French citizen in UK married to a visitor US citizen in UK

[GiantBM10]

I'm writing this post because I have a cousin of mine who is a USA citizen. He came to the UK to visit his college roommate on a visitor visa. He found true romance one day on a random shopping day with a French girl who's been living in the UK for over 5 years. They dated for sometime and wanted to get married.

They are a perfect match and got married after having to attend a marriage interview by the designated registrar office in Birmingham to prove their marriage was genuine and not sham. They are now officially married with a UK marriage certificate.

Note: the EEA citizen has been living in the uk for over 5 years, employed, has residency and doesn't claim gov't benefits/funds


What is next? What kind of visa does the EU Citizen Applies for to have her non EEA spouse be able to live/work in the UK with her? They live together... Real genuine marriage.
UK residence card? EEA Family Permit? UK residence permit?

Because she is a French citizen, she doesnt fall under the new uk immigration rule of financial requirement of £18,000 to have her non EEA spouse live with her?

Please explain how can her non EEA spouse live/work with her?
Does this fall under EU Treaty Rights in the UK?

[secret.simon]

What kind of visa does the EU Citizen Applies for to have her non EEA spouse be able to live/work in the UK with her? They live together... Real genuine marriage.
UK residence card? EEA Family Permit? UK residence permit?

EEA Family Permit for your American cousin to come and live in the UK with his French spouse.
Then, within six months, Residence Card to live in the UK for five years.

Because she is a French citizen, she doesnt fall under the new uk immigration rule of financial requirement of £18,000 to have her non EEA spouse live with her?

Correct. As an EEA citizen, she is not subject to the UK Immigration Rules.

EU Treaty Rights in the UK?

You may have misunderstood the phrase "treaty rights". The French citizen spouse exercises her treaty rights in the UK by
a) Working
b) Seeking work
c) Studying - requires private health insurance for the purpose of counting for Permanent Residence.
b) Self-sufficient - requires private health insurance for the purpose of counting for Permanent Residence.

After exercising treaty rights for five continuous years in any combination of the above, an EEA citizen (the French citizen spouse) acquires Permanent Residence.

Getting married is not a treaty right

[GiantBM10]

The newly wed is already in the UK with his EEA spouse
- Isn't the family permit for entry clearance only?
- Does the family permit allow the non EEA spouse to work immediately without any restrictions?
- Or does he automatically apply for residence permit since he's already in the country?
Or applies for residence card?

What are the differences with aall these visas?
Can someone explain...

[sandy88]

Hi Giant
Good morning, because your cousin is US national he is does not need visa to visa to visit for 6 months or can meet his fiancée. However, it does not give him permit to work in the UK .

As you have explained, they have married already. According to EEA regulation he wil obtain an automatic residence right if he/she is a direct family member of an EEA citizen. But bear in mind as the previous posts says she needs practice her treaty rights in the UK or PR .

Again your cousin have to submit an application form Category EEA FM in order certify his residence and work rights otherwise UK employers would not offer him a job unfortunately. To obtain RC it cost £65.

There is no financial requirement or accommodation requirement.

Regards

[Wise]

These for you GIANTBM10

As you mentioned that EEA has been in UK working over 5years, ask her to apply for PR card and just keep it in the house just for the sake of being a permanent resident in UK. Apply will all your 5years working P60s and £65.

ALSO YOU MAY APPLY TOGETHER WITH YOUR HUSBAND BY FILLING TWO DIFFERENT FORM WITH ONE GOES WITH YOUR PASSPORT EEA RC HUSBAND OTHER ONE GOES WITH YOUR ID CARD EEA PR FOR THE WIFE.

SIMPLE AS THAT