Spouse Visa - Advice and some questions about my case

[Alex R]

Hello,

My name is Alex, I am a Spanish national currently living in the UK. I got married in Mexico 5 weeks ago and I am trying to bring my Mexican wife to the UK. We are applying for the "Spouse Visa".

First of all, I have accomodation (a 3 bedroom house), but no tenancy agreement as my landlord is my friend, is that ok? (My plan is to mention this)

We are both employed, she has a "home office", which would allow her to keep her current job and keep working in the UK. She has some savings and she also has a share in her Dad's company. I am self-employed, also have some savings, but my income can fluctuate, being very good some months but not so good others. I am currently looking for a full time job as business is quiet at the moment. I am a Spanish Language Tutor, being native always helps to find a job abroad. Is this fine?

Finally, this is what worries me most: my wife spent a month and a half in the UK, she had to leave because after visiting my family in Spain, on our return to the UK an Immigration Officer wasn't convinced of what she told him, almost refused her to enter the UK. He finally let her in but shortened her visitor visa so she couldn't change her return ticket to Mexico. He also wrote a number reference in her passport. My question is: one of the questions in the VAF5 form (6.6) says, "Have you ever been deported, removed or otherwise required to leave any country incluiding the UK in the last 10 years?" According to what I have just explained...should we answer yes or no? How can this affect our case?

Thank you very much in advance

[geriatrix]

He finally let her in but shortened her visitor visa so she couldn't change her return ticket to Mexico.

So she was neither refused, nor deported nor required to leave (other than being required to leave before the expiry date - which every temporary visitor / resident must).

[nonspecifics]

No.

It should not affect your case.

[86ti]

You are obviously not applying for a "Spouse Visa" but rather for an EEA family permit (that distinction is very important). As you are in the UK already, presumably longer than three months, you will have to show that you are exercising your treaty rights. Self-employment is just as fine as being a worker provided either is genuine and effective. There is no accommodation requirement on the EEA route.

[86ti]

Finally, this is what worries me most: my wife spent a month and a half in the UK, she had to leave because after visiting my family in Spain, on our return to the UK an Immigration Officer wasn't convinced of what she told him, almost refused her to enter the UK. He finally let her in but shortened her visitor visa so she couldn't change her return ticket to Mexico.

She would have had all right to stay with you even if the IO has apparently misjudged the situation.

[Alex R]

Thank you very much for your answers, they are very helpful.

I have a question, what´s the difference between a Spousal Visa and an EEA Family Permit (which is what I´m actually applying to)?

Also, my wife wrote my address in the UK when signing her job contract both in February (she was with me for a month and a half, we weren´t married then) and in May (she wasn´t in the UK). Could that be a problem? We thought things were going to be easier and we would be togeter by that time.

Thank you

[Directive/2004/38/EC]

If you are married, and you (the EU citizen) are self employed and living in the UK, your wife has a near absolute right to be in the UK with you.

It does not matter how much you earn, nor anything about your living situation. It does not matter if she works or not.

If she is presently in the UK, then she needs to apply for a Residence Card.

[nonspecifics]

The differences between a spouse visa and Family Permit ( FP)is an £810 fee for the spouse visa.

Also, the spouse visa is under UK immigration rules.

FP is free and under EU immigration rules which is usually much less strict and much easier to get in many ways, if you meet the EU national criteria.

[Alex R]

I'm feeling very confident, thank you for your help.

What about the supporting letter? Do you have to actually post it to the British Embassy or is it enough with just including it with the rest of documents?

[Directive/2004/38/EC]

What about the supporting letter? Do you have to actually post it to the British Embassy or is it enough with just including it with the rest of documents?

Just include it with the application.

Keep the letter short and sweet. Along the lines of:
- I am Swedish
- I live and work in the UK
- I am looking forward to my wife joining me ASAP
-END OF LETTER

[86ti]

The differences between a spouse visa and Family Permit ( FP)is an £810 fee for the spouse visa.

