In what order ???

[BlueDutchess]

Hello , I have been a memeber of the Dutch section of expatica for years but the UK section of that site site is of not much help yet for what I need to find out and I was glad I found this .

I married my Dutch husband 5 years ago in the US . He obviously a Dutch citizen , I and my daughter, US citizens. We lived for a short time in NL but he wanted to try the US . Now that he's seen/ done the US we are both ready to return although not to the NL . we would both like to come to the UK as the profesion he is in is always looking for someone of his level of experience ( licensed aviation mechanic ) all over the UK ,plus some other personal reasons.

I cant figure by readng in what order I need to do things to be able to accomplish this . The laws change so much . We all have our passports, his Dutch, mine and my daughters American, my youngest daughter was adopted legally by him . We also have everything apostillised ( sp) for the EU. Do we fill out applications here first , have a job secured first ? Is it even possible ?

Thank you

Mods please move this if I have it in the wrong place .

[Plum70]

Bearing in mind the economic climate, the ideal situation would be for your husband or yourself to have a job offer awaiting your arrival to the UK.

Failing this, if you both have sufficient resources to tide you over while you job hunt, then pack up and move to the UK. Within the 1st three months you need not apply for a RC; after this you can, provided that your husband is exercising treaty rights (employment, self-employment, self-sufficiency, studying...).

As a 'non-visa national' you need not apply for prior entry clearance before traveling to the UK.

[BlueDutchess]

Thank you for answering,
Yes this is very possible for him to get a job offer wth what he does . We also have some savings ,but it is absolutely possible for him to have a few . He is one of the lucky ones where his level of services will be needed as long as there are airplanes/helicopters in the sky ... I was thinking we would have to fill out the non EEU family permit and then leave within 6 months .... thank you again very much .

[Plum70]

P.S: I take it that your daughter is also Dutch citizen which is why I did not mention adding her to your RC application once in the UK.

[BlueDutchess]

Oh no Plum she isnt

She is an American citizen that he adopted , my daughter from a previous that he raised from a baby .... I have been reading about this as much as I can find ..... that is probably why I was thinking about the non eeu family permit ,,, Or now it maybe something even harder??

[kabuki]

You must apply for an EEA Family Permit in the US for you and your daughter. Even without the adoption, as your daughter lives with the EEA national, the child is allowed to enter on an EEA Family Permit. The UK requires an EEA Family permit for all non-EEA nationals who wish to join or accompany their EEA family regardless if they can travel visa-free for visits. Technically you are able to travel with just your marriage cert, but the UK will usually want the FP, and since you have a child moving with you, it would be wise to apply.

[e.g. I'm an American residing in Ireland with my Dutch partner. I had to apply for an EEA family permit in Ireland before traveling to the UK. Since I'm residing in Ireland, I had to prove I was legal here. I had an appointment to turn in the application and received my EEA family permit within 10 working days. On my application I stated I would be accompanying my partner, so now we must travel there together.]

Depending on your financial situation, as someone above mentions, you can try and line up a job before moving or you EEA spouse can move over first and look for a job and then you can apply to join him. You can also apply and move together. The application requires all passports to be included, so you will not be able to travel while waiting on the permit. You can fill out the application online, print it and sign it, gather the required documents and set up your appoint with the British Embassy in your area.

Your EEA FP is valid for 6 months. After you arrive your husband will have 3 months to exercise treaty rights (employment, self-employment, self-sufficient, student). Once everything is in place, you can submit an EEA2 application. This will give you a 5 year stamp.

On another note, you may want to look into Dutch citizenship through marriage. I know that there are some circumstances where you can be married and live abroad and still obtain citizenship. As an American you do not have to take the civic exam, and since it would be acquired through marriage, you wouldn't have to give up you US passport either. I don't know how long the process would take, but it could make moving easier. UK and Irish immigration aren't the easiest for EU law.

Best of luck!

[BlueDutchess]

OK this is what I kinda thought .. On a lighter note,, he has actually had a couple of offers in his profession... Last I knew I would have to live in NL 3 years before I could apply for ciizenship but they change laws like socks there so I will absolutely look into possibly obtaining citizenship while living abroad. I know what some people say on the expat boards about obtaining your dutch citizenship but honestly , I really don't care . For me in my case it probably would actually be a good thing .

We just cannot go back to NL his Ex wife of many years makes life just a living he@@. Even if you are living on the opposite end . NL would be the loigical choice but this has gone on for years and none of us wants to deal with it again. ...

I am glad for everyones input on this .If anyone thinks of anything else ,,please do post