EEA Marriage Visa

Mbrou · Post by **Mbrou** » Wed Mar 21, 2012 11:24 am

Hello,

I am a French citizen now living in the UK. I just found a permanent job near London and got my apartment.
I have been married for five years with a Japanese citizen. We have lived together in Japan and Thailand, and she is now in Japan. She will join me this summer.

I was wondering if she eligible to register for an EEA Marriage Visa and, if yes, what do we need to do? What documents do we need? Do we have to pay any fee?

Thank you for your help.

fysicus · Post by **fysicus** » Wed Mar 21, 2012 4:51 pm

I think Japanese citizens can travel to the UK without visa, but in your case she could apply for an EEA Family Permit (using application form VAF5) which is issued free of charge.

She will as supporting documents need the marriage certificate (plus a translation into English if it is in another language), a copy of your passport and proof of your employment in the UK (can be a letter from your employer, or some recent payslips, etc.).

Once she has joined you in the UK she can apply for a Residence Card (using form EEA2).

I see no reason to expect any particular difficulties; your situation seems extremely straightforward. However, please familiarize yourself with all the information on http://www.ukba.homeoffice.gov.uk/eucitizens/

Mbrou · Post by **Mbrou** » Wed Mar 21, 2012 4:53 pm

Thank you very much for your help.
About the application, should we do it online or should she go to the British embassy in Japan?

Post by **EUsmileWEallsmile** » Wed Mar 21, 2012 9:50 pm

Start here

http://ukinjapan.fco.gov.uk/en/

Why bother, your wife will not require a visa for the UK as she's not a visa national.

Mbrou · Post by **Mbrou** » Thu Mar 22, 2012 10:12 am

Thank you for your answers.
I am sorry but I didn't make it clear that she will be living with me in the UK and looking for a job, that is why she will be needing a visa.
Can you work with a EEA Family Visa?

Post by **ca.funke** » Thu Mar 22, 2012 10:52 am

Hi Mbrou,

she will need an EEA-Family-Residence-Permit. This can be applied for once she is in the UK.

There is no need for her to go to the British Embassy in Japan and/or to apply for anything before coming to the UK. She can just enter as a "tourist", and then regularise her permanent status once she´s in the UK.

The whole process will be easy and straightforward.

Rgds,
Christian

Mbrou · Post by **Mbrou** » Thu Mar 22, 2012 10:54 am

Great, thank you. So there is no need for her to take an English test too?

Post by **Jambo** » Thu Mar 22, 2012 11:25 am

ca.funke wrote:She can just enter as a "tourist", and then regularise her permanent status once she´s in the UK.

I would not recommend seeking entry as a visitor if this is not the purpose of her visit.

She can seek entry at the border as a spouse of a EEA national exercising treaty rights in the UK. She will need to provide evidence at the border to prove her case.

If she feel comfortable explaining herself in English at the border, she can do that.

Otherwise, I would suggest she apply for a EEA Family Permit from Japan. The process time is short (less than 10 days) and it is free (although she will need to get to visa office in Tokyo or Osaka to give biometrics).

The EEA Family Permit can be used to show employers her entitlement to work in the UK.

Post by **ca.funke** » Thu Mar 22, 2012 11:27 am

Mbrou wrote:So there is no need for her to take an English test too?

No - her right to join you is based on European law, which (only) requires you (the French citizen) to have a job. With this alone your wife has an absolute right to join you - no further conditions attached. (In reality very little conditions, but they are so rare, not worth mentioning)

Mