EEA National Vietnamese wife moving to UK

[lenny-v]

I just had some questions.
I'm a Dutch National, (passport holder) who has lived in the UK for over 12 years, recently moved to Vietnam and got married to a Vietnamese.

Now my wife and I are moving back to the UK, I will be working there.

Which visa should I use, the EEA national or settlement visa?

will my wife be allowed to work in the UK as I am EEA national not British?

Will she be allowed to study, and would this be overseas fees or home fee's.?

[sakura]

She will (initially) be classified as overseas national for fees purposes - when does she plan to study? Then I can provide a better answer.

How long have you lived in Vietnam (or generally out of the UK)? She can work on either visa (EEA or spouse visa) immediately - no other permission is necessary. If you haven't been out of the UK for long (let's say less than 2 years), you can apply for the spouse visa, but that is a lot more costly than the EEA permit (you pay for the visa, then the Life in the UK test, then ILR, whereas the EEA permit is completely free, including for Permanent Residency).

[lenny-v]

I've been out of the UK for 1 year, she would like to study as soon as possible with 6 months of us returning to the UK which will be around July 2008.

Do both visa's take the same amount of time, does anyone now the timescale? I assume its just formalities of filling in forms, providing necassary paperwork and waiting for approval?

[sakura]

I've been out of the UK for 1 year, she would like to study as soon as possible with 6 months of us returning to the UK which will be around July 2008.

Do both visa's take the same amount of time, does anyone now the timescale? I assume its just formalities of filling in forms, providing necassary paperwork and waiting for approval?

I don't know the time scales, probably the same - she might be called for interview for the spouse visa, though.

You can apply for either the EEA route or the UK route.

If she wants to study, she will be classified as an overseas student. Is she going to university or college? What does she want to study?

[evil_grrrl666]

technically if you go for the eea family permit for your wife, they should process the application quite quickly. i am not sure about vietnam but for instance in india it takes 3 days.

[JAJ]

technically if you go for the eea family permit for your wife, they should process the application quite quickly. i am not sure about vietnam but for instance in india it takes 3 days.

I don't think there is any guarantee on processing times, either way.

[JAJ]

I've been out of the UK for 1 year, she would like to study as soon as possible with 6 months of us returning to the UK which will be around July 2008.

Bear in mind you will lose your Permanent Resident status in the U.K. after 2 years absence. You can still return on your Dutch passport but that will be as a temporary resident for 5 years.

Have you any plan to become a British citizen (although you might well lose Dutch citizenship).

[lenny-v]

She would like to go uni for a Marketing degree, but we can always look at other options.

I might apply for British citizenship if it makes or lives easiar.

Is there any pro and cons between an EEA and a spouse visa?

How long after I start work in the UK should we make the application?

[thsths]

I've been out of the UK for 1 year, she would like to study as soon as possible with 6 months of us returning to the UK which will be around July 2008.

You would have to pay the foreign fees, then, I am afraid.

Do both visa's take the same amount of time, does anyone now the timescale? I assume its just formalities of filling in forms, providing necassary paperwork and waiting for approval?

I think processing times are similar. In theory, the EEA Family Permit should be handled faster, but that may not always be the case.

Under the national law, she would be able to apply for ILR in 2 years (unless it is changed), but under European law that takes 5 years (and she would apply for PR, which is essentially the same). So the spouse visa is faster in the long run.

Tom

[lenny-v]

After what period of time can she pay home fee's?

As I will be looking for work on my return should I wait to make the application after a period of employment in the UK?

We have around 20K in saving and I have kept on my rented accommodation in the UK while here in Vietnam.

Apart from my 1 year spell in Vietnam now. I have been a resident in the UK for the last 12 years, working and paying NI although never applied for resident permit, will this affect our application in any way?

[thsths]

After what period of time can she pay home fee's?

Check http://www.ukcosa.org.uk/files/pdf/info ... s_ewni.pdf . I think she needs to reside in Europe for 3 years for purposes other than studying.

As I will be looking for work on my return should I wait to make the application after a period of employment in the UK?

If you can demonstrate employability, that should not be necessary. And actually the money should be sufficient, too, at least under EU law.

I have been a resident in the UK for the last 12 years, working and paying NI although never applied for resident permit, will this affect our application in any way?

No, you will have permanent residence even if you did not apply for it.

Tom

[sakura]

After what period of time can she pay home fee's?

As I will be looking for work on my return should I wait to make the application after a period of employment in the UK?

We have around 20K in saving and I have kept on my rented accommodation in the UK while here in Vietnam.

Apart from my 1 year spell in Vietnam now. I have been a resident in the UK for the last 12 years, working and paying NI although never applied for resident permit, will this affect our application in any way?

If you want to apply for naturalisation as a British citizen, you would qualify in 2009 or 2010 (depending on when you return). Netherlands don't allow dual nationality in your case, so you should be aware that you would lose your Dutch citizenship if you wish to become British.

She qualifies for home fees after three years' residence in the EU-zone: http://www.ukcosa.org.uk/student/fees_s ... upport.php

So, if you return in July 2008, she would qualify from August/July 2011 or thereafter (unless the rules change).

You shouldn't need proof of employment, if you have those savings you can prove self-sufficiency instead, and make a note that you are employable and seeking work.

