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New Zealand citizen married to a uk passport holder

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Callum.a
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Joined: Sat Dec 14, 2013 10:33 pm

New Zealand citizen married to a uk passport holder

Post by Callum.a » Sat Dec 14, 2013 11:18 pm

Long story but it's best I explain it all.
My wife is a New Zealand citizen but her parents are British so she applied and received a British passport.
We wanted to travel/work in UK but decided it would be easier for me to apply for a tier 5 youth mobility scheme rather than a visa through my wife's British citizenship. However my visa was declined due to proof of funds (joint bank account with enough money in it but only had my wife's name not men shown. Once we received my passport back and found it was declined we didn't have time to reapply for another visa before our flights. So we are now in Germany and I can not work anywhere in Europe. The other problem is that wherever I look it says that to apply for a visa to work in any European country I need to apply from my country of residence.
So my questions are:
1. Can I still enter UK to visit using the visitors visa that is automatically given to New Zealand citizens on arrival at a UK border? Even though I have had a visa declined
2. Is there any way of applying/getting any forms of visas to allow me to work in any European countries? Whether I apply for a visa through New Zealand citizenship or through my wife's British citizenship. Ideally an English speaking country but will be happy anywhere.

I read that I could apply for a german family permit through my wife and then technically Germany would become my country of residence so I could then apply for a visa for UK or Ireland.

Any help on this would be greatly appreciated.

Ayyubi72
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Posts: 1197
Joined: Thu May 16, 2013 3:47 pm

Post by Ayyubi72 » Sat Dec 14, 2013 11:28 pm

1. Likely that you will be denied entry.

2. This is a piece of cake. You can live and work in any EEA country (excluding UK) if your wife is exercising treaty rights in that country. You do not need any kind of prior visa to for this. Just land in any country as a visitor, and you have right to work from day one. It is advisable to apply for a residence card as confirmation of your rights from inside the country you choose to live in.

By the way, Ireland is also an EU/EEA country.

Callum.a
Newly Registered
Posts: 16
Joined: Sat Dec 14, 2013 10:33 pm

Post by Callum.a » Sat Dec 14, 2013 11:30 pm

So both of us can fly to Ireland and as long as my wife is working there then I am allowed to work there also? How long does my wife have to be working there to be "excercising her treaty rights"? And how soon do I have to have proof of being allowed to work there?

Also what is involved in getting a residence card? Presume it depends on which country? But advice of getting one in Ireland would be much appreciated

Ayyubi72
- thin ice -
Posts: 1197
Joined: Thu May 16, 2013 3:47 pm

Post by Ayyubi72 » Sat Dec 14, 2013 11:48 pm

You asked for an english speaking country in eea. Ireland is the only other country apart from UK that is english speaking.

How it is going to work is that both of you fly to Ireland. New Zealanders do not need a visa for Ireland. So, if they enter you as a visitor then quietly sneak out of the airport. If they question your intention as a visitor, then tell them your are exercising your free movement rights because you are accompanying you wife who is an EEA citizen. After you have said these magic words, they must allow you to enter, there is no two ways about it. Do carry original marriage certificate to prove you are a "family member of EEA national"

For first three months, EEA nationals do not need to exercise treaty righs, so at the time of your entry they cannot require you to show employment, finances etc.

Once you are in Ireland, then you will make a certain application. I am not clued up about the right terminology used in ireland for their application procedures.

I suggest you check Ireland area on this board about specific queries about Ireland. Post your further queries in the Ireland section.

Learn the magic terms of EEA free movement laws

EEA National
Family member of EEA National
Exercising treaty rights ( employed, self employed, student or self sufficient)

Callum.a
Newly Registered
Posts: 16
Joined: Sat Dec 14, 2013 10:33 pm

Post by Callum.a » Sun Dec 15, 2013 8:49 pm

Would this free movement law work in other European countries? Germany? As in if my wife excersises her treaty rights in Germany, I can then work there also? What if we intend to only stay for a couple of months in Germany?

Ayyubi72
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Posts: 1197
Joined: Thu May 16, 2013 3:47 pm

Post by Ayyubi72 » Mon Dec 16, 2013 8:42 pm

Works in every EEA country and switzerland, but not in UK.

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