Post
by JulieM71 » Thu Aug 19, 2010 9:59 pm
Hi
I've spent ages trawling through past posts to see if I could find the answer to my question, but haven't found the info I need so thought I'd ask for some help.
I am a British born citizen engaged to an Egyptian citizen. He has a ban from being granted a UK visitor's visa until 2015 as he was an illegal immigrant, entering on false docs in 2000 and removed in 2005. I can go into more detail but don't want to bore you with lots of info if it's irrelevant to my question.
We know that the UKBA will not issue him with a UK spouse visa immediately after our marriage early next year and we accept this will be the case because what he did was wrong and we know he is still paying for this mistake.
So, we decided I would move permanently to Egypt for a couple of years after we get married and then apply to return to the UK together after proving the relationship is genuine and enduring to the authorities. Not ideal, as I have a good job (worked for same organisation for 20 yrs since school + have lovely home /family close by / and friends and could financially support us both etc) but we don't want to spend months and years waiting to begin our married life together and fighting the authorities.
However, after searching lots of forums and websites, I came across info on my treaty rights as an EEA citizen and am wondering if this may be the answer for us!
I work for a multinational company and have spoken to my understanding bosses who have told me they would support me applying to work in our Swiss office. My questions are:
does my fiance's UK visa status affect this right?
is the EEA family permit an automatic right, subject to the 3 written reasons for refusal, or does he have to be residing in the UK or another member state already for this ruling to apply?
can we apply for the EEA Family Permit direct from the Swiss Embassy in Cairo if I get a job in Switzerland and can prove I can support him or will he have to apply for a visit visa first (and is this likely to be refused because of UK status) and then apply for the EEA FP once he has arrived?
What I don't want to do is start arranging a move to Switzerland if he has no opportunities or rights to join me there automatically anyway.
Happy to provide further info if that would help but would appreciate any advice on the above or best way to go about this.
Thanks, in advance,
J