[lenny-v]

Would applying for naturalisation help my wife getting permanent residency

[sakura]

Would applying for naturalisation help my wife getting permanent residency

If you apply for the spouse visa, yes. But would you be willing to lose your Dutch nationality?

How old are you and how old were you when you first moved to the UK?

[lenny-v]

IF I apply for EEA family can she still apply? I don't mind losing Dutch nationality, its the same as UK.

I'm 33 moved to UK when I was 19

[lenny-v]

OK I'm trying to draw up a comparision between the 2 visa's

Does it make any difference in my rights – investments, public funds, social supports etc if i am a British citizen would it help my wife to process PR faster?
Means we need to wait till 2010 to start applying for wife's PR? How does it effect the process?
What are the advantages for wife to get PR when married to Brit compared to married to EEA? ie are there any restrictions on PR for EEA?

Does either visa look into wife's finances and is it relevant if I have enough savings?

There is no ILR for EEA only PR after 5 years, is that correct?

Overseas fees is same for EEA and spouse visa, 3 years for both?

Is the travelling restrictions same on EEA and spouse visa?

[sakura]

Investments and other things won't help your wife.

I believe that finances play a part in both applications. It is an even bigger situation for spouse visa applications, though, as it is under the UK's immigration rules.

Permanent Residency (PR) is given to people using the EU regulations and is automatic and free. The EEA residence card can also be retained even when partners separate or divorce.

Indefinite Leave to Remain (ILR) is given under UK immigration laws and is not automatic or free - if you don't make a timely application you would be classed as an overstayer and could be asked to leave the UK. A spouse visa cannot be retained in the event of divorce, and if separated the spouse might not be able to obtain ILR. Spouse visa holders also need to take a test to obtain ILR.

Fees status is three years residence in the EEA.

Travelling restrictions differ slightly - technically, as the spouse of an EEA citizen you can travel together across the EEA without having to apply for a visa. However, most countries and immigration officers won't know about this, and you might be forced to carry a lot of documentation to prove this.

The alternative is getting a visa issued for free from the embassy. This would also be the same for spouses of British citizens.

[John]

This is a cost v time argument!

Applications on the EU/EEA path free ...... PR status after 5 years in UK. Applications on the UK immigration path ... not free .... about £500 initially, then a further at least £750 in a couple of years time .... but that leads to ILR in those couple of years.

Then if you have got your British Citizenship in the meantime, your wife would be eligible to apply for her British Citizenship asking 3 years in the UK if she has gone the UK immigration route, but after 5 years if she went the EU/EEA route.

So as they say, you pays your money and takes your choice.

[vinny]

See also The path to citizenship: next steps in reforming the immigration system.

[JAJ]

Permanent Residency (PR) is given to people using the EU regulations and is automatic and free. The EEA residence card can also be retained even when partners separate or divorce.

Indefinite Leave to Remain (ILR) is given under UK immigration laws and is not automatic or free - if you don't make a timely application you would be classed as an overstayer and could be asked to leave the UK. A spouse visa cannot be retained in the event of divorce, and if separated the spouse might not be able to obtain ILR. Spouse visa holders also need to take a test to obtain ILR.

This is a misleading comparison, with respect.

It is wrong to suggest that those on EEA status can automatically stay if they separate or divorce. It depends on circumstances.

It's also wrong to suggest that those on spouse visa who separate/divorce have to leave. Again - depends on circumstances.

And it omits the different timescale to get permanent residence - 5 years on EEA family permit, 2 years on spouse visa.

[JAJ]

.... I don't mind losing Dutch nationality, its the same as UK.

I'm 33 moved to UK when I was 19

It's not quite the same as British - for example, there is always the risk that immigration control could be reimposed and you might find your British passport doesn't let you live in the Netherlands.

Or if you went to a third country (eg Australia) and wanted to become a citizen there, you would be allowed keep your British citizenship, but not Dutch citizenship (under current laws).

So they are not quite the same. If you feel more British than Dutch, then swapping your Dutch passport for a British one may be a good deal but do be aware that your home will no longer be in the Netherlands. Also be aware that your future children won't be Dutch if you lose your citizenship (but they would be British).

[sakura]

Permanent Residency (PR) is given to people using the EU regulations and is automatic and free. The EEA residence card can also be retained even when partners separate or divorce.

Indefinite Leave to Remain (ILR) is given under UK immigration laws and is not automatic or free - if you don't make a timely application you would be classed as an overstayer and could be asked to leave the UK. A spouse visa cannot be retained in the event of divorce, and if separated the spouse might not be able to obtain ILR. Spouse visa holders also need to take a test to obtain ILR.

This is a misleading comparison, with respect.

It is wrong to suggest that those on EEA status can automatically stay if they separate or divorce. It depends on circumstances.

It's also wrong to suggest that those on spouse visa who separate/divorce have to leave. Again - depends on circumstances.

And it omits the different timescale to get permanent residence - 5 years on EEA family permit, 2 years on spouse visa.

Yes I know that based on circumstances people on the EEA permit might not be able to stay. I should have put "might also be able to retain residency" rather than 'can also be retained". It's not a definite. So excuse me on that one.

And I also am aware of the spouse visa - people can remain based on other circumstances. But generally, I meant that one cannot retain the spouse visa if divorced.

As for timescales - thsths's first post made that clear, so I assumed the OP would already know the timescales for both.

Anyway, lennyv, sorry for not being clearer! I will try and find the links to these things...