Hi,

If she is coming to UK its settlement visa.

Settled means living in the UK lawfully, with no time limit on a person's stay there. This means that the person concerned is settled in the UK and, at the same time that an application is made under the Immigration Rules, is physically present in the UK or is coming there with or to join the applicant and intends to make the UK their home with the applicant.

Who qualifies?
In order to qualify as a husband/wife you must show that:

you are legally married to each other
your husband or wife is living and settled in the UK, or is being admitted for settlement at the same time as you
you both intend to live together permanently as husband and wife
you have met each other
together you can support yourselves and any dependants without help from public funds
you have adequate accommodation, owned or occupied exclusively by you, where you and your dependants can live without help from public funds
your husband or wife is not under 18
You will be allowed to stay in the UK and to work for two years at first. Near the end of this time, if you are still married and still intend to live together, you may apply to stay in the UK permanently.

If you and your spouse have been living outside the UK for four years or more, you will be allowed to enter the UK a for an indefinite period.

If Spain,I do not know theyre immigration laws regarding EU citizens and theyre families.Have a look here@

http://europa.eu.int/youreurope/nav/en/ ... /home.html

Regards

Triple H

 

EEA FAMILY PERMIT IS FOR EU NATIONALS FAMILIES COMING TO UK
(EXCLUDING UK PASSPORT HOLDERS)

http://www.ukvisas.gov.uk/servlet/Front ... 8721068382

 

you lost me mate 8)

 

You can go to Spain with your wife as you are an EEA national. The EEA permit is what the UK issues to the family of an EEA national (excluding UK nationals). For Spain, your wife would need a Schengen visa. You'll still have to prove you can support her if you want to stay long term, but the difference is you can both go there and look for jobs at the same time, as there are no particular conditions on her initial entry, except that she is accompanying you and she gets a visa if she needs one. For the settlement visa in the UK, you will have to be established (ie with accommodation and a job) before she comes.

 

It used to be the case that you couldn't apply for a family permit in the UK if you were British. However:

http://europa.eu.int/youreurope/nav/en/ ... ls/en.html

no longer states that.

The earlier reference was to UK immigration law which is irrelevant in the context of a EEA family permit as it is completely outside UK law.


Arnold

 

The EEA family permit doesn't apply to the spouses of British citizens, unless the British citizen has established himself in another EEA country and wishes to go back to the UK.

If you are British and living in Britain, and your spouse is seeking to join you there, EU law is irrelevant, as you are not exercising any EU right. Therefore, it's handled under UK immigration rules.

 

Thats correct,as far as I know.

 

Furthermore, British citizen who has been living/working in an EU/EEA country other than the UK, for a settlement application, he/she can claim to be an EU/EEA national rather than a British citizen.

Firstly, the holder of a family permit will not qualify for indefinite leave to remain in the UK until they have held a family permit for 4 years (with a settlement visa it’s after 2), and, secondly, as the family permit holder’s rights are derived through the EU/EEA spouse, the permit is only valid whilst the spouse is in the UK.

Only in this case family permit can be given to UK national spouse.

Regards

Triple H

 

There is nothing in the relevant EU law that says you can't exercise EU rights even if you're living in your own country.

The Home Office don't make this easy, but going by EU law as stated by the europa website (ref below), there doesn't appear to be anything to stop you doing that. The HO site is as clear as mud when it says that some of their EU information "might" not apply to UK passport holders.

When I applied for our EU residence permit, I sent off both my UK and Irish passports to the Croydon office so they could easily have said that EU law didn't apply to me because I was British. Don't forget that when you're living in the country of any of your nationalities, national law applies to you ie if a UK citizen can't get one of these permits, I couldn't get one either regardless of my dual nationality. They didn't apply this and I have the residence permit.

So, regardless of what the HO website might imply, I as a British citizen have a european residence permit, complete with expiry date even.


Arnold


http://europa.eu.int/youreurope/nav/en/ ... ly/en.html

 

Actually, it's even better than that. The EU law doesn't require you to be married and in my case, living together was sufficient as per EU law which requires you to prove either that you are a member of the workers family OR have been living with them.

From the europa site:

"proving that you are a dependent member of the employed person's family or that you were living under his/her roof in your country of origin"



Arnold

 

You are not excercising any EU free movement rights by living in Britain as a British person. The EU laws apply where a national of one member state enters another member state.

In the case outlined at the start of this thread, it is UK law that applies, but if the OP decided to go to Spain, as he suggested, then EU law would apply.

 

If you are dual national this would apply to you.

 

I didn't enter the UK to apply. I was born in the UK, have always lived in the UK and applied from the UK for the EU residence permit.

There are two separate aspects of the EU law:
1) the EU family permit. This is a visa which allows your non-EU partner & family into the UK; and
2) the EU residence permit which allows your non-EU partner & family to live in the UK

Obviously you need to move countries to need the family permit. However, you don't to get the residence permit and the EU legislation relevant to that does not exclude a UK national applying for this in the UK.

Also, unless your partner is a UK visa national (ie needs a visa to come to the UK), you don't need the EU family permit. The British consulate may well say that you need a visa if you're coming to stay in the UK but if you don't need a visa to come in for holidays/short stays then it's entirely legitimate to arrive without a visa and immediately apply for the residence permit. My contact in the Home Office told me that this was very common, which is understandable when the likes of the Canberra embassy asking for A$5000 (about £1500) upfront just to apply for the visa (not to mention a minimum of 9 months to process it).

Dual nationality didn't really come into it except that it prompted me to consider the EU residence permit route. Remember that as a UK national living in the UK, UK law applies to me regardless of any other nationality that I might have. Therefore there is no reason why someone British without dual nationality couldn't go down the same route.



Arnold

 

I'm completely and utterly baffled by your posts, Arnold.

What exactly is your advice to the original poster?

 

As dual citizen different rules apply.You were born in the uk and lived all your life,but you hold Irish passport therefore you can get UK residence permit.


Regards

Triple H

 

I don't think that different rules do apply.

As I say, when I'm in the UK, UK law applies to me and they ignore the Irish nationality and vice versa in accordance with international law.

Also, the EU law doesn't distinguish between UK nationals living in the UK and UK nationals living elsewhere in Europe so why couldn't a UK national get the residence permit on behalf of their non-EU partner?



Arnold