Italian living in London + American living in US

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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nicroy
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Joined: Sat May 16, 2015 12:37 am

Italian living in London + American living in US

Post by nicroy » Sat May 16, 2015 2:01 am

Hello,
am an Italian man living in London. I've started a relationship with an American man almost 4 months ago. He has visited me once and am going to visit him in US soon.
As we feel strongly for each other we are already talking about finding ways to live together in the near future and even getting married if that help speeding up the process. Been reading the immigration laws for a while now but am feeling very confused.

If we get married in the US (getting me there first on a Fiance Visa) would I have to live with him 2 years prior to returning to the UK and applying for a Family member Visa for him? As a EU citizen would have still need to have a £18600 job?

Thanks. Nic

martyn
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Location: Nuneaton

Re: Italian living in London + American living in US

Post by martyn » Sun May 17, 2015 8:54 am

If we get married in the US (getting me there first on a Fiance Visa) would I have to live with him 2 years prior to returning to the UK and applying for a Family member Visa for him?
No. You are getting confused with the requirements for unmarried couples under UK immigration rules – known as a ‘durable relationship’ under EU immigration rules.
As a EU citizen would have still need to have a £18600 job?
No. Those are the requirements for an application under UK immigration rules, not EU immigration rules.
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

nicroy
Posts: 5
Joined: Sat May 16, 2015 12:37 am

Re: Italian living in London + American living in US

Post by nicroy » Fri Jun 05, 2015 1:22 am

Thank you for the clarification.

nicroy
Posts: 5
Joined: Sat May 16, 2015 12:37 am

Re: Italian living in London + American living in US

Post by nicroy » Wed Jul 15, 2015 12:12 am

Sorry to bother again..
so here is our plan:

I'll be visiting my bf in USA again in the next few months to get married, then return to UK.
We then need to do a Family permit EEA2 so that he can join me in UK.. so I'm wondering if I need to have a EEA(QP) (exercise treaty rights) document in my hand or the fact that I've lived in UK for almost 15 years and I'm currently working and can provide payslips, employment contract and employer letter will be sufficient for his EEA2 to go trough.

The application for a EEA(QP) which is basically just an "official" confirmation
of my right of residence looks very tedious to do so am wondering if if it necessary in our situation.
Thanks in advance!

martyn
Senior Member
Posts: 3276
Joined: Thu Sep 07, 2006 9:08 pm
Location: Nuneaton

Re: Italian living in London + American living in US

Post by martyn » Fri Jul 17, 2015 4:18 pm

You need to be in the UK to make an EEA2 application. After getting married in the States your partner should apply for the EEA Family Permit which he can get from any British diplomatic post anywhere in the world. They process these very quickly – it used to be about a week but you can check on the Home Office site for current processing times (when selecting visa types choose ‘show all’ and scroll down until you see Family Permit: https://visa-processingtimes.homeoffice.gov.uk/

The EEA(QP) looks like the old EEA1 application. Once in the UK it is possible for you and your spouse to make an EEA(QP) and EEA2 application at the same time and cross reference them. The advantage of completing the tedious EEA(QP) is that it sets out exactly what you need to provide to prove that you are exercising treaty rights. You give them what they ask for and they can’t turn you down. If you don’t make an EEA(QP) application you run the risk of them saying they are not satisfied with whatever evidence you do provided that you are actually exercising treaty tights. I have known this happen on a number of occasions. If you get an Immigration Officer processing the application who is looking for an excuse to reject an application you are making it easier for them.

The other question is if you don’t complete the EEA(QP) what evidence do you need to provide to prove that you are exercising treaty rights, and the answer to that is all the stuff they ask to see on the EEA(QP)! So, to have a relatively hassle free application I would do the EEA(QP).
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

nicroy
Posts: 5
Joined: Sat May 16, 2015 12:37 am

Re: Italian living in London + American living in US

Post by nicroy » Thu Oct 29, 2015 12:40 am

Martyn, thank you for your reply.
So we got married a few weeks ago in US and we are now working on his Family Permit.
I have a few logistic questions I hope someone can help me with:

1) When will the 6 months validity of the Family Permit start from? Is it from the moment it is issued or from the day my spouse enters the UK? (We just wouldn't want to waste useful time needed for the Residence permits which we plan to apply as soon as he joins me)

2) Can we be candid about his intentions to look for a job and apply for residency once he's here? Or shall we pretend he's just visiting me for a few months instead of planning to stay for the full 6 months the Family Permit grants?
Also, as he's planning to leave is current job in US is he better to try to get a non-paid sabbatical instead? Am just worried the officials may not like the "truth" and may find something to reject our application if they think he wants to stay in UK.

