Working Visa for Non-EU parters

jamborta · Post by **jamborta** » Tue Nov 09, 2010 11:47 am

Hi all,

I have been living in the UK for 6 years now (originally from Hungary), I have a girlfriend from Korea, we are planning to get married next year and work in the UK for a while.
She will need to get a visa, which will be slightly easier (I think) if we are married. My question is - is there something I need to do to make this process less painful (e.g. applying for permanent residency)?

thanks a lot

regards,
Tamas

86ti · Post by **86ti** » Tue Nov 09, 2010 1:32 pm

If she applies under EEA regulations she won't need a visa but rather a Residence Card and possibly an EEA family permit for entrance. Marriage will make it easier but make sure to read this, i.e. prove that you have had a longer relationship. A permanent resident does not need to exercise treaty rights.

jamborta · Post by **jamborta** » Tue Nov 09, 2010 4:31 pm

thanks a lot. that's a great help. we have proof of the relationship for over three years, so it shouldn't be a problem. Looks like I have nothing to do with this now

Guerro · Post by **Guerro** » Tue Nov 09, 2010 7:40 pm

86ti wrote:A permanent resident does not need to exercise treaty rights.

Are you sure? Can you show us a link please?
My wife applied for pr as an eea and she is planning to stop working and do fostering. Will she continue being considered as qualified? Will it affect me when i apply for my pr?
Advice please

86ti · Post by **86ti** » Tue Nov 09, 2010 7:55 pm

Look, the whole point about PR is to essentially obtain the same rights as a British national (except being able to vote in general elections). Carefully read the relevant parts of the Directive (and corresponding parts in the EEA Regulations), in particular Article 16(4). The term 'qualified' has no meaning anymore once PR is obtained as its definition is tightly bound to 'exercising treaty rights'.

jamborta · Post by **jamborta** » Tue Nov 09, 2010 10:27 pm

just to confirm, I need to exercise treaty rights, so that I need to purchase a CSI (as I am a student) and she will be able to apply for Residence Card and an EEA family permit for entrance?

Guerro · Post by **Guerro** » Wed Nov 10, 2010 8:14 am

86ti wrote:Look, the whole point about PR is to essentially obtain the same rights as a British national (except being able to vote in general elections). Carefully read the relevant parts of the Directive (and corresponding parts in the EEA Regulations), in particular Article 16(4). The term 'qualified' has no meaning anymore once PR is obtained as its definition is tightly bound to 'exercising treaty rights'.

Thanks alot for the information. What i understand is that pr is very useful for the holder who is eea. But is there anything to do with the non eea if the eea is a pr holder?
The directive doesn't provide information about this rather than about the eea who has pr

86ti · Post by **86ti** » Wed Nov 10, 2010 8:26 am

As a student you are exercising treaty rights provided that you also have CSI. The EEA FP would only be needed if she is outside the UK but does not have a RC yet. As a Korean national and hence non-visa national she could also try to enter the UK without an FP and present herself as a family member after marriage (with all proof, most notably a translated and certified marriage certificate). I you plan to/can marry while in the UK you would have it obviously easier.

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Working Visa for Non-EU parters

Working Visa for Non-EU parters