Moving to UK with a non-EEA spouse and Children

Giedrys · Post by **Giedrys** » Tue Mar 20, 2007 8:39 pm

Hi,

I am an EEA citizen , my spouse is Brazilian and my 2 children are US citizens. Currently we are living in the US waiting for I-485 (permanent residency green card) approval. I have a potential job opportunity in the UK (nothing is set yet, though) and we are thinking about moving to England.
I have a couple of questions. I wold be very thankful if you could help me answer them.
Do I have to have a job offer before I go there?
Do I have to have a job offer before my husband and the children can come with me to the UK?
Where do I file the paperwork?
Does it matter that we are in the US with a pending I-485 application?

Thank you in advance,

Giedrys

Post by **John** » Tue Mar 20, 2007 10:37 pm

I am an EEA citizen

Can you post .... a citizen of what country?

Post by **Directive/2004/38/EC** » Wed Mar 21, 2007 5:33 am

This answer assumes you are citizen of an EU country which is not the UK. It can be more complicated if you are a UK citizen.

Giedrys wrote:Do I have to have a job offer before I go there?

No absolutely not. You and your family have an right to move to the UK to work or look for work or do vacation for up to 3 months. You need to be exercising treaty rights within 6 months, at which point each of the non-EU family can be issued with a Residence Card (good for 5 years).

Giedrys wrote:Do I have to have a job offer before my husband and the children can come with me to the UK?

No absolutely not. See above.

Giedrys wrote:Where do I file the paperwork?

The UK runs an unusual pre-approval scheme called the EEA family permit. You can apply for one (at no cost) from the British Embassy in the US.

Giedrys wrote:Does it matter that we are in the US with a pending I-485 application?

It does not matter to the UK. Please make very sure that it will not impact your I-485 application. It would be a shame to not get the green card because you "moved" to Europe.

Post by **John** » Wed Mar 21, 2007 7:55 am

All very true Directive/2004/38/EC, but at this point in time we have no idea whether the OP is a citizen of an A2 country ... Bulgaria and Romania ... or an A8 national .... or indeed a citizen of one of the older countries of the EEA.

Giedrys, can you post that information please ... you are a citizen of what country?

Wanderer · Post by **Wanderer** » Wed Mar 21, 2007 9:30 am

John wrote:All very true Directive/2004/38/EC, but at this point in time we have no idea whether the OP is a citizen of an A2 country ... Bulgaria and Romania ... or an A8 national .... or indeed a citizen of one of the older countries of the EEA.

Giedrys, can you post that information please ... you are a citizen of what country?

My money's on Lithuania!

Russia · Post by **Russia** » Wed Mar 21, 2007 1:24 pm

Wanderer wrote:
John wrote:All very true Directive/2004/38/EC, but at this point in time we have no idea whether the OP is a citizen of an A2 country ... Bulgaria and Romania ... or an A8 national .... or indeed a citizen of one of the older countries of the EEA.

Giedrys, can you post that information please ... you are a citizen of what country?
My money's on Lithuania!

god forbid if they're British!

Giedrys · Post by **Giedrys** » Wed Mar 21, 2007 5:54 pm

You are right, I am a citizen of Lithuania.
Our I-485 application has been pending for about 6 years now and We don't know how much longer it is going to take. Theoretically it should have been resolved about 3 years ago. But we are still waiting.
Thank you for your answers!

Post by **John** » Wed Mar 21, 2007 7:15 pm

If you are Lithuanian, aren't your children also Lithuanian?

Anyway, your wife (and also your children if they are not Lithuanian) will need to apply for EEA Family Permits. They can do so in the US and need to file form VAF1. There is no application fee.

The EEA Family Permits will be for 6 months. After you all arrive in the UK you personally will need to register under the WRS ... the Worker Registration Scheme ... because you are an A8 national. Near the end of your family's EEA Family Permits they will need to apply on form FMRS (not the usual EEA1, because you will still be registered on the WRS). When you have been registered on the WRS for one year you will be able to apply on form EEA1 for a Residence Permit, and that will confirm that you will be permitted to be employed in the UK without needing to register on the WRS any longer.

Giedrys · Post by **Giedrys** » Wed Mar 21, 2007 9:09 pm

My children were born in the US, so they are US citizens. However Lithuania does not give dual citizenships anymore.

Docterror · Post by **Docterror** » Wed Mar 21, 2007 10:27 pm

Wanderer, you just have to teach me that trick! How and why Lithuania? Was it all in the name?

Wanderer · Post by **Wanderer** » Wed Mar 21, 2007 10:51 pm

Docterror wrote:Wanderer, you just have to teach me that trick! How and why Lithuania? Was it all in the name?

Hehehe

It was the name, I move in Former USSR circles!

-ov and -ova is Russian...

-enko is Ukraine...

-vili and -adze is Georgian...

Not hard and fast but worth a punt....

To be fair at first I was going for Welsh, I read it as 'Gledrys'.....

Post by **JAJ** » Thu Mar 22, 2007 12:13 am

Giedrys wrote:My children were born in the US, so they are US citizens. However Lithuania does not give dual citizenships anymore.

Are you sure that the children are not Lithuanian? You should read Articles 8 and 9 of the Lithuanian citizenship law and contact the nearest Lithuanian Embassy:
http://www.coe.int/t/e/legal_affairs/le ... 202003.pdf

Giedrys · Post by **Giedrys** » Thu Mar 22, 2007 2:22 am

Well, until recently Lithuanians could have dual citizenships. For now, however they suspended issuing Lithuanian citizenship to people of Lithuanian descent who are also citizens of another country.

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Moving to UK with a non-EEA spouse and Children

Moving to UK with a non-EEA spouse and Children

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