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✎ EN Soth African Passport holder marrying EU National
    

Discussion in 'Immigration UK' started by farfromhomeguy, Jan 22, 2006.

  1. farfromhomeguy

    farfromhomeguy New Member

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    Hi,

    Wonder if anyone can clear some issues up for me...

    I understand that you need to apply for in an eea family permit in the country that you are legally resident in i.e south africa.

    I am getting married to an EU national in South Africa but I still have over a year left on my working holiday visa, will I be able to apply for the eea family permit in the UK or will I have to in South Africa.

    I have been told by one visa company that, once I am married my status will have changed and I will be entering the UK illegally therefore i will have to apply for the permit in SA and the residence stamp etc when i return here...

    Can anyone assist, basically all I need to know is can the permit be applied for here in the uk whilst i am still on my working holidsy visa?

    Any info will be greatly appreciated.
     
    #1 farfromhomeguy, Jan 22, 2006
  2. Triple H

    Triple H Addicted member

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    Does he/she have residence permit?
    Whats nationality of your future spouse?

    "
    " Changing status on or after admission to the UK (switching)
    Only in certain very limited circumstances may people who have already been admitted to the UK for one purpose seek to change that purpose for another, e.g for settlement after marriage or civil partnership. All others must leave the UK and make a fresh application for entry clearance (Paragraph 28 of the Rules). Applications for switching, where this is permitted, and requests for an extension of stay where leave to enter has expired (or is about to expire) can be made to the Public Caller Unit of the Home Office. Similarly an IO can vary or extend leave where permitted on arrival in the UK."

    In your case this just about can work,but I am not 100%.All depends .
     
    #2 Triple H, Jan 22, 2006
  3. farfromhomeguy

    farfromhomeguy New Member

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    Hi Triple H

    Thanks for you reply!

    My future wife is a portuguese national and no she does not have a residence permit.

    So the best option would be to apply from back in South Africa?

    Thanks again for your assistance.
     
    #3 farfromhomeguy, Jan 23, 2006
  4. Triple H

    Triple H Addicted member

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    You wont have any problems acquiring family permit from South Africa.
    That would be the best bet.,even thought you could probably do that in the UK.Does your spouse to be live/work in the UK?
     
    #4 Triple H, Jan 23, 2006
  5. farfromhomeguy

    farfromhomeguy New Member

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    Thanks

    Yeah my wife has been in the uk for the past two years on and off... will this make a difference?

    So I can re enter as a working holiday maker and once that expires, return to South Africa and apply for the EEA Family permit?

    From what you said that would appear to be the best option.
     
    #5 farfromhomeguy, Jan 23, 2006
  6. Triple H

    Triple H Addicted member

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    You should make fresh application straight away!
    She is going with you?
     
    #6 Triple H, Jan 23, 2006
  7. farfromhomeguy

    farfromhomeguy New Member

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    thanks,

    not sure what you mean though, she is a dual passport holder i.e south african and portuguese.

    we are getting married in South Africa and returning here soon after we are married as we both have work obligations.

    Are you saying I should apply for the permit straight after we are married, but what if time does not allow and i have to re enter on my holiday visa, can this be done and then apply for the permit at a later stage?

    your assitance is greatly appreciated!
     
    #7 farfromhomeguy, Jan 23, 2006
  8. Triple H

    Triple H Addicted member

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    HI,

    This just about may work for you,you have nothing to loose as you are legaly in the country.
    Once in the UK, immediately apply to IND,with forms EEA1 and EEA2 simultaneously,
    I assume your wife to be works and lives in UK with you.

    Form EEA1
    Use Form EEA1 to apply for a resident permit as confirmation that you are in employment or are self-employed, a student, or economically self-sufficient as a national of the European Economic Area.

    Form EEA2
    Use Form EEA2 to apply for a residence document if you are the spouse or family member of a national of the European Economic Area but are not yourself a European Economic Area national.
     
    #8 Triple H, Jan 23, 2006
  9. Triple H

    Triple H Addicted member

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    That could be it,you just about may get away with it ;)
     
    #9 Triple H, Jan 23, 2006
  10. caha

    caha Member

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    " Changing status on or after admission to the UK (switching)
    Only in certain very limited circumstances may people who have already been admitted to the UK for one purpose seek to change that purpose for another, e.g for settlement after marriage or civil partnership. All others must leave the UK and make a fresh application for entry clearance (Paragraph 28 of the Rules). Applications for switching, where this is permitted, and requests for an extension of stay where leave to enter has expired (or is about to expire) can be made to the Public Caller Unit of the Home Office. Similarly an IO can vary or extend leave where permitted on arrival in the UK."

    Could you share with us the source of that quote? It would be nice to have the official original source when applying for a switch of status.

    I've been getting difference answers as to whether the applicant must or must not leave the country to change their status. In my case, my wife will be changing her working permit status to EEA family member status.
     
    #10 caha, Jan 24, 2006
  11. caha

    caha Member

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    resident permit & income tax consequences

    Are there any tax consequences (ie. higher income taxes) if I apply for the resident permit (EEA1 form)?

    I'm a Spanish Citizen working and living in the UK?
     
    #11 caha, Jan 24, 2006
  12. Triple H

    Triple H Addicted member

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    #12 Triple H, Jan 25, 2006
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