Confused - EEA FP, Surinder (non-EU+EU living in Mexico)

[rrrjjjmmm]

I've trawled the boards and am getting more and more confused!

I am Australian, my future husband (marrying in NYC in July) is British. We have been living in Mexico working as TEFL teachers for a year, since my WHV for UK ended.

We are relatively flexible, but want to stay together, we also earn pesos, so the Marriage visa is a very costly process and seems like it could separate us for months.

We'd like to know:

1/ Is there anyway that we could instantly enter the UK under the EEA FP from Mexico? Or must we live and work in another EEA location (outside the UK) first?

2/ If I were to apply for an Irish WHV (I meet the requirements) and we were to move to Ireland to live and work for six months, would I then be eligible to enter the UK under the EEA FP directive?

3/ If we were to move to France (I would enter as a tourist), and register through the somewhat simple process they have there, and work as TEFL teachers for six months, could we then move across to the UK under the same laws?

I'm also a little confused over what an Entry Clearance would be for an Aussie? I'm able to enter the UK, France, Ireland, etc, as a tourist with no fore-warning. It seems from what I read, that an EEA FP is issued at Border Control at the airport in the UK after fulfilling certain requirements, or am I misunderstanding this.

It's all such a gamble, and incredibly confusing.

I appreciate the direction and/or expertise.

Thank you.

[Wanderer]

1. No to first part, yes to second.

2. Yes

3. Yes

The EEA FP is applied for by post, at the British Embassy in the country where the treaty right is being exercised - not issued at the port.

You'd need to married for this to work - or have a provable two years of cohab to enter the UK as an Extended Family member

[John]

rrrjjjmmm, the only comment I have about the answers from Wanderer is that as regards living and working in France, you are presumably talking about after the July marriage, and not before?

Also, as regards Ireland, and again following the July marriage, why bother with the Irish WHV?

[rrrjjjmmm]

Ok, thanks to both of you for the information, I appreciate the clarity. Yes, this would be after our marriage on July 15. We are planning on taking our apostilled marriage certificate to the British Consulate in NYC the following day.

John - when you say ' why bother with the whv ?' Do you mean, that I could apply for EEA status before entering Ireland? From Mexico? Or Ireland?

Thank you.

[Ben]

John - when you say ' why bother with the whv ?' Do you mean, that I could apply for EEA status before entering Ireland? From Mexico? Or Ireland?

Hi rrrjjjmmm,

What John means is, why bother with an application for a WHV when you can enter and reside in Ireland, with your British husband, without the need for permission of any kind.

[John]

Ben, that is right, that is exactly what I mean.

[rrrjjjmmm]

Hello, me again.

OK, so if I was to apply for an EEA FP visa/resident card through my soon-to-be husband, can I do that type of thing from Mexico? Before we left for Ireland? I assume we have to prove 'sufficient funds'.

I ask because this is the only application form I can find that seems relevent, but it's asking for my address in Ireland, as well as the EU citizens, but we're both in Mexico. Is this the wrong form?

http://www.inis.gov.ie/en/INIS/FormEU1. ... ormEU1.pdf

Also, would the form (when I make sure I have the right one!) be submitted in Mexico? I've looked at the Irish Consulate website in Mexico and it doesn't have any appropriate form, nor does it mention processing times. Or does it need to go to Ireland? Up to six months, in Mexico, while my passport is in Ireland seems very risky!

Thank you again, I think that covers all my questions...

[Ben]

Hello, me again.

G'day.

OK, so if I was to apply for an EEA FP visa/resident card through my soon-to-be husband, can I do that type of thing from Mexico?

It's an EEA FP visa and it can be applied for in Mexico, but since your husband is a UK national he would need to have been exercising a Treaty right (in an economic capacity) in another Member State of the EU (not Mexico).

Before we left for Ireland?

The EEA FP is a form of entry clearance for the UK. It is not for Ireland.

I assume we have to prove 'sufficient funds'.

In application for an EEA FP, you would not have to prove anything other than your relationship, nationalities and evidence that you husband has been exercising a Treaty right (in an economic capacity) in another Member State of the EU.

I ask because this is the only application form I can find that seems relevent, but it's asking for my address in Ireland, as well as the EU citizens, but we're both in Mexico. Is this the wrong form?

http://www.inis.gov.ie/en/INIS/FormEU1. ... ormEU1.pdf

That's the application form for a Residence Card. You complete that once resident in Ireland.

Also, would the form (when I make sure I have the right one!) be submitted in Mexico?

No.

I've looked at the Irish Consulate website in Mexico and it doesn't have any appropriate form, nor does it mention processing times. Or does it need to go to Ireland?

You can apply for an EUTR (C) visa at the Irish consulate in Mexico if you wish. It is not mandatory, you are not a visa-required national. If you do apply for one, it must be issued as soon as possible (few days) and it is free. Ireland's EUTR (C) visa is equivalent to the UK's EEA FP visa.

Up to six months, in Mexico, while my passport is in Ireland seems very risky!

That's the time to issue a Residence Card. You apply for that only when resident in the UK / Ireland (whichever you are going to).

Thank you again, I think that covers all my questions...

Welcome, sport.

[rrrjjjmmm]

My understanding is that we couldn't get me to the UK directly through this type of visa, firstly he would need to exercise his Treaty Right (economically) for six months before he could take me to the UK with him on a similar visa. That's why we're going to Ireland first.

I think the quotes at the bottom of your post really sum it all up!

Cheers for you help.

[Directive/2004/38/EC]

My understanding is that we couldn't get me to the UK directly through this type of visa, firstly he would need to exercise his Treaty Right (economically) for six months before he could take me to the UK with him on a similar visa. That's why we're going to Ireland first.

This is correct. You get to use EU law when you go to a country other than the one you are a citizen of, and then after you have worked there you can use it to move "back" to your home country.

If you are comfortable living in non English speaking lands (as you seem to be), you might try to find work in some of the other EU countries. There may be more opportunities and it can be fun!