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✎ EN EEA Citizen with Japanese Spouse

Discussie in 'Immigration UK' gestart door eea&japanese, 5 sep 2008.

  1. eea&japanese

    eea&japanese Member

    Lid geworden:
    4 sep 2008
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    Hello everyone.

    I'm an EEA citizen married to a Japanese woman, and we are currently travelling around in Europe, aiming to make the UK our final destination and to settle down there to look for jobs and a home.

    Whilst preparing for going to the UK, I've searched the highs and lows to find information about which visas/permits we need to obtain. What confuses me the most at the moment, is the seemingly big gap between the Home Office and the Border Agency in terms of process. Where the Border Agency has the 'apply from country of residence and then wait for the papers to come through'-approach, the Home Office seems to have the 'come to the UK, apply, and wait here for you papers to come through'-approach. Is my understanding of the broad differences between the two somewhat accurate?

    I found this quote in a stickied post on these forums;
    "4.4. Right of residence in the UK
    EEA family permits issued abroad are usually valid for six months. The family must travel to the UK during this time. Once in the UK, an application should be made by the European spouse/partner to the Home Office", and now I am not sure whether this means that one HAS to have applied from abroad before going to the UK with the intention of settling down, or if one can 'choose' to go to the UK first and apply from within?

    As we are already in Europe, it is 'too late' to apply to the Border Agency in Japan, and we are thus hoping that it is possible for us to go to the UK without the permits and apply from within, with me being an EEA citizen and her being Japanese and thus not in need of a visa to enter the UK. Is this assumption accurate, or will she not be able to go to the UK without the permit from the Japanese mission?

    As our situation is somewhat unusual, I have had some difficulty finding our exact options on the internet, and I would appreciate it greatly if someone could enlighten me and/or guide me to a proper source of information.

    I thank you for your time and your helpful answers.

    Regards,

    Carl.
     
  2. 86ti

    86ti Active Member

    Lid geworden:
    1 mei 2008
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    In principle, you have to apply for a EEA family permit in a British oversea mission before entering the UK. Since Japanese are not visa nationals you could just enter the UK at any time and then apply for a residence card for your wife. But I am not sure how HO would react in this situation.

    Within the EEA you can only apply if you are resident here. In Japan you'll have to apply at the UK Visa Application Centre in either Tokyo or Osaka.

    EDIT:
    Similar cases have been discussed recently here http://www.ukresident.com/forums/index. ... opic=77017
     
  3. eea&japanese

    eea&japanese Member

    Lid geworden:
    4 sep 2008
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    Hi,

    Thank you for your answer and confirming what I thought.

    Does anyone else know how the HO will 'respond' to this?

    Kind regards,
    Carl
     
  4. thsths

    thsths Addicted member

    Lid geworden:
    27 apr 2007
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    Geslacht:
    Man
    Land:
    Verenigd Koninkrijk
    Nationaliteit:
    Duitse (DE)
    Taal:
    Deutsch, English
    I would recommend to apply for an EEA Family Permit. You can do that (at least in theory) in any country where you are legally, especially if it is a European country. The permit gives you evidence of your right of residence, and there is no chance of being refused at the border.

    Yes, it is possible to enter on a tourist visa and then apply for a Residence Card. But this can take a long time (7 to 8 months currently), and during this time you cannot prove your status.

    Tom
     
  5. eea&japanese

    eea&japanese Member

    Lid geworden:
    4 sep 2008
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    Hi again Tom,

    As mentioned, we won't have time to apply for the EEA permit, as we're already in Europe where we've been travelling and never really been in one place long enough to make an application.

    I was wondering though, supposing we're both able to enter the UK, upon making the application(s) (EEA2 in her case), will she be able to work until waiting for the Residence Card to be issued? I remember reading about a confirmation letter from HO saying something about the application being processed, and also, whether employers actually allow this as proof?

    Thanks again.
     
  6. 86ti

    86ti Active Member

    Lid geworden:
    1 mei 2008
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    The Directive allows her to work. The problem, however, is that employers/job agencies want to see proof for that. The CoA you receive after application may be accepted but there are reports that people are still being denied. For some that meant that they had to wait until they had got their RC. You mayl have to keep trying...
     
  7. eea&japanese

    eea&japanese Member

    Lid geworden:
    4 sep 2008
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    Hi all,
    Just a little update and a new question from me.

    My wife and I are now living in London. I am working here, and she has just started looking for work.

    Now, we're about to submit the EEA2 application next week, and I have a question about this which might seem a bit silly.

    In the application leaflet, is it the non-EEA resident that fills out the main section of the form, ie. section 1, page 5 onwards, 'Applicant's details'?

    If yes, then I assume that Section 2 is for 'others' such as children and other family members?

    Furthermore, if yes to both above questions, I would have to (being the EEA national) fill in section 3 (Sponsor)?

    I would appreciate a confirmation, just to make sure we fill in the form correctly.

    Kind regards,

    Carl.
     
  8. Plum70

    Plum70 Well-Known Member

    Lid geworden:
    30 mei 2008
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    Geslacht:
    Vrouw
    Land:
    Verenigd Koninkrijk
    Taal:
    English
    Yes
    Correct
    Yes. Also get your employer to fill in the relevant section and stamp it.
     
  9. eea&japanese

    eea&japanese Member

    Lid geworden:
    4 sep 2008
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    Thanks so much,
    You've been very helpful indeed!
     
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