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✎ EN Can you apply for the UK spouse visa while already in the UK
    

Discussie in 'Immigration UK' gestart door kaz1981, 10 nov 2007.

  1. kaz1981

    kaz1981 Member

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    HI, I am married to a non EU citizen and we want to get the UK spouses visa valid for 2 years.

    Is it possible for my husband to come to the UK as a normal tourist and he gets 6 months, and then to go to the home office and apply for the spouses visa there while we are in the UK? Or do we have to apply for it in the place of my husbands residence?

    It would be a lot easier if we could do everything over there.

    Thanks
     
    #1 kaz1981, 10 nov 2007
  2. thsths

    thsths Addicted member

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    Re: Can you apply for the UK spouse visa while already in th

    Since you mention the 2 year spouse visa, I assume that you are British. In that case, the answer is no. You should sort out the visa in the country of your spouse, and you should try to enter the UK within 1 month of the visa being issued. (This is not essential, but it does make the next step easier.)
     
    #2 thsths, 11 nov 2007
  3. kaz1981

    kaz1981 Member

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    Thanks for the reply. Yeah I am british.

    The thing is we are planning on going to Spain and trying to get him papers to work there, that is what we prefer to live and work in Spain. My parent and myself are residents there.

    We just thought that if he has problems in Spain or anything like that it would be easier going to the UK and getting the spouses visa as a back up plan instead of him returning all the way to Mexico.

    I understand it will be more difficult when in the UK to apply for it, but is it possible?

    thanks
     
    #3 kaz1981, 11 nov 2007
  4. thsths

    thsths Addicted member

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    Actually in Spain it should be easier, because you can use the European legislation (Directive 2004/38). And it is free, whereas the spouse visa in the UK is quite expensive.

    I see the reason, but I think it would be rather difficult. If you do not actually live in the UK, his visa might well be refused for that reason. I think you should concentrate your efforts on Spain.
     
    #4 thsths, 12 nov 2007
  5. kaz1981

    kaz1981 Member

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    Thanks for that.

    We are just having a lot of trouble trying to find out info on spain. My lawyer in Spain has said my spouse should get a community resident card from mexico in the spanish embassy. And the spanish embassy here in mexico said they dont even issue it and they dont know what it is, they are being so rude to us. So we are going round in circles. Do you know if my spouse could do all the paperwork for the community resident card while in spain if he went as a tourist. I think its the only option we have as the embassy is ot helping us at all here.

    Do you have a website link with the European law?

    thanks so much
     
    #5 kaz1981, 12 nov 2007
  6. saralfredo

    saralfredo Member

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    Hi Kaz!

    I am an Italian citizen and my husband is Mexican, he came to the UK as a tourist and we were in your same situation, this is what we did:
    If you are an EEA national exercising treaty rights in the UK your husband can come to the UK under a 6-month tourist visa and once he is here you both can apply for a residence card which is valid for 5 years.
    The application form for you will be the EEA1 and the application form for your husband will be the EEA2. Both applications are free of charge, the only inconvenience is that they will keep you passports until they make a decision.
    The application forms that I mentioned before can be found almost at the bottom of the following webpage:
    http://www.ind.homeoffice.gov.uk/applyi ... tionforms/

    We had to wait exactly 1 month and 10 days before getting all our documents back and the residence cards (it might take up to 6 months though, so if you have planned a holiday outside the UK for Christmas I suggest you to apply after your return)
    Now my husband has a 5-year valid residence card which states his right to live and work in the UK.
    I hope you may find this information useful.

    Cheers,
    Sara
     
    #6 saralfredo, 12 nov 2007
  7. kaz1981

    kaz1981 Member

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    Thanks Sara for your comment, its good to know that we can do everything there if the worst happens. Maybe it would also be a bit easier for me as I am british. Fingers crossed.

    You dont know anything about my husband obtaining papers to work and live in spain do you? sorry it is worth a shot.

    thanks

    kaz
     
    #7 kaz1981, 12 nov 2007
  8. saralfredo

    saralfredo Member

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    I am afraid I don't...
    I wish you all the best.

    Sara
     
    #8 saralfredo, 12 nov 2007
  9. thsths

    thsths Addicted member

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    I think the best web site is http://eumovement.wordpress.com/ . There is also information available on Wikipedia and on the web site of the European Commission.
     
    #9 thsths, 12 nov 2007
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