UK Husband, American Wife, Residents in Italy

[AmyNF12]

Hello All,

My husband and I are brand new to the UK immigration journey, and our situation is a bit unique, so I am having trouble figuring out exactly where to start.

My husband is a British citizen, and I am American. We were married in the USA 2.5 years ago. (marriage only - we have never lived there together). After we were married, we moved together to Italy, where my husband is based as a Pilot at the airport in Rome. We have lived in Italy for all of our marriage, and I hold a Carta di Soggiorno, or a permanent residence permit in Italy.

My husband has requested a transfer back to the UK for work to be closer to his family. We expect that this will be granted sometime in the Spring. I am beginning the process of putting together my paperwork in anticipation of this.

I am unsure of where to file my original application. I hold a residency card here in Rome with an Italian address, but I am also technically still a resident of the USA, with an American address. I would also like to clarify whether I have to go through the entire immigration process from outside of the UK; Or whether it is possible to receive temporary entry to the UK with my husband, and then complete the paperwork once we are there together. We are unsure of when his company may transfer him, and while we expect it to be later in the Spring, it could be as soon as early March.

Last, can I even begin this process before we have an exact moving date? My husband does have a UK address, but will be here in Italy until he hears otherwise from his company. Will he need to be relocated into the UK before I can submit my application?

Does anyone have experience on the value of using a solicitor or immigration advisor for this process, or is it just as well and efficient to tackle it ourselves?

Thank you so much in advance to anyone who has some insight on any aspect of this. Happy New Year!

Amy

[Casa]

You qualify under the 'Surinder Singh' EU route. This diagram from the BBC may help you to understand. However, ignore the '3 month residency'...from today it will have increased...but your 2.5 years will cover you.
http://www.immigrationboards.com/viewto ... 5&t=138469

[AmyNF12]

You qualify under the 'Surinder Singh' EU route. This diagram from the BBC may help you to understand. However, ignore the '3 month residency'...from today it will have increased...but your 2.5 years will cover you.
http://www.immigrationboards.com/viewto ... 5&t=138469

That is really helpful, thank you so much!

Is the application process the same if we go this route, or is there a different process to follow?

[Casa]

You would apply for an EU resident permit...not a UK spouse visa. Here's a link to the EEA2 application form, but there are others on the forum who are more clued up on the EU route. Remember you'll be applying under 'Surinder Singh' (section 5 on the form)
http://www.ukba.homeoffice.gov.uk/sitec ... /eea21.pdf

[AmyNF12]

You would apply for an EU resident permit...not a UK spouse visa. Here's a link to the EEA2 application form, but there are others on the forum who are more clued up on the EU route. Remember you'll be applying under 'Surinder Singh' (section 5 on the form)
http://www.ukba.homeoffice.gov.uk/sitec ... /eea21.pdf

This is incredibly helpful. I can't thank you enough!

[Casa]

Applying under EU rules will save you a considerable amount of money and your 5 year Residence Permit won't have to be renewed after 2.5 years (as the Uk Spouse visa would).
I've moved this to the EEA route forum where you should get more in-depth advice if you need it.

[EUsmileWEallsmile]

You could apply for a family permit (a type of entry visa). You could also simply move to the UK and apply for a residence card once there (this is the UK's version of the Carta di Soggiorno). Given that you are a not a visa national, you should have no problem entering the UK.

Incidentally, I suspect that you don't yet have permanent Italian residence. This is generally achieved after five years' residence under the terms of directive 2004/38/ec. Moving to the UK would mean that you Italian residence could become invalid. A 12-month absence for important reasons such as work would not affect continuity of residence. This may not be important to you, but thought you ought to know.

Read http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF for details.

[AmyNF12]

You could apply for a family permit (a type of entry visa). You could also simply move to the UK and apply for a residence card once there (this is the UK's version of the Carta di Soggiorno). Given that you are a not a visa national, you should have no problem entering the UK.

Incidentally, I suspect that you don't yet have permanent Italian residence. This is generally achieved after five years' residence under the terms of directive 2004/38/ec. Moving to the UK would mean that you Italian residence could become invalid. A 12-month absence for important reasons such as work would not affect continuity of residence. This may not be important to you, but thought you ought to know.

Read http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF for details.

Thank you for your advice! We have decoded to go the Surinder Singh route. You are correct in suggesting I should not yet have my permanent residency for Italy. When we arrived for my original paperwork processing appointment, we had made some mistakes, had the wrong form, and basically messed everything up a bit. The woman processing me nearly sent us away, but took pity on us at the last minute and decided to help us out. She went and got a different form, helped us fill it out, and sent us on our way. When I arrived to pick up my paperwork a few weeks later, I was handed a "Carta di Soggiorno per Stranieri, a tempo indeterminato - Permanent" It's valid until 2021. I was quite surprised to say the least, as I was expecting something more temporary. Anyhow, I do not think we will be returning to Italy once we move to the UK, but I do appreciate the information either way!

[AmyNF12]

I have one more question about going the EEA route…

When we moved to Rome, my husband continued to work for EasyJet, which is a UK company. However, while living in Italy he is paid in euros, and pays Italian payroll tax, not English payroll tax. He has, in every sense, moved the center of his life here to Italy. He does still own investment property in the UK, and we rent in Italy. Would there be any complication going this route under these circumstances, that anyone might know of?

Thank You!

[Casa]

There doesn't appear to be. You're in a far better position than many who are taking the Surinder Singh route.

[chaoclive]

Super simple case!

Good luck!
CC

PS: Don't forget to update and let us know what happens...

[EUsmileWEallsmile]

I arrived to pick up my paperwork a few weeks later, I was handed a "Carta di Soggiorno per Stranieri, a tempo indeterminato - Permanent" It's valid until 2021.!

You would appear to have been issued with a permanent residence card, albeit perhaps in error. I don't suspect this will ave any negative implications for you whatsoever. For information, permanent residence can be lost with two years' absence.

[EUsmileWEallsmile]

I have one more question about going the EEA route…

When we moved to Rome, my husband continued to work for EasyJet, which is a UK company. However, while living in Italy he is paid in euros, and pays Italian payroll tax, not English payroll tax. He has, in every sense, moved the center of his life here to Italy. He does still own investment property in the UK, and we rent in Italy. Would there be any complication going this route under these circumstances, that anyone might know of?

Thank You!

The domicile of the company worked for should not matter in the least. The important point is that he lived and worked in Italy and you've lived together whist he worked.