Non-European wife of Irish person in England

[731775208]

Hello there

This is my first post on this forum. My wife is from Thailand and I would like her to come to work in England with me. I am Irish only (not British passport). Can my wife come here on a UK visitors visa and then just stay with me after the visa expires?

I have heard of something about the European Treaty Rights. Apparently, as long as I am working here she is allowed to stay with me. Is that right? She already has a tourist visa (short-term/multiple entry) for the UK which doesn't go out of date til March 2014 so she has enough time to get here. I know she would be able to apply for an EEA family visa but I don't see the need to apply for this since she already has her tourist visa.

Thanks a lot for your kind help.
7

[357mag]

Read Jambos' guide
http://www.immigrationboards.com/eea-ro ... 14867.html

Yep she comes in on her tourist visa

[731775208]

Thank you for the link. However, I haven't seen where it says that a tourist visa (other than an EEA family permit) is enough to enter the UK.

I'm worried that the UK visit visa won't be enough because it is for a fixed period of time. She is a visa-required national

Thanks again

[chaoclive]

Hi there
See this discussion that I started on another forum:

http://britishexpats.com/forum/showthread.php?t=821331

Not sure if this helps

[357mag]

Dont matter what visa she enters on, you will be exercising treaty rights from the moment she lands.
Its you the Irish citizen who has to do everything, establish your address and work. You have the right to have your partner with you.
The normal coversation on here is Brits going abroad to exercise the rights and bring their non EEA partner back in with them. But the details transpose just the same for you.

[Jambo]

Thank you for the link. However, I haven't seen where it says that a tourist visa (other than an EEA family permit) is enough to enter the UK.

I'm worried that the UK visit visa won't be enough because it is for a fixed period of time. She is a visa-required national

Thanks again

The EEA Regulations work differently than "normal" visas. Rights under the EEA Regulations are automatic (for spouse, children) and so permission from the HO is not required. So it doesn't matter how she enters the UK. Once in the UK, she automatically enjoy from the rights of a EEA national family member (assuming you exercise treaty rights such as employment).

[731775208]

Thanks to everyone who has replied. I think it is gon g to work fine then.

Thinking a little farther ahead, is it possible to get a national insurance number and bank account on a tourist visa. I know it will take about 6 months before she can get a residence card. This may be a problem if she can't work or deposit her money into her own account.

Also, is she able to use the NHS on a tourist visa if I'm working here?

Apologies for the mass of questions. Thanks a lot

[731775208]

Thanks to everyone who has replied. I think it is gon g to work fine then.

Thinking a little farther ahead, is it possible to get a national insurance number and bank account on a tourist visa. I know it will take about 6 months before she can get a residence card. This may be a problem if she can't work or deposit her money into her own account.

Also, is she able to use the NHS on a tourist visa if I'm working here?

Apologies for the mass of questions. Thanks a lot

[Jambo]

Once she applies for RC, she will receive within a few weeks a receipt for the application (CoA - Certificate of Application) which will confirm her right to work until a decision is made. This can be used to obtain NINO.

She can also ask for her passport back at any stage and it will not affect the application.

She is entitled to use NHS. I don't think clinics ask for a passport when registering but that might differ from clinic to clinic.

[731775208]

That sounds great.

Thanks a lot for taking time out to answer my questions Jambo (and others).

You're all really helpful!

[chaoclive]

Can the nonEEA national open a bank account with the COA? I've been told by Nationwide that they would need to see the actual RC or long term visa ;(

[731775208]

I don't know about the bank account

[357mag]

The bank should open an account if you can prove residency. A letter or bill showing address should do it, payslips. student card etc.

[Plum70]

She is entitled to use NHS. I don't think clinics ask for a passport when registering but that might differ from clinic to clinic.

Several years back when my husband and I wanted to register at our local GP surgery they asked to see our passports and proof of address. Not to say that this is standard practice everywhere or that they wouldn't have accepted other forms of ID.

In the absence of a passport your wife can provide her CoA, utility bill in both your names and perhaps another foreign ID like a driving licence? Shouldn't be an issue.