Mexican + European moving from overseas

[alicia mx]

My partner is French and will take a job in the UK in early 2006. He is currently working in Japan. I am Mexican and currently working in the US (with a working visa).

Although I have browsed through the relevant websites I am a bit confused about which is the best way to go about getting a working permit to move with him to the UK and the order to follow (first moving or first getting the permits...).

We met while studying in the UK (graduate school). We both left the UK mid-2004 to our current jobs and locations.

1. What is faster or easier? To get an independent immigration status or to get one as his dependant?

2. I know HSMP is an option and I have two masters degrees from the UK, but I have never worked in the UK and I am over the age that gives you additional points. I have worked both in Latin America and the US. Based on the points calculator it seems to me I could make a case but I have seen classmates from graduate school that I thought were good candidates being rejected or delayed for many months. Any advice on this front?

3. If I try to get the work permit as his dependant, do we have to get married? if so, does it have to be done before or after I enter the UK? Can I get a work permit due to the fact I have a French partner even if we never lived together in France or Europe? Our preference would be to postpone marriage a bit.

4. If I go as his dependant, how long can it take before I am legally allowed to work in the UK? We both have financial commitments and are still recovering from studying expenses so I cannot really afford a long period of unemployment.

Any guidance you can give me will be appreciated.

[bash_h]

Im sure other people will give you further advice about the HSMP but if you were to get married, you could get an EEA family permit on the basis of being a dependent (spouse) of an EEA national, and it would make your life easier in the UK as you would have the freedom to work/live for 5 years.

http://www.britainusa.com/visas/other_s ... her_ID=316
for more information

[John]

Just adding to what bash_h has already posted, under current legislation, after four years in the UK holding an EEA Family Permit you would be entitled to apply for ILR (Permanent Residence), and after having that ILR for a year you could apply to be naturalised as British.

It is possible that the "four years" mentioned above might become "five years" but there is not yet a firm introduction date for that to happen.

Becoming a "Family Member of an EEA Citizen" effectively gives you the same treaty rights as your EEA Citizen spouse. That certainly includes the ability to work in the UK without needing to obtain a Work Permit or HSMP.

You just need to get the EEA Family Permit in your passport to prove you have those rights.

[alicia mx]

Thanks both for your replies. It definitely seems marriage is the easiest path to follow.

From your answers and what I have read, the fact that we have not lived together before in Europe doesn't seem to be an impediment to gain right to live and work as an spouse.

As I mentioned, my preference would be not to rush into that step and to travel as an "unmarried partner" or something like that, but that doesn't seem to be an easy thing to do if my partner is French and is rellocating himself to the UK, is that a fair assessment?

Thanks.

[John]

Hi, had the two of you lived together in "a relationship like marriage" for at least two years then it might be possible for you to be classed as a dependent. However as that is not the case, factually, then I can't see how you can pursue that route.

It therefore really does come down to you getting a visa in your own right, if you are able, or alternatively getting married. However no one should get married merely to ease a visa situation, but only because they really do want to get married.

[alicia mx]

I do agree with your last statement. That's precisely why I am trying to find a way to plan the wedding calmly, although we do want to marry for the right reasons and I wouldn't be moving to the UK otherwise.

Thanks again.