Forum Immigration UK


Forum of expats in the Immigration UK: Ask questions and participate to discussions concerning expatriation.

  Search the whole website

  User's Charter  -  Help  -  Terms and Rules  -  Privacy Policy

✎ EN Funded Phd, A8 Spouse, Which VIsa Route?

Discussion in 'Immigration UK' started by markas101, Jul 7, 2010.

  1. markas101

    markas101 New Member

    Joined:
    Jul 7, 2010
    Messages:
    1
    Likes Received:
    0
    Gender:
    Male
    Living In:
    Canada
    Nationality:
    Canadian (CA)
    Languages:
    English
    I'll try to make this as concise as i can.

    I am a canadian citizen married to a dual canadian/estonian citizen and we are currently living in canada with our two daughters (1 and 3 years old, both currently holding canadian passports). I have been accepted to a phd program for sep 2010 in the uk with full funding (ie. International tuition fully paid and a £13600 annual stipend per year for 3 years). My wife has confirmed part-time teaching at the university for next academic year (sep 2010-june 2011).

    We both lived in the uk from sep 2003-jan 2005 and were legally in the country on a work visa through my employer and our canadian passports. My wife worked from march 2004 - jan 2005 full time using her estonian passport (canadian passport and hence work visa were stolen as soon as we arrived in the uk sep 2003).

    Questions:

    1. Do my daughters and i need to apply for an eea family permit or can we enter the uk as canadian citizens visa free and then apply for residence permits (eea2)? We will be travelling with my wife.

    2. Would my wife being legally resident in the uk on april 30 2004 mean she does not need to register under the workers registration scheme based on the below info from the home office 'who does not need to apply to the wrs':

    on 30 april 2004 you had leave to enter or remain in the united kingdom under the immigration act 1971 and that leave was not subject to any condition restricting your employment

    3. More open-ended, but essentially what is the most logical visa route for entry into the uk in this circumstance? If i apply for a student visa is there any advantage vs the eea2 route? We hope to remain in the uk/eu indefinitely following my phd.

    Thanks for any and all advice.
     
  2. Yousafzai

    Yousafzai Addicted member

    Joined:
    Sep 17, 2007
    Messages:
    491
    Likes Received:
    0
    Gender:
    Male
    City:
    London
    Living In:
    United Kingdom
    Nationality:
    Pakistani (PK)
    Languages:
    English, Urdu, Pashto
    1 - Theoretically Yes you can but it can cause several problems including giving the impression to the case worker that you abused the system by entering for visit purposes apparently when you were actually moving to the UK. I know at least one American guy who did the same when moving to Ireland and he got his EEA application successful but I would still strongly advise against that. Why take the risk when you can play it safe ??

    2 - I believe that cause would have applied if your wife was resident in the UK non-stop but since she is returning and I am sure she didn't get a registration certificate for her working from March 2004 - Jan 2005. As far as I understand, she will need to apply for WRS but contrary to what it might look like to you, it can all be done in one day as soon as she has work in the UK.

    3 - The best option would be to get an EEA Family Permit on the basis of your marriage and then, towards its expiry, apply for FMRS or EEA2 depending on what does your wife do and how do you want to go about it once in UK.

    Good luck
     

Share This Page