Going to Uk from Italy with Brazilian wife

stefancamargo · Post by **stefancamargo** » Sat Apr 23, 2011 7:23 pm

Hi, plz, IÂ´m italian and my wife brazilian. WeÂ´d like to live in the UK so my question is, can she aplply from Italy or she must apply from Brazil? And as IÂ´m not living in Uk as a resident, is it possible? or should I go first and apply for resident, find an accomodation etc?
Thanks

boloney · Post by **boloney** » Sat Apr 23, 2011 7:51 pm

stefancamargo wrote:Hi, plz, IÂ´m italian and my wife brazilian. WeÂ´d like to live in the UK so my question is, can she aplply from Italy or she must apply from Brazil? And as IÂ´m not living in Uk as a resident, is it possible? or should I go first and apply for resident, find an accomodation etc?
Thanks

did you search forum for answers to your question?

stefancamargo · Post by **stefancamargo** » Sat Apr 23, 2011 8:32 pm

yes but I havenÂ´t found it. seriosly, I get very lost with so much information in this forum and when I see the official border agency site, I donÂ´t find my situation there. IÂ´ve seen this in ukvisabureau.com

EEA Family Permit Requirements (for non-EU citizens outside the UK)

The EU citizen intends to exercise their Treaty rights in the UK (employment, self-employment, study, self-sufficient, etc)
The couple must be legally married to each other / in a civil partnership with each other
They must have met each other
They must intend to live together
The couple must be travelling to the UK together or the EU citizen should already be in the UK

YES! we intend to live there, but where are the conditions for that? I know people who are already in Uk must prove that they are exercising treaty rights in UK, they must prove that they have adequate accomodation, but what about people who intend to go, IÂ´m not working there, I donÂ´t have accomodation, we Just have money. So what are the real requirements? Sorry, I canÂ´t find in this forum

keffers · Post by **keffers** » Sat Apr 23, 2011 8:36 pm

Has she got residency in Italy on account of your nationality?

I am aware of someone in a similar situation who obtained a 5 year residency permit to stay in Italy (Brazilian wife of Italian national), who then came to the UK with her husband without any problems.

Plenty of info on the forum dealing with this type of situation.

stefancamargo · Post by **stefancamargo** » Sat Apr 23, 2011 8:44 pm

no, at the moment she is here as a tourist...

jrge · Post by **jrge** » Sat Apr 23, 2011 9:28 pm

There are my 2 centsâ€¦.

Whether youâ€™re living in Italy or Brazil, and according the HO web site, she should apply to obtain a family permit http://www.ukvisas.gov.uk/en/howtoapply ... s#22715004. This is a clearance to enter the UK; will be valid for 6 months and sheâ€™d be able to legally work.

After you enter the UK, you have a 3 months of â€œfree stayâ€

stefancamargo · Post by **stefancamargo** » Sat Apr 23, 2011 11:01 pm

Thank you very much!!! so just to be sure... she can apply as a tourist here no problem with that?

Post by **vinny** » Sat Apr 23, 2011 11:22 pm

No problem.

jrge · Post by **jrge** » Sun Apr 24, 2011 12:26 am

@ stefancamargo, please share here with the rest of us how you application/process went. (once completed)

stefancamargo · Post by **stefancamargo** » Sun Apr 24, 2011 3:42 am

For sure! thanks once again

stefancamargo · Post by **stefancamargo** » Tue May 03, 2011 1:18 am

"Applications for visit visas and EEA Family Permits can be made at any post designated by the Secretary of State to accept applications for entry clearance. The applicant will need to be in the third country or territory in accordance with that country or territory's immigration laws.
Applications for all other types of entry clearance, including PBS* and settlement (*see tier 5 exception below) should be made in the applicant's country of residence. 'Country of residence' is not necessarily their country of origin and refers to wherever the applicant has permission to reside, e.g. for work or study purposes. Many countries will issue overseas nationals with residency cards in these cases. An applicant who has permission to stay in a country as a visitor for 6 months, for example, is not a resident.
Paragraph 28 of the Immigration Rules states that:
'An applicant for an entry clearance must be outside the United Kingdom and Islands at the time of the application. An applicant for an entry clearance who is seeking entry as a visitor must apply to a post designated by the Secretary of State to accept applications for entry clearance for that purpose and from that category of applicant. Any other application must be made to the post in the country or territory where the applicant is living which has been designated by the Secretary of State to accept applications for entry clearance for that purpose and from that category of applicant. Where there is no such post the applicant must apply to the appropriate designated post outside the country or territory where he/she is living'."
http://www.ukvisas.gov.uk/en/ecg/ecbasics/wheretoapply

so, this means, No... she cannot aply as a tourist.

Post by **Directive/2004/38/EC** » Tue May 03, 2011 3:42 am

stefancamargo wrote:so, this means, No... she cannot aply as a tourist.

Huh? This is the wife of an EEA citizen, so she needs to apply for an EEA family permit. And so she can apply from any country.

Applications for visit visas and EEA Family Permits can be made at any post designated by the Secretary of State to accept applications for entry clearance. The applicant will need to be in the third country or territory in accordance with that country or territory's immigration laws.

jrge · Post by **jrge** » Tue May 03, 2011 11:58 am

stefancamargo wrote:"Applications for visit visas and EEA Family Permits can be made at any post designated by the Secretary of State to accept applications for entry clearance. The applicant will need to be in the third country or territory in accordance with that country or territory's immigration laws.

The UK has become very restrictive when it comes to allow entry to immigration offenders, and it means that an individual has gone through an immigration check and in this case, your wife certainly did, didn't she?

stefancamargo wrote: Applications for all other types of entry clearance, including PBS* and settlement (*see tier 5 exception below) should be made in the applicant's country of residence.

This doesn't apply to your wife. She will be applying as the spouse of an EEA.

Post by **Directive/2004/38/EC** » Tue May 03, 2011 12:05 pm

jrge wrote:
stefancamargo wrote:"Applications for visit visas and EEA Family Permits can be made at any post designated by the Secretary of State to accept applications for entry clearance. The applicant will need to be in the third country or territory in accordance with that country or territory's immigration laws.
The UK has become very restrictive when it comes to allow entry to immigration offenders, and it means that an individual has gone through an immigration check and in this case, your wife certainly did, didn't she?

She can be there as a tourist - no problem. This basically just means she can not have entered the country illegally.

jrge · Post by **jrge** » Tue May 03, 2011 12:58 pm

Directive/2004/38/EC wrote:
jrge wrote:
stefancamargo wrote:"Applications for visit visas and EEA Family Permits can be made at any post designated by the Secretary of State to accept applications for entry clearance. The applicant will need to be in the third country or territory in accordance with that country or territory's immigration laws.
The UK has become very restrictive when it comes to allow entry to immigration offenders, and it means that an individual has gone through an immigration check and in this case, your wife certainly did, didn't she?
She can be there as a tourist - no problem. This basically just means she can not have entered the country illegally.

Immigration offenders = Illegal immigrants
Immigration check = legally admitted

I guess we are talking about the same.

Post by **Directive/2004/38/EC** » Tue May 03, 2011 3:26 pm

jrge wrote:Immigration offenders = Illegal immigrants
Immigration check = legally admitted

I guess we are talking about the same.

Pretty much the same thing. But... (Hypothetical discussion follows not related to this OPs situation in Italy)...

Q: Can an EU citizen who is working in a country different from their citizenship be an illegal immigrant into that country?

A: Yes, if they have been declared a threat to national security, public policy or public health. But I think not otherwise.

They could be punished for improper entry, but only in the same way that a citizen of the country could also be punished for doing the same thing.

And the non-EU family member who is traveling with them has pretty much the same rights as the EU citizen. (Which is NOT the case for this OP since they are Italian living in Italian)

stefancamargo · Post by **stefancamargo** » Tue May 03, 2011 5:43 pm

So, she can go the British Embassy in Rome, as a tourist (but legally in the country) and apply without the need to be as a resident in Italy, right? IÂ´m asking again because I had previosly asked this question in another site and recently got that reference I just posted for you... and the person said it wasnÂ´t possible.
anyway, i really believe now that this is possible but weÂ´ll check there in person
Thanks!

Post by **Directive/2004/38/EC** » Tue May 03, 2011 5:52 pm

Remember there are no conditions on you visiting the UK for up to 90 days. During that time you can work and your wife can work (with a EEA FP). If you want to stay longer, you will need to be working at the time (or seriously looking for work).

I tend to think of it as best to structure your initial trip to the UK to check it out for a month or two. And then if it works out, you can stay for longer.

If you apply for the EEA FP and say you intend to stay for (e.g.) 10 years, then they will ask for proof that you are self sufficient or are going to be working in the UK.

stefancamargo · Post by **stefancamargo** » Tue May 03, 2011 6:08 pm

Directive/2004/38/EC wrote:I tend to think of it as best to structure your initial trip to the UK to check it out for a month or two. And then if it works out, you can stay for longer.

If you apply for the EEA FP and say you intend to stay for (e.g.) 10 years, then they will ask for proof that you are self sufficient or are going to be working in the UK.

ok, what I know is that we need to have sufficient funds for the initial period (3 months) until we have a job and support ourselves (so we donÂ´t need to depent on public funds). Do you know how much is acceptable per month? the ideal amount?

Thanks a lot!

Post by **Directive/2004/38/EC** » Tue May 03, 2011 6:12 pm

stefancamargo wrote:ok, what I know is that we need to have sufficient funds for the initial period (3 months) until we have a job and support ourselves (so we donÂ´t need to depent on public funds). Do you know how much is acceptable per month? the ideal amount?

You do not need to show any funds for the first 90 days. Â£Zero.

http://www.ukvisas.gov.uk/en/howtoapply ... s#22715004

Later, when your wife applies for a Residence Card from within the UK, then you will either need to show you are working, or that you have sufficient funds.

jrge · Post by **jrge** » Tue May 03, 2011 11:35 pm

Thanks Directive/2004/38/E that's why you are the guru...By helping stefancamargo you are also helping me, since in a few months I will be going through the same process.

@stefancamargo again, please share here with the rest of us how you application/process went. (once completed)

fysicus · Post by **fysicus** » Thu May 05, 2011 3:10 pm

Why so much trouble for an EEA FP here?

Brazilians are non-visa nationals for the UK, so she can just come on her Brazilian passport and once in the UK apply for a Residence Card.

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Going to Uk from Italy with Brazilian wife

Going to Uk from Italy with Brazilian wife

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