First post...non EEA member partner of EEA member

Is the sponsor an EU/EEA or Swiss national ? To what extent is freedom of movement still restricted for same-sex couples in the EU ? Do you have experience of immigration bureaucracy in other European countries ? Please also visit EU/EEA page in the main website

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Brent
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First post...non EEA member partner of EEA member

Post by Brent » Sun Dec 16, 2012 11:02 am

Hello...my partner is Portuguese exercising his treaty rights living in London. I am Australian living in Sydney. From all I have read is the following assumption correct?
The easiest way for us to be together ( in the UK) is to get married (in Portugal). Once married I can then get the right to live AND (?) work in the UK. Do either of us need to complete and UK Boarder Agency forms? Many thanks

martyn
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Re: First post...non EEA member partner of EEA member

Post by martyn » Sun Dec 16, 2012 2:54 pm

The easiest way for us to be together ( in the UK) is to get married (in Portugal).
Probably.
Once married I can then get the right to live AND (?) work in the UK.
Yes, without restriction, as long as your spouse is living and working in the UK.
Do either of us need to complete and UK Boarder Agency forms?
See here for the process: http://www.uklgig.org.uk/2012_new_rules ... A_national
Any responses on this forum represent the opinion of the writer only
If you need legal advice, see http://uklgig.org.uk/?page_id=100 for a list of solicitors

Brent
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Joined: Sun Dec 16, 2012 10:43 am

Re: First post...non EEA member partner of EEA member

Post by Brent » Sun Mar 10, 2013 1:59 pm

Thanks for the information. I have been reading this Forum and also the UK Boarder Agengy sites and am now getting confused!
My question now is :
When we get married in Portugal I will be travelling back to the UK on my Australian passport. When I do this now I just join the queue get my passport stamped as I am entering the UK on holiday. After getting married do I enter the UK the same way THEN apply for the EEA2? I understand my partner must also apply for EEA 1. Or do I need to apply for the EEA Family Permit? Or am I confused? Many thanks.

Steve2012
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Location: West Midlands

Re: First post...non EEA member partner of EEA member

Post by Steve2012 » Tue Mar 12, 2013 1:22 am

Brent wrote:Thanks for the information. I have been reading this Forum and also the UK Boarder Agengy sites and am now getting confused!
My question now is :
When we get married in Portugal I will be travelling back to the UK on my Australian passport. When I do this now I just join the queue get my passport stamped as I am entering the UK on holiday. After getting married do I enter the UK the same way THEN apply for the EEA2? I understand my partner must also apply for EEA 1. Or do I need to apply for the EEA Family Permit? Or am I confused? Many thanks.
Hi Brent

Your partner doesn't need to apply using EEA1. It can be helpful when he comes to apply for settlement but it's not a compulsory application.

There are a couple of choices for you:

1. Enter as a visitor and then apply using EEA2 - pros are that you don't have to make an application in advance and just enter the UK. Cons - you won't be able to work in the UK unless you're issued with a Certificate of Application (which isn't always issued!) and the process can take 6 months (sometimes even longer)

2. Apply for an EEA Family Permit, enter on it and then apply on EEA2 - pros are that you'll be able to work straight away and you'll be able to work whilst your EEA2 is being processed even if it's still being processed after your Family Permit runs out (it can take 6months for an EEA2 application to be decided). Cons - just one which is that you have to apply before coming to the UK but it's free and shouldn't take too long to be processed.

If it were my application, I'd go for an EEA Family Permit first. Incidentally, the form is VAF5. Paper version is here: http://www.ukba.homeoffice.gov.uk/eucit ... /applying/ but it needs to be completed online at www.visa4uk.fco.gov.uk It's your form but will need your partner's details as well.
Steve

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Steven Grosvenor is an immigration practitioner accredited by the Solicitors Regulation Authority. His participation at UKLGIG forums is completed in his own time and any assistance given on the forums is free of charge.

Brent
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Joined: Sun Dec 16, 2012 10:43 am

Re: First post...non EEA member partner of EEA member

Post by Brent » Tue Mar 12, 2013 12:03 pm

Steve...many thanks. One more question. What exactly is a Certificate of Application and what does it do? I would have thought that once the EEA was being processed I would be unable to look for work anyway. Why is it possible to work with the second of your options yet the first a Certificate of Application may not be issued?
Regards

Steve2012
Posts: 47
Joined: Sat Jan 12, 2013 7:44 pm
Location: West Midlands

Re: First post...non EEA member partner of EEA member

Post by Steve2012 » Tue Mar 12, 2013 1:43 pm

The Certificate of Application is a letter from the UKBA where they acknowledge receipt of your application and it confirms a right to work as guaranteed by European law.

