Irish citizen with non E.U fiance looking to exercise my E.U treaty rights for her to live with me post 31 January 2020

[Coindealer]

Hi everyone. I could really use some help and advice as I can't seem to find any correct information regarding my rights as an E.U citizen living in the U.K. I am looking to marry my non EU Ukranian girlfriend in April of this year and I would like her to live with me in the U.K. It would be great if someone could answer the following questions for me.

1) Is it still possible to exercise my E.U treaty rights for my non E.U spouse to live with me in the U.K post 31/01/20 Brexit deadline.

2) If the above is possible, will my right to have my non EU spouse be affected if we marry after the 31/01/2020

3) Does the fact that we have only been together for 1 year to this date affect my right to have her with me as my spouse?

4) If I can do all of the above and exercise my rights what is the first thing I need to do after we are married?

5) How do I exercise these rights? Will she be granted the right to remain and work in the U.K?

There is no clear information on anything relating to my circumstances anywhere. Please could someone help me.

[Zambrano_ombudsman]

Hi,

These might help. Good luck!

See Articles 9 and 10:
Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community19 October 2019
https://assets.publishing.service.gov.u ... munity.pdf

Questions and Answers on the United Kingdom's withdrawal from the European Union on 31 January 2020
https://ec.europa.eu/commission/pressco ... nda_20_104

Hi everyone. I could really use some help and advice as I can't seem to find any correct information regarding my rights as an E.U citizen living in the U.K. I am looking to marry my non EU Ukranian girlfriend in April of this year and I would like her to live with me in the U.K. It would be great if someone could answer the following questions for me.

1) Is it still possible to exercise my E.U treaty rights for my non E.U spouse to live with me in the U.K post 31/01/20 Brexit deadline.

2) If the above is possible, will my right to have my non EU spouse be affected if we marry after the 31/01/2020

3) Does the fact that we have only been together for 1 year to this date affect my right to have her with me as my spouse?

4) If I can do all of the above and exercise my rights what is the first thing I need to do after we are married?

5) How do I exercise these rights? Will she be granted the right to remain and work in the U.K?

There is no clear information on anything relating to my circumstances anywhere. Please could someone help me.

[Richard W]

1) Is it still possible to exercise my E.U treaty rights for my non E.U spouse to live with me in the U.K post 31/01/20 Brexit deadline.

Yes, the deadline is now 31/12/20.

2) If the above is possible, will my right to have my non EU spouse be affected if we marry after the 31/01/2020

No, marrying in April is fine.

3) Does the fact that we have only been together for 1 year to this date affect my right to have her with me as my spouse?

No. A year is long enough to help dispel the idea that the marriage will be one of convenience.

4) If I can do all of the above and exercise my rights what is the first thing I need to do after we are married?

Where is your fiancée now? In most cases, the first thing to do is to prepare her application for a family permit under the EU scheme to come and join you in the UK. If you're adventurous, you take a journey on the surface to the UK using your marriage certificate to cross borders, with her getting a Schengen visa at the first EU border and then an EEA regulations stamp at the UK border in France or Belgium.

5) How do I exercise these rights? Will she be granted the right to remain and work in the U.K?

On arriving in the UK, she should apply for pre-settled status as your wife. She will then get a BRP which should satisfy any prospective employer of her right to work. Technically, she doesn't need the BRP until the middle of 2021, but few employers would risk employing her without it. As your genuine wife, she would have the right to remain and work from when she arrived in the UK in 2020 even if she sneaked in in the back of a lorry. She will ultimately need a BRP to preserve these rights.

All this presumes you are not actually also a British citizen, but from what you've written I assume that you're not.

[Coindealer]

Thankyou both for your helpful comments that is all very re-assuring. She is currently in ukraine and I am just an irish national. I've decided to go through an immigration lawyer firm to do all of the paper work? They are charging 800 pounds to do everything, I am worried of foing something wrong and the application being rejected. Do you think 800£ is worth the money for there services to see this case from start to finish?

[iwolga]

Hi, I'm Russian and I went through the whole process of EEA FP application just half a year ago. A piece of advice: find someone in Ukraine, who's specializing in UK immigration. I easily found the person in Russia and saw a few consultants based in Ukraine. Most of them will know more about EEA\EUSS and UK spouse visas than a lot of lawyers in UK.

I paid around EUR 200, the lady did all translations, advised on the list of papers for our case, filled in the forms etc. This was a turn key fee. What was the most important the lady knew all country specifics (and though the process is supposed to be global, there are a few i.e. what to translate exactly, how to do it, what to answer and what is visa centre asking).

[Coindealer]

Thanks for the advice. I will definitely keep my options open regarding immigration advisors. One more question I would like to ask. We are applying for the permit about a week after we get married. Would that raise red flags? Should we wait a number of months after getting married before appoint? I am just concerned that the slightest thing could cause the application to be rejected...

[Richard W]

We are applying for the permit about a week after we get married. Would that raise red flags? Should we wait a number of months after getting married before appoint? I am just concerned that the slightest thing could cause the application to be rejected...

If anything, not immediately applying for the family permit would raise red flags!

[Coindealer]

I have a few mode questions.

1) What do the home office define as "dependant" is there a certain amount of money I should be sending my partner.

2) if the permit is refused could we enter the U.K through France exercising my treaty rights?

3) if we can enter through france with a 1A stamp ----How long is it valid for?
- Can she then apply for the EU settlement scheme?

[Richard W]

1) What do the home office define as "dependant" is there a certain amount of money I should be sending my partner.

What part of the EEA Regulations, the EU Settlement scheme (which is part of the Immigration Rules) or Home Office 'internal' guidance requires that your *wife* be or have been a dependant?

2) if the permit is refused could we enter the U.K through France exercising my treaty rights?

Yes. However, you ought to need to be able to rebut the reason for the refusal unless it was a matter of not following procedure. The reason may well be shared with the Schengen system, which you will have to pass to get into France.

3) if we can enter through france with a 1A stamp ----How long is it valid for?
- Can she then apply for the EU settlement scheme?

No. The 'code 1A' stamp has been replaced by the 'EEA Regulations' stamp. Last I heard, the latter was indefinite, which strongly suggests that it would be inadequate for a right to work check.

Remember that for this route, you need to show that you would be exercising your treaty rights if you were a Spaniard. Having entered, she can then apply for the EU settlement scheme.