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Shoptime Help with EEA national bringing non EEA national spouse
    

Discussão em 'Immigration UK' iniciado por SuperKev, 12/8/08.

  1. SuperKev

    SuperKev New Member

    Afiliado:
    12/8/08
    Mensagens:
    1
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    0
    Hi everyone.
    Need some help with sorting out my plans, I am a Portuguese national planning to marry an Indian national in the very near future.
    The 2 key points I want to take care of are:
    Getting her to the UK, where I will be working, as soon as possible, to be with me.
    Making sure she gets EC benefits.

    She is currently in the States. I would like for her to be able to come to the UK as soon as possible when I move there soon after the wedding.
    I have heard that EEA family permits take a long time to process so would a visit visa be the fastest way, and if she applies for the visit visa before the wedding, can she then enter the country on that and have the visa changed in the UK to an indefinite leave to remain based on the marriage papers from the States? Would this be the best option?

    Secondly, we are both doctors. She has given and cleared her USMLES but of course in the UK there is the PLAB exam for people trained in India. The exception is for EEA nationals or people with EC rights, as defined by the GMC in this pdf
    http://www.gmc-uk.org/doctors/documents ... tsheet.pdf

    The issue I have is it states in the pdf that the marriage must have taken place before the EU national exercises his right to remain in the UK.
    I have lived in the UK and worked there from February to August. I am currently out of the country. I did not apply for any residence stamp or anything but my CRB etc was done prior to taking up my post.
    Does this mean she can never benefit from EC rights? Or can I stay out of the country for some amount of time and reenter to reexercise my rights, and have the wedding done before reentering?
    My main issue is how long do I need to stay out of the country? Do I need to at all?

    Any help from you knowledgeable fellows would be very very very much appreciated.
     
    #1 SuperKev, 12/8/08
  2. 86ti

    86ti Active Member

    Afiliado:
    1/5/08
    Mensagens:
    37
    Curtidas Recebidas:
    0
    I think the EEA family permit is the right way to go because the reason is to join the other spouse. EEA family permits are supposed to be dealt with priority. Your local UK embassy should be able to tell you more about processing times.

    The most important thing for applying is that you can support your family. Since you work there that shouldn't be a problem. One problem I see is that you are applying from outside the EU which means that Immigration rules apply. Check chapter 3 of http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/. I am not an expert in this matter so make sure that you check this point carefully, i.e. the fact that you have been married only since recently, that you do not/did not live together for some time and what you might have to do to prove your relationship to be genuine. You may have to satisfy the entrance clearance officer about this point. Try to ask there what they want.

    You will not get ILR on this basis. What you'll get is permanent residence after 5 years of continuously living in the UK.

    I think she can benefit from community laws. I didn't read your link but you may want to read the document linked to above. And, in a recent judgment against Ireland the European Court of Justice declared that the point in time of the marriage doesn't matter as long as it is genuine.

    I don't know anything about the specific requirements of medical doctors.
     
    #2 86ti, 12/8/08
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