3) Do I (the EU partner) really need to show 6 months of transactions in my bank accounts if am not supporting my US husband with money for his trip/UK stay.. or will general balances and a statement just showing the last 6 wages I have been paid in one of the accounts be ok? (Am printing the actual payslips anyhow).
Am guessing on the other hand, my partner will have to show more to satisfy them. Maybe full statements for the last 6 months as they suggest.

4) We are going to include a few photos of us together, a few tickets, screenshots from Skype video chat and messages but no letters or emails as we haven't really done that. How many photos apart one from the wedding shall we include? 5? 10?

Thanks in advance. Nic

martyn
Senior Member
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Joined: Thu Sep 07, 2006 9:08 pm
Location: Nuneaton

Re: Italian living in London + American living in US

Post by martyn » Tue Dec 08, 2015 12:49 pm

Sorry Nic, I have not been able to keep up-to-date on the forum this term
1) When will the 6 months validity of the Family Permit start from? Is it from the moment it is issued or from the day my spouse enters the UK? (We just wouldn't want to waste useful time needed for the Residence permits which we plan to apply as soon as he joins me)
I think it is from date of issue, but as it isn’t a visa as long as you travel before it expires you shouldn’t have any problem.
2) Can we be candid about his intentions to look for a job and apply for residency once he's here? Or shall we pretend he's just visiting me for a few months instead of planning to stay for the full 6 months the Family Permit grants?
If you are married then he is entitled to work as soon as he gets off the plane. They will expect him to be looking for work.
Also, as he's planning to leave is current job in US is he better to try to get a non-paid sabbatical instead? Am just worried the officials may not like the "truth" and may find something to reject our application if they think he wants to stay in UK.
But he is entitled to stay in the UK with you, and work here without restriction.
3) Do I (the EU partner) really need to show 6 months of transactions in my bank accounts if am not supporting my US husband with money for his trip/UK stay.. or will general balances and a statement just showing the last 6 wages I have been paid in one of the accounts be ok? (Am printing the actual payslips anyhow). Am guessing on the other hand, my partner will have to show more to satisfy them. Maybe full statements for the last 6 months as they suggest.
There are no financial requirements under EU immigration rules so you only need to provide them with the information requested on the application form.
4) We are going to include a few photos of us together, a few tickets, screenshots from Skype video chat and messages but no letters or emails as we haven't really done that. How many photos apart one from the wedding shall we include? 5? 10?
I don’t think you even need to provide these as your marriage certificate is a legal document and you are legally entitled to have your spouse with you whilst you are exercising treaty rights in the UK. It is rare for them to reject EU applications on grounds of ‘marriages of convenience’ but they do reject things if you don’t provide them with the exact paperwork required by the application.

Hope all goes well for you.
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

nicroy
Posts: 5
Joined: Sat May 16, 2015 12:37 am

Re: Italian living in London + American living in US

Post by nicroy » Wed Jan 27, 2016 2:30 am

Thanks Martyn.

We did get the Family Permit stamp at the end. The validity for traveling luckily starts from the day we need (in Feb 2016) rather than the issue date (in Dec 2015), meaning we will have 6 full months to sort out my EEA(QP) and his EEA(FM) as soon as my husband gets to London.

In the Family Permit application form we were candid with our intentions for my spouse to try to settle here, look for a job etc. For peace of mind we also did send exactly all the material they suggested. (Photos, emails, skype screenshot, 6 months bank transactions and 6 months payslips, employment contracts, tenancy agreement/letter from landlady)

I'm now working on gathering info for the residencies permits. Another major headache as I have lost some documentation of state benefits I have claimed in the past. I really hope they won't be scrutinise these entries too much.
I'll update on developments and timing because I think this thread may somehow be useful to other people.
Thanks again, nic

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