In either case they *should* give a COA with the right to work but there are examples of them not issuing it when entering as a visitor even though they should issue one. The problem arises if you want to work before getting the COA or the decision on the EEA2 application. If you enter as a visitor you can't work until you get the COA or the decision on the eea2 whereas you can work immediately if you have a family permit.

It all comes down to if/when you'd like to work really.
Steve

__________

Steven Grosvenor is an immigration practitioner accredited by the Solicitors Regulation Authority. His participation at UKLGIG forums is completed in his own time and any assistance given on the forums is free of charge.

Brent
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Joined: Sun Dec 16, 2012 10:43 am

Re: First post...non EEA member partner of EEA member

Post by Brent » Tue Mar 12, 2013 1:50 pm

Steve once again many thanks. I am now clearer about the way to make this work. Cheers

Brent
Posts: 7
Joined: Sun Dec 16, 2012 10:43 am

Re: First post...non EEA member partner of EEA member

Post by Brent » Sun Mar 16, 2014 6:26 am

Hello again. I am now ready to begin the process of relocating to the UK and just want to run my scenario by you again. During this year I shall enter the UK on a Tourist Visa maybe three times. Whilst in the UK I shall get proof of address in the UK,open bank accounts, transfer my drivers licence, probably ship to the UK possessions, buy property in the UK with my partner (have not checked those rules yet but will do this on my visits this year). Next year we shall marry in a country that the UK recognizes same sex marriage and return to the UK entering on a Tourist Visa. Once there I will then Apply for my EEA2 Visa. I will have transferred sufficient funds to my UK bank account to not seek employment, and will leave substantial funds in Australia. These funds will be transferred to the UK by 2017. Does this sound like it will work for us. Many thanks

chaoclive
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Joined: Tue Feb 15, 2011 7:05 am

Re: First post...non EEA member partner of EEA member

Post by chaoclive » Sun Mar 16, 2014 12:10 pm

Sounds fine.

However, you may face issues opening a UK bank account on a tourist visa. I'm not sure that it's possible, as they need to see proof of your residence. Again, a utility bill might be enough? Worth asking the banks about this on a visit.

Your finances are of no consequence to your application, nor is your plan to buy property.

The bottom line is that your non-EEA partner (preferably civil partner or spouse) is exercising treaty rights in the UK and complies with the requirements (e.g. comprehensive health insurance for students and self-sufficient people etc.). Make sure that you are keeping all records, e.g. pay slips, work contracts, rental contracts etc.

As Steve said above, you might not get the right to work on the COA if you entreated on a visitor's visa...but then again, if you don't need to work that's not a big deal.

Feel free to check out: http://www.immigrationboards.com for more info.

Brent
Posts: 7
Joined: Sun Dec 16, 2012 10:43 am

Re: First post...non EEA member partner of EEA member

Post by Brent » Wed Mar 19, 2014 3:09 am

Thanks for the tips. I have all ready organised my name on three utility bills for the bank account. When u said...

Make sure that you are keeping all records, e.g. pay slips, work contracts, rental contracts etc.

Do you mean him or me? He is self employed (should he have comprehensive health ins?), has an accountant, pays tax etc....that sort of thing?

Regarding working, my intention is to only work ( if I have to...lol)...once I get official approval to do so.
Cheers

chaoclive
Posts: 123
Joined: Tue Feb 15, 2011 7:05 am

Re: First post...non EEA member partner of EEA member

Post by chaoclive » Wed Mar 19, 2014 10:33 am

You can see here https://www.gov.uk/government/uploads/s ... ideeea.pdf
• If you are self-employed, you need to provide us with documents to show that you are self- employed. Documents that would support this include evidence of paying national insurance contributions, bank statements which show income earned or accountants’ letters.

I meant his records. Again, most of your activity is of no consequence (apart from your proof of residence). Of course, it's always good practice to keep your own records as well.

Self-employed people don't need CSI (only students & self-sufficient people need it).

Again, work is possible when you get your COA (if you're married) or when you get your RC at the latest. My partner doesn't want to work either...seems that you guys have a good excuse: "waiting for my COA/RC" hehe.

Brent
Posts: 7
Joined: Sun Dec 16, 2012 10:43 am

Re: First post...non EEA member partner of EEA member

Post by Brent » Sun Apr 05, 2015 1:04 pm

Hello once more...the wheels are in motion and we get married on May 16 ( in New Zealand). I have read everything that I can and just want clarification that nothing has changed in the rules ( non EEA married partner of EEA member excercising treaty rites living in the UK). Regards

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