Also, the spouse visa is under UK immigration rules.

Which would apply to the OP only if he was a permanent resident and thus had 'settled' status. The possible advantage would be that ILR could be applied for after 2 years and citizenship is possible after 3 years.

[Directive/2004/38/EC]

Which would apply to the OP only if he was a permanent resident and thus had 'settled' status. The possible advantage would be that ILR could be applied for after 2 years and citizenship is possible after 3 years.

Since the OP is Swedish, the spouse could apply for British citizenship 5 years after entry to the UK (if entered under UK law) and 6 years after entry (if entered under EU law)

[86ti]

Which would apply to the OP only if he was a permanent resident and thus had 'settled' status. The possible advantage would be that ILR could be applied for after 2 years and citizenship is possible after 3 years.

Since the OP is Swedish, the spouse could apply for British citizenship 5 years after entry to the UK (if entered under UK law) and 6 years after entry (if entered under EU law)

The OP claims to be Spanish and a settled person can make use of the UK route which means the timelines I have given above.

[Directive/2004/38/EC]

You are right: Spanish... All those S counties are hard to keep separated... :-)

The possible advantage would be that ILR could be applied for after 2 years and citizenship is possible after 3 years.

Are you saying that the non-EU can apply for citizenship after 3 years in the UK? If so I disagree.

[Alex R]

Yes, I'm Spanish, haha.

I've seen that all documents which are not in English must be translated. Can I do it myself as I have a language degree (but not a translation one) or do I have to hire a certified translator? It'd be brilliant if I could do it myself.

Last week I was thinking of getting a solicitor, but now I think I can sort ourselves out. Thank you very much again.

[Directive/2004/38/EC]

If it does not say that it must be an "official" translator, then do it yourself. What exactly do you need translated?

I do not think there is normally much need to hire a solicitor.

She just needs the original or a copy of your marriage certificate and of your Spanish passport or ID card. And your brief letter. And some proof that you are working in the UK, such as a pay slip or letter from your employer. That is all!

[Alex R]

As much as I know we need to translate every document which is not in English, that is:

-Marriage certificate
-Birth Certificate

I've also read that it must be done by a "certified" translator.

So if it doesn't say "official" I assume that I can do it

[Directive/2004/38/EC]

Why are you providing a birth certificate? Do you have a link to the list of documents and the translation requirement?

[Alex R]

Here's the link to the full application form, the supporting documents are in page 14

http://www.ukba.homeoffice.gov.uk/sitec ... s/vaf5.pdf

[Directive/2004/38/EC]

The list below is for guidance only. It is not a list of documents that you should or must supply.

Evidence of your relationship to your sponsor, e.g. marriage/civil partnership certificate, sponsor’s birth certificate

The only time you need to provide a birth certificate is if the non-EU citizen is a child of you or of your spouse.

In your case you need to provide just a marriage certificate.

Are you filling out the application on paper or online?

[Alex R]

We're doing it both on paper and online. First you have to do it on paper, then online.....and afterwards you have to book an appointment in the British embassy where you have to bring the paper filled form plus all the supporting documents.

Looks like you only have to present the relevant documents, and not every document they suggest.

It is a bit confusing.....

[Directive/2004/38/EC]

So the only special document you need to provide is proof that you (EU citizen) is working. So a pay slip or letter from your employer will generally do.

[Directive/2004/38/EC]

http://www.ukba.homeoffice.gov.uk/eucit ... documents/

[Alex R]

Hello again,

I'd like to thank you for your help once more, my wife's Family Permit has been approved.

But......only for 6 months!! We really don't know why is it for 6 months instead of 2 years.

Anybody has an explanation?

[nonspecifics]

The EEA Family Permit expires 6 months from the date of issue. That's the rules.

UKBA expect any family members intending to stay longer than that to apply for a residence card on form EEA2 once they are in the UK.

This is all under EU Directive 2004 / Immigration Regulations 2006.

Perhaps you are confusing this with the UK immigration rules and leave to remain.