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Looking for some guidance

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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xigua26
Newly Registered
Posts: 2
Joined: Sat Sep 23, 2017 12:28 pm
United States of America

Looking for some guidance

Post by xigua26 » Sat Sep 23, 2017 12:46 pm

I am an American national who was living in China where I met my fiancee who has both French and American citizenship. We both lived in China for 4 years and would now like to settle in the UK. (I will have a part time MBA program in London, but because it is part time it does not provide a high enough visa for me to have the right to work) My fiancee and I will be married in 2 weeks in Copenhagen where we have some friends. She also has a job offer for a retail job in London that she would start in 3 weeks. We have recently been staying with our friends in Denmark so we don't have an address or anything in the UK at this time.

We have been looking up a lot of information and even emailed and called the UK visa and immigration office but couldn't get clear answers, so I was hoping that someone may be able to help advise us on a couple of things.

1. Does my wife need to do any formal application to show that she is exercising her treaty rights, or is simply starting her job sufficient?

2. After our marriage would I have to go to the US to apply for an EEA Family Permit or can I do that from Denmark before entering the UK?

3. Should my wife apply for a Residence card in the UK to help my case?

4. Based on these circumstances does it seem likely that I would be approved and granted the right to work within a month after the initial application for the EEA Family Permit?

5. I believe that I would be recommended for me to apply for a residence card as soon as I arrive in the UK, do they provide the Certificate of Application immediately? and does the COA seem to make significant different to employers when considering employability?

We would appreciate any help that anyone can offer on these issues, because we are thoroughly confused by all the different information we have seen/received.

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: Looking for some guidance

Post by secret.simon » Sat Sep 23, 2017 1:48 pm

To start with, wrong forum. This forum is to discuss the outcome of the Brexit referendum, not generic questions on EEA migration to the UK, which go here.

Suggestion to the moderators and admins - Perhaps this specific forum should be moved to between the "United Kingdom-Non Tier" and the "Immigration to Other Countries" categories. That would reduce (but not eliminate) the likelihood that any and all sundry queries are placed here.

Returning to the OP
xigua26 wrote:
Sat Sep 23, 2017 12:46 pm
1. Does my wife need to do any formal application to show that she is exercising her treaty rights, or is simply starting her job sufficient?
Starting the job should be sufficient. But she will likely need her first payslip to prove that she is working in the UK.
xigua26 wrote:
Sat Sep 23, 2017 12:46 pm
2. After our marriage would I have to go to the US to apply for an EEA Family Permit or can I do that from Denmark before entering the UK?
I believe that you can apply from any country where you are legally resident. But the catch is that for you to be legally resident in Denmark as the spouse of an EEA citizen, the EEA citizen must also be resident in that country. I will step aside for others to advise on this specific point.
xigua26 wrote:
Sat Sep 23, 2017 12:46 pm
3. Should my wife apply for a Residence card in the UK to help my case?
She can apply for a (non-biometric) Residence Certificate. Once you arrive in the UK, you can apply for a (biometric) Residence Card. Neither are legally obligatory, but the latter would make your life in the UK much easier. Your wife's Residence Certificate or lack thereof will have no impact on your applications for a Family Permit or a Residence Card.
xigua26 wrote:
Sat Sep 23, 2017 12:46 pm
4. Based on these circumstances does it seem likely that I would be approved and granted the right to work within a month after the initial application for the EEA Family Permit?

5. I believe that I would be recommended for me to apply for a residence card as soon as I arrive in the UK, do they provide the Certificate of Application immediately? and does the COA seem to make significant different to employers when considering employability?
The team dealing with EEA applications at the Home Office is under the cosh due to the surge in EEA applications post-Brexit referendum. Although there is a legal requirement for Residence Cards of EEA citizens to be issued within six months, there are reports and posts on these forums of them taking much longer than six months. I am sure that some of those who have been through the process can advise you about any delays with the CoA.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

xigua26
Newly Registered
Posts: 2
Joined: Sat Sep 23, 2017 12:28 pm
United States of America

Re: Looking for some guidance

Post by xigua26 » Mon Sep 25, 2017 10:02 am

I'm sorry for posting on the wrong board, but thank you all very much for your help. I really appreciate it.

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