Hi all,

I stumbled on this website in my search to find a way to solve the challenge my husband and I are facing right now. I would be really grateful for any advice given. I am a non-EU citizen, resident in the UK for almost 2 years now. I came here on a working-holiday maker visa. My husband is a Spaniard.

I think I should start from the beginning: we were supposed to get married in August/September, but could not, because we didn’t know that the law regarding non-EU citizens (without ‘Indefinite Leave to Remain’) to marry in the UK had changed. We couldn’t apply for a COA, because my husband, then fiancé does not reside in the UK.

I called IND and they said there was nothing they could do, and advised me to go back to my country and apply for a ‘Visit to Marry’ visa, or go to Spain and get married there. I didn’t do that because of Spanish bureaucracy and most of my family are British.

I was really upset about this, but I went back home. I got the visa and we got married.
I thought our Embassy hopping days were over, how wrong I was!! I wrote to the Spanish embassy for an appointment for a residence visa and they wrote me back saying they could not offer me an appointment, because my UK visa was about to expire (January 2005). (I am a Visa National for the EU, and my Schengen visa expired in October) They asked me to renew my Visa.

I called the IND; they said there’s nothing they can do, as they cannot extend my visa to anything because my husband does not live in the UK. They also said they cannot issue me with a work permit as I am not working currently. I left my job shortly before the wedding for my move to Spain.

They said the Spanish embassy should be able to consider the Marriage visa I have. I don’t know if they will, because it’s a type ‘C’ visa, this is valid until March 2006.

Please can anyone help me out? I would like to spend Christmas with my husband. At this rate, it looks increasingly impossible. PLEASE HELP!

 

Hi, Thanks for your reply Bendan

I'm sorry my post seems confusing.

I have two visas in my passport for the UK. I have a working holiday maker visa, which expires in January, and a 'Visit to Marry Visa', which expires in March.

I had to go back home (Nigeria) to get the 'Visit to Marry' visa in September because of the change in the law in February regarding limited time residents. I had a schengen visa, but it expired in October, before we got married in November.

I applied for an appointment for a visa application at the Spanish embassy on Monday (21st) A few days later, they sent me a form that says 'We are unable to offer you a visa appointment (this means any visa appointment - tourist or residence), because your UK visa is about to expire (I sent them only a copy of my Working holiday maker visa, not 'Visit to Marry' visa). They asked me to renew my Working holiday maker visa.

I called IND and they said, because my husband is not resident in the UK, they cant really do much, as they dont have a visa to offer me.

The person I spoke with in the IND said I should tell the Spanish embassy about the 'Visit to Marry' visa. He said they should consider the fact that I am married to a Spaniard. But I know for a fact that MOST EMBASSIES do not attend to you once you do not have a valid residence visa.

I have been back home twice already this year just to sort everything out and satisfy the authorities, do I really have to go again?

 

Thanks a lot for the reply, Triple H. I am currently making plans to return home.

There's one more thing I hope you can also help me with. What is the current law regarding Non EU spouses of EU citizens. The Spanish Embassy in the UK has this statement:

"Under current European legislation, dependants of EU nationals already living in Spain or those wishing to take up residency with their EU spouses, who are themselves holders of passports of any other state outside the EU, may now apply for a residence permit in Spain, without applying for a visa prior to their departure.

Those nationals, holders of passports who require an entry visa to enter Spain, should apply for a visa to allow them to join their EU spouse"

Elsewhere (website of a Spanish Embassy in Singapore), I saw this:

"Under current European legislation, dependants of EU nationals who are holding passports of any other state outside the EU will have to apply for a residence visa before joining their relatives in Spain.

This visa must be applied for IN PERSON at the Consulate BEFORE MOVING TO SPAIN (a residence permit cannot be obtained with a tourist visa once in Spain)"

I feel these statements are contradictory, and to tell you the truth I am looking for the quickest option. I think you know how European Embassies/High Commissions are in African countries and the nightmare many people, especially spouses encounter.

I would like you to advise on what the law is and which stamp I should get on my passport.

Thanks a lot in advance.

 

HI Guys,

I'm sorry my initial post was confusing. I'll start all over again.

· I came to the UK on a working holidaymaker visa – this will expire in January

· I had to go back to my country in September to apply for a ‘Visit to Marry’ visa (valid for 6 months) because my husband, then fiancé does not live in the UK (I could not send his passport with the application, so I could not apply for a COA)

· Now I have two visas for the UK on my passport (Working holiday maker and ‘Visit to Marry’)

· The Spanish Embassy said they couldn’t give me an appointment for a visa because my ‘residence permit’, which is the working holidaymaker visa, is about to expire. They cannot consider my other visa, which expires in March, because it’s a visit visa.

· IND says they can extend my stay here in the UK for six months, but as a visitor. They said everyone’s sort of like entitled to it, if they apply

· When I asked if they was anything else I could apply for, they said it was not their place to tell me what I need to do to stay in the country

· The form they mentioned was the FLR(O), this form has a section that’s ‘Other’, meaning other reasons/purposes not covered by other forms.

Can anyone tell me under what category I should apply?

Another question is can my husband put me on his passport?

I would like a way out of this without going back to my country, my husband called the Spanish embassy there and they told him the residency permit takes about 6 months to complete. I can do that in a week here.

Many thanks in advance for your answers

 

Brownbono,

I dont know how else to explain myself, you probably didnt read the thread from the beginning

I have been living here in the UK for the past 2 years, I am on the NHS and the Electoral Register. In fact I have residence status here, albeit temporary. My husband and I met four years ago, so please rule out 'Marriage of Convinience'. If it was for convinience, believe me I would have all the answers and I would not be in this forum asking you for help.

My brother is British and my mother lives here as well, so you could say I had good reason to want to marry in the UK.

My status in th UK is as a working holiday maker, but I also have a visa allowing me to give notice (which I got from the British High commission in Lagos, as I had previously explained). We are married now.

I am not in any way trying to take advantage of EU laws as you have suggested, you do not know me well enough to make such assumptions.

Contrary to your belief, I have no intention of living here in the UK, so my husband does not not need to establish himself here, futher more, as long as he has sufficient funds to stay here (for a period of 0 - 3 months) and does not intend to draw benefits, he can exercise his 'Treaty Rights'

The issue at hand is that my Residence permit is expiring soon, and the Spanish embassy have asked me to renew it before they can issue me a Spanish Residence visa.

I have been advised on the new forms available on the IND website called 'EEA2'. This is to apply for a Residence document for non-EEA family members of EEA citizens who are already living in the UK. The difference between this and the family permit is that I can apply for it from the UK.

 

Hi Guys,

Thanks a lot for your advise.

This is what I have discovered so far:

· There is no maximum or minimum time to reside here, in fact, the validity of a residence permit is not to be affected by absence from the United Kingdom for periods of no more than six consecutive months or absence from the United Kingdom on military service. (Immigration (European Economic Area) Regulations 2000 (SI 2000/2326))

· Member States may not lay down a fixed amount which they regard as "sufficient resources", but they must take into account the personal situation of the person concerned. In all cases this amount shall not be higher than the threshold below which nationals of the host Member State become eligible for social assistance, or, where this criterion is not applicable, higher than the minimum social security pension paid by the host Member State. (EU Directive on Freedom of Movement 2003)

There is an issue however that I hope you will be able to help me with: In The EC directive on Freedom of movement of EU citizens and their family, there is a part – Chapter III, Article 6 – Right of Residence. This is what it says:

1. Union citizens shall have the right of residence on the territory of another Member State for a period of up to three months without any conditions or any formalities other than the requirement to hold a valid identity card or passport.

2. The provisions of paragraph 1 shall also apply to family members in possession of a valid passport who are not nationals of a Member State, accompanying or joining the Union citizen.

Please can you tell me what this means?

Thank you.

 

Thank you very much for your help, it's much appreciated.

Rhea