Non EEA National with WPermit marrying a German National???

[debtblue]

hello everyone

I m an Indian national about to marry a German national in India. But a twist in the story is:

1. I am an Indian national working in UK on a work permit.
2. I am marrying a german national who works in UK as well.

Now because I already have a work permit for 4 years is it worth me changing my status ????

second i dont want to be stuck in this job for 4 years , I want to have freedom to find any job in the uk.

So now the question is what visa should i apply for to live in the UK with my partner.

And as a German national should she get a british nationality first?

Please advice thanks

[John]

If you have been in the UK for four years on a WP, have you already got your ILR? Or if the four years it not quite up, when will you be able to apply for ILR on the basis of 4 years on WP?

Or am I misinterpreting "I already have a work permit for 4 years"? You simply have a 4 year work permit but have not been in the UK for very long? Since when?

Your fiancée? How long has she been exercising her treaty rights in the UK, for example, by working here?

Armed with the answers to the above questions it will be easier to come up with answers to your questions.

[debtblue]

If you have been in the UK for four years on a WP, have you already got your ILR? Or if the four years it not quite up, when will you be able to apply for ILR on the basis of 4 years on WP?

---I have been in the UK for last 5 years 4 years on a student visa and last one year on work permit which will expire in 2009. So i cannot apply for ILR for another 3 years

Or am I misinterpreting "I already have a work permit for 4 years"? You simply have a 4 year work permit but have not been in the UK for very long? Since when?

---I have been in uk since 2000 (2000-2004= student visa) (2005-2009= work permit)

Your fiancée? How long has she been exercising her treaty rights in the UK, for example, by working here?

---My partner has been working for last 1 year in the UK as a German national.

Hope this answers all ur questions could u please help.........

[John]

OK, I now understand.

After the marriage, and assuming your wife (as she will be) intends to continue exercising her treaty rights in the UK, you should make an application for an EEA Family Permit. This will confirm that you will have the same EU/EEA treaty rights as your wife, assuming she is still exercising her treaty rights.

Accordingly, given that she clearly has the right to live and work in the UK without a Work Permit ... so will you!

After the marriage your wife should apply for a Residence Permit (assuming she does not already have this in her passport) using Form EEA1 and at the same time you should make an application using Form EEA2. Both applications should be enclosed in the same envelope.

(The IND website is very slow at the moment ... probably best to download those forms out of working hours.)

Hope that helps.