family Permit which is valid for 6 months. This allows the non-EEA national to work and reside in the UK once granted.

No way, I didn't know that, so does that work the opposite way around too ?

i.e. Once my girlfriend and me (UK Citizen) are married then we could potentially move to France ?

[Pasha]

Way.....

If you are a non-EEA national and is married to an EEA National, under EU Law you have the right to move, live and travel freely with your spouse. These rights are conferred upon you by virtue of your marriage (and not national law).

So yes, if you were moving to France for settlement with your spouse, you will need to apply for the entry clearance equivalent to France. The EEA Family permit is entry clearance to the UK. Applications are free under EU Law which you will benefit from.

[Spark]

Oh she's gonna be a bit happy about that I think, the only problem at the moment is that neither of us speak French (I speak German to an intermediate level but I really don't want to move there) but there is always time to learn.

Would we need to apply for Entry clearance for her in this case as she is Japanese and can enter France without a visa and then apply for her change of status when in Paris or would it need to be arranged at the French embassy/consulate beforehand ?

[Pasha]

Oh she's gonna be a bit happy about that I think, the only problem at the moment is that neither of us speak French (I speak German to an intermediate level but I really don't want to move there) but there is always time to learn.

It is all apart of the experience of relocating


Would we need to apply for Entry clearance for her in this case as she is Japanese and can enter France without a visa and then apply for her change of status when in Paris or would it need to be arranged at the French embassy/consulate beforehand ?

Married to an EU Citizen will give your then wife what is called ' the initial right of residence' this is 3 months in which you may decide to settle.. Anytime after that 3 months is what is called ' the extended right of residence'. The importance here is that if your then wife does not need a visa to travel to France but intends on staying for more than three months to settle, then she must apply for the appropriate settlement visa to enter France in the first instance.

Entering on a tourist visa for the purposes of settlement would be seen as visa fraud. Switching from a tourist visa to a settlement visa, can be done but it may prove to be an inconvience. For instance, prooving the rights your wife will have under EU Law until her official long-term settlement residence application is processed (well atleast in the uk this has been the case.).

I would suggest after the marriage and honeymoon has taken place, apply for the visa to France that is meant for settlement (if you both intend on settling there for the forseeable future) rather than risk it on a tourist visa.

[Spark]

Yeah I thought it would be like that, we're just trying to look at the options at the moment really, the costs of getting her residence in the UK are high and from what you're saying there, we would need to get her UK residence before we could make the possible move to France, she currently has a UK Student Visa.

We're also considering me possibly moving to Japan and I have already started studying the language, the visa process is similar only slightly less complicated and a lot less expensive, the only issue is that I am currently looking at just how damaging that could be to my career.

Thanks for all your help mate.