Sposual visa - Greek citizen marrying Aust citizen (for UK)

[AustGreek]

What Mr. Rusty wrote would be correct if you were to make an application for leave to remain governed by the Immigration Rules, but yours will be under the relevant European legislation.

Effectively, if you are married to a citizen of an EEA country who is considered to be a "qualified person" in the UK (e.g. worker, self-employed, jobseeker, student, self-sufficient), then you can work from the date of your marriage.

The only problem is that you won't immediately have anything to show a prospective employer which says you can work. However, about 2-3 weeks after you submit your EEA2, the BIA should send you a certificate of application which will confirm you can work until such time as they make a decision.

thanks for your post. apreciated.

there is a "new twist" to the situtation.....

due to a newly arised issue back home in Oz, both my finace (for now, and will be my wife by the time we are leaving the UK) and I will be making a trip back in late April/early May '08, we will have an UK civil ceremony marriage cert in hand by the then, will I be having problems re-entering to the UK in mid May?
As for applying for EEA2 residence card, will I be able to send in a certified copy of my passport, so I can travel during the EEA2 application process time?
Have been trying to call the HO to find out more info, but they have been flat out and I couldnt get through today........ thanks.

[Decus et Tutamen]

You've got two choices. You can either apply for a family permit whilst you are in Australia or you can just turn up at the UK airport and seek entry under Regulation 11(4) of the Immigration (European Economic Area) Regulations 2006 which states:-

Before an immigration officer refuses admission to the United Kingdom to a person under this regulation because the person does not produce on arrival a document mentioned in paragraph (1) or (2), the immigration officer must give the person every reasonable opportunity to obtain the document or have it brought to him within a reasonable period of time or to prove by other means that he is—

....

(b) a family member of an EEA national with a right to accompany that national or join him in the United Kingdom; or

....

[Juninho]

Hi AustGreek,
I was in a similar situation to you - My husband (Greek) and I (Australian) were married in Greece last year while we were living in the UK. I was on my Working Holiday Visa and had to return home to have my Family Permit entry clearance processed so that I could continue working over here once my WHV ran out (it took about 3 weeks to process) since switching was not allowed (not sure if it’s the same for visitor visa). As soon as I returned I applied for my EEA2 Residence Card, which took about 4 months (usually takes about 6, but we applied for EEA1 and EEA2 toegether). You need to send your original passport, but if you need it back they can send it to you within a couple of days (although I'm thinking that would probably hold up your application?)
By the way I would be very cautious in believing everything the Home Office tells you! I received a lot of conflicting information from them when I was trying to figure out if I needed to return home or if I could switch over here.
Good Luck!

[AustGreek]

You've got two choices. You can either apply for a family permit whilst you are in Australia or you can just turn up at the UK airport and seek entry under Regulation 11(4) of the Immigration (European Economic Area) Regulations 2006 which states:-

Before an immigration officer refuses admission to the United Kingdom to a person under this regulation because the person does not produce on arrival a document mentioned in paragraph (1) or (2), the immigration officer must give the person every reasonable opportunity to obtain the document or have it brought to him within a reasonable period of time or to prove by other means that he is—

....

(b) a family member of an EEA national with a right to accompany that national or join him in the United Kingdom; or

....

Hi Decus et Tutamen, thanks for this bit of info. much appreciated.
Can you please attach/link the whole document, so I can have a read of it to understand more?
Thanks.

Hi AustGreek,
I was in a similar situation to you - My husband (Greek) and I (Australian) were married in Greece last year while we were living in the UK. I was on my Working Holiday Visa and had to return home to have my Family Permit entry clearance processed so that I could continue working over here once my WHV ran out (it took about 3 weeks to process) since switching was not allowed (not sure if it’s the same for visitor visa). As soon as I returned I applied for my EEA2 Residence Card, which took about 4 months (usually takes about 6, but we applied for EEA1 and EEA2 toegether). You need to send your original passport, but if you need it back they can send it to you within a couple of days (although I'm thinking that would probably hold up your application?)
By the way I would be very cautious in believing everything the Home Office tells you! I received a lot of conflicting information from them when I was trying to figure out if I needed to return home or if I could switch over here.
Good Luck!

Hi Juninho, thanks for your post .
we have obtained a COA from the HO and have arranged to have a civil ceremony done here in London, so I wont have to get an entry clearance back home in Oz (back then I didnt think I'd have to go back at around this time of the year.... ). Anyway, once we get a marriage certificate, I will send in my EEA2 form with a certified copy of my passport, so I can begin my travl from and to the UK (i will send my passport in to the HO until they reqire it for issuing my residence card). I can see those custom officers giving me hard time coming back to the UK until I have a residence card in my passport.
wish me luck!

[vinny]

Hi Decus et Tutamen, thanks for this bit of info. much appreciated.
Can you please attach/link the whole document, so I can have a read of it to understand more?
Thanks.

The Immigration (European Economic Area) Regulations 2006.

[AustGreek]

The Immigration (European Economic Area) Regulations 2006.

thanks vinny.

[AustGreek]

latest -

flew back into the UK a couple of days ago (Sunday evening). the whole process at Heathrow was quite painless. it was quite surprising after almost 4 weeks travelling between a few countries since receiving the HO letter. (letter received 24/04/08 - application sent 29/03/08)

produced my aussie passport w/ the landing card and the HO letter (Certificate of Application - residence card) with my wife and her Greek passport at the customs desk.

got a nice gentleman, he read my HO letter and understood everything within, and said he had to check with his supervisior on which stamp he should give me. initially he was going to give me a visitors stamp, then realised i will be able to seek employment, so a Code 1 stamp was the correct one - however, a Code 1 stamp will onl;y last 2 months, but he advised that the HO letter will over rule that stamp anyway (WTF?!?).

anyway, i will have to give the HO a call and find out the progress of my application. i still have my passport, so looks like i will have to hand it in soon (they have a copy of my certified passport). still no letter from the HO requesting my passport.

anyone got anything to share re: Code 1 stamp?