Forum Immigration UK

[technospirit]

hi,

hope somebody can advise me on this.

I am an indian married to a Lithuanian recently in india. WE were both working for the same employer in UK. I was working in the UK on a TWES permit and came back to my home country this May and my wife resigned and came to marry me this July. She has gone back to the UK and is searching for a job and has a place to stay. I did go thru the home office rules about EEA family permits but was not sure how soon i can join her.

1) Can I join her in the UK now by applying for the EEA family permit or do i have to wait till she gets a job?

2) How long does she has to work there in order for me to join her? She was working for the previous employer for 11 months but they didnt inform her about registering in the Worker Registration Scheme or else she would have completed 12 months and could have got a residence permit.

Please advise as soon as anybody can. Will highly appreciate the help.

[aleks721]

Hi, there has been a discussion here recently about non-EU spouses of EU nationals. I had the same problem as I am Polish and my husband is from out of EU. We called Embassies, Home Office and that's what we learned.

To answer your questions:

1) You can go to the UK and join your wife (even if she still doesn't have a job) but you have to apply for a VISA, not family permit. Family permit works if you travel to the UK TOGETHER with your wife. If you are travelling separately, you need VISA.

2) You can come to the UK even if your wife haven't found job yet. But you can't work yet. What you guys have to do is:
- your wife has to find job for herself and register with Worker Registration Scheme
- After she gets her WRS card, she can apply for your residence stamp (with form EEC3) , which will allow you to work in the UK (I heard this may take up to 6 months)

YOu guys are in the same situation as me and my husband, although my husband used Family Permit as we came to the UK together.

If you have any more question, I'll be glad to help.

Aleksandra

[aleks721]

I suggest this very useful website www.ukvisas.gov.uk especially the part "Do I need visa?"

[petkanov]

You can get an EEA Family Permit if your wife is from new member states. You can get a job with it even if she doesn't work. If she starts a job she has to register with Worker registration Scheme and then you file EEC3 for the stamp in passport. IF she doesn't work at all, but you do, then she can apply for Residence Permit as a Self Sufficient person and a resident document for you. Yes she can be self sufficient through the employment of the non eea spouse. If she is already in the UK and you go to join, you get a EEA Family Permit. If you travel together you also get it. If you go on your own to the UK and she is not there then you get a visa. How do I know all that? I went trhough it with my wife. she is from new member state.

[technospirit]

thanks a lot for ur replies...

I was just wondering if the british embassy asks for our bank statements in order to see if we have enough money or not??

hey petkanov, thanks for ur help as well, what kind of documents did u present to get ur family permit.

Really appreciate ur help.

Cheers!

[aleks721]

Petkanov,
I understand that your wife is from new EU member states (as me) and you are non-EU national (as my husband). The information you are giving here is very different from what I have learned. The UKVISAS.org.uk specifies clearly that If you want to come to the UK independently of your EEA family member, the normal visa requirements apply.
We have been here in UK for three weeks and only I am looking for work as we were told that I have to find work first and apply with WRS. After applying with WRS, I can apply for my husband's residence stamp in his passport which will gie him the right to work. Now what you are saying is completely different. What source of information dfoyou have (Home Office, Embasies, etc)? I mean if what you say is really TRUE then my husband can already start looking for work which would be great! I do hopr you are right. I am gonna start calling Home Office again and ask what they think about that. It seems everybody has different information and Home Office doesn't really know the asnwer to whole EU nationa/non-Eu spouse case.

Aleks

[petkanov]

I went through the whole thing, so yes if you travel independently to the UK, but your wife is there you will get an EEA Family Permit with annotation to join. If you travel together you will get EEA Family Permit. It is very simple. The EEA FaMILY PERMIT allows your non eea national to work right away regardless if you work or not. Lets say that your non eea national husband finds work and you don't. then you can apply for residence permit as a self sufficient person(by having being supported by non eea national job) -yes this is possible I have talked with a caseworker about it. If you find a job, then you have to register for WRS and then your husband will qualify for the stamp. So you have two situations here, but both are very easy.

check http://www.parliament.the-stationery-of ... 423-01.htm

Also chec the immigration website the European Directorate Instructions

[aleks721]

Hi petkanov, I'm Jeff, and just using my wife's username (aleks721) here on the forum. She's been making me read all the replies here on this thread. I'm the non-EEA spouse, I believe we're in similar situations here. Based on your last reply, from what I understand, you're saying that I can work right away. Does this mean that I can start applying for employment, entertain interviews, and eventually accept a job offer and eventually be employed at this moment (considering of course that an offer is in place)?

If yes, then what does my EEA National wife file for if at the start she does not work and it's only me? What form I mean, and what does that form give her/us? What will this form do to her/us? Is it the EEC1 form?

I know the EEC3 is to be filed for by non-EEA family members after the EEA National gets employed and receives her WRS details, as these details (like the WRS reference number) has to be written in the EEC3 form.

Many thanks petkanov!

[technospirit]

hi petkanov, aleks and jeff,

thanks for ur replies and ur suggestions....i am finding them very useful...but i have one question petkanov...

i wrote an email to the solicitor (DUNCAN LEWIS and CO.) which are supposedly the reputed law firms of UK. They have a branck office here in bombay. One of their immigration lawyers advised me that my wife should find a job first and register with WRS then only i can make an application and join her in the uk....

what do u think? coz then the british embassy will question me about us being jobless and inturding into public funds....whats ur take on that??

[polskasweetie]

hi petkanov, aleks and jeff,

thanks for ur replies and ur suggestions....i am finding them very useful...but i have one question petkanov...

i wrote an email to the solicitor (DUNCAN LEWIS and CO.) which are supposedly the reputed law firms of UK. They have a branck office here in bombay. One of their immigration lawyers advised me that my wife should find a job first and register with WRS then only i can make an application and join her in the uk....

what do u think? coz then the british embassy will question me about us being jobless and inturding into public funds....whats ur take on that??

Hi Technospirit! Allow me to answer your questions. You can join your wife already in the UK and apply for the EEA Family Permit, however, you might find it difficult to complete your VAF1 form (EEA Family Permit application form) since you might not be able to submit all documents required.

Let me give you an idea:
I still remember clearly in my head the VAF1 form you need to fill out to apply for the EEA Family Permit. With this form you need to submit the ff:

1. Your passport (to identify you, the applicant)
2. Her passport (to identify her, the EEA National)
3. A letter from your wife, requesting that the UK Embassy grant you the EEA Family Permit. It would be advisable if she was employed so she can state in the letter that she is, and can support you therefore, and that you will not be a public charge to the UK Government (which is what the government wants to make sure prior to approving the permit). If you were employed, she can mention this in the letter as well, because your employment means you have income, and income means you have money to support yourself in the UK.
4. Financial Documents (which can be an employment certification from your work stating that you are employed in that company, what your position is, what your annual salary is, etc, and if you have bank accounts, a letter form the branch manager of your bank to certify that you have one or several bank accounts in the bank and that the accounts have been maintained in satisfactory condition). <--- This might be your red flag, since you seem to be unemployed at the moment.
5. 2 passport sized color pictures on plain or light background, 45mm x 35mm size.
6. A prepaid return envelope so that the UK Embassy can send back the documents you submitted.

If and when you have everything, then submit it to the UK Embassy in your home country via UPS or FedEx Recorded Delivery (and signature confirmation if you can). I don't know how long the processing time is in your home country though.

Hope this helps!

[technospirit]

hi guys,

thanks for your advice but guess what? the solicitors have been telling me that in order for me to join my wife she needs to show enough funds say about 4 to 5 thousand pounds!!

Also, she has got a job but i cant apply to join her until she registers with the WRS and gets her registration certificate..and that takes a lot of time. I dont have a clue if these people are making me apply for settlement since we do not intend to settle in the UK..I dont think they are properly informed as well about EEA family permits...what do u guys think? pls let me know....need your advice....me and my wife are really upset and stressed out after hearing all these requirements....i am sure there is another way out...coz we cant stay far away like this for long...

pls help...

[cassandra]

[1) You can go to the UK and join your wife (even if she still doesn't have a job) but you have to apply for a VISA, not family permit. Family permit works if you travel to the UK TOGETHER with your wife. If you are travelling separately, you need VISA.

Eea family permit is to accompany OR JOIN the eea spouse. You can come alone. My husband joined me from his home country without a problem.

2) You can come to the UK even if your wife haven't found job yet. But you can't work yet. What you guys have to do is:
- your wife has to find job for herself and register with Worker Registration Scheme
- After she gets her WRS card, she can apply for your residence stamp (with form EEC3) , which will allow you to work in the UK (I heard this may take up to 6 months)

again wrong information: you really can work stright away on eea family permit even it is not stated clearly on that. see sticky topic about employment.
and SHE can't apply for YOU. you have to do it by yourself. and you don't have to wait until you get FMRS.

[iwoneczka]

Hi, there has been a discussion here recently about non-EU spouses of EU nationals. I had the same problem as I am Polish and my husband is from out of EU. We called Embassies, Home Office and that's what we learned.

To answer your questions:

1) You can go to the UK and join your wife (even if she still doesn't have a job) but you have to apply for a VISA, not family permit. Family permit works if you travel to the UK TOGETHER with your wife. If you are travelling separately, you need VISA.

2) You can come to the UK even if your wife haven't found job yet. But you can't work yet. What you guys have to do is:
- your wife has to find job for herself and register with Worker Registration Scheme
- After she gets her WRS card, she can apply for your residence stamp (with form EEC3) , which will allow you to work in the UK (I heard this may take up to 6 months)

YOu guys are in the same situation as me and my husband, although my husband used Family Permit as we came to the UK together.

If you have any more question, I'll be glad to help.

Aleksandra

Hi guys
I have the same problem i am polish and my husband is from outside the ue. He is coming to poland on 12 of december. After that we are planning to move to Ireland. Can he go with me to Ireland from poland. I have job offer from there. We got married in the usa is this important for our case.How should we start all of it. I am so confused and if you can give me some advice i will be greatfull.

[wildcat303]

Hi there

I would like to ask somebody who has confirmed info about residency rights for spouse of EU citizen in UK. I am polish, my wife is Cuban. She lives in Cuba now and we await for irish visa for her. Our problem is that she will get visa only for 3 months, to obtain irish residency she has to be EU Member State resident already. It means that if i want to live with her in Ireland i should take her to Poland for couple months and to get polish residency first. ( it mean that i need to leave my job and go to Poland with her) After that we can apply from Poland for irish residency otherwise her application will be refused and she will be forced to leave Ireland.
I can move to UK if there will be easier to obtain residency or long term visa for her.

Info for girl who is married to Non EU citizen and who wants to move to Ireland with him. Forget it!!!!! If you want to do it, you have to apply for long term stay card in Poland for him, otherwise he will be forced to leave Ireland and he will never get work permit.

I love Ireland, but this country is f******. They don't allow me to live with my wife, they force me to leave country and there is no possible to to get visa for her for longer than 3 months until she is not lawfully resident of other EU State. It is crazy, I am desperate, I need to move out but i don't know where. Advice me please ((

[iwoneczka]

Can you give me email so i can be in touch with you. We decided to go Uk not to Ireland because i think is easier for us and maybe later move to ireland because they made this stupid law thet you have to live with your non eu sposuse prior coming to ireland in same other member state. So if we get him family permit from poland when we get to UK he can't work right away? I have to get a job and than got my paperwork done?
Iwona
Thanks a lot!!!!!!

Hi, there has been a discussion here recently about non-EU spouses of EU nationals. I had the same problem as I am Polish and my husband is from out of EU. We called Embassies, Home Office and that's what we learned.

To answer your questions:

1) You can go to the UK and join your wife (even if she still doesn't have a job) but you have to apply for a VISA, not family permit. Family permit works if you travel to the UK TOGETHER with your wife. If you are travelling separately, you need VISA.

2) You can come to the UK even if your wife haven't found job yet. But you can't work yet. What you guys have to do is:
- your wife has to find job for herself and register with Worker Registration Scheme
- After she gets her WRS card, she can apply for your residence stamp (with form EEC3) , which will allow you to work in the UK (I heard this may take up to 6 months)

YOu guys are in the same situation as me and my husband, although my husband used Family Permit as we came to the UK together.

If you have any more question, I'll be glad to help.

Aleksandra

Hi guys
I have the same problem i am polish and my husband is from outside the ue. He is coming to poland on 12 of december. After that we are planning to move to Ireland. Can he go with me to Ireland from poland. I have job offer from there. We got married in the usa is this important for our case.How should we start all of it. I am so confused and if you can give me some advice i will be greatfull.

[iwoneczka]

Hi there


I would like to ask somebody who has confirmed info about residency rights for spouse of EU citizen in UK. I am polish, my wife is Cuban. She lives in Cuba now and we await for irish visa for her. Our problem is that she will get visa only for 3 months, to obtain irish residency she has to be EU Member State resident already. It means that if i want to live with her in Ireland i should take her to Poland for couple months and to get polish residency first. ( it mean that i need to leave my job and go to Poland with her) After that we can apply from Poland for irish residency otherwise her application will be refused and she will be forced to leave Ireland.
I can move to UK if there will be easier to obtain residency or long term visa for her.

Info for girl who is married to Non EU citizen and who wants to move to Ireland with him. Forget it!!!!! If you want to do it, you have to apply for long term stay card in Poland for him, otherwise he will be forced to leave Ireland and he will never get work permit.

I love Ireland, but this country is f******. They don't allow me to live with my wife, they force me to leave country and there is no possible to to get visa for her for longer than 3 months until she is not lawfully resident of other EU State. It is crazy, I am desperate, I need to move out but i don't know where. Advice me please ((

I think what you can do is move to uk, find a job ovethere than bring your wife to UK. If you will leave for some time ovethere with your wife you can move later to ireland because you lived with your non eu spouse in another mamber state. This is what i found on internet i i think i will follow this way. You can also go to this web www.fastUKpermit.com they will give you some help for free.
Polish gril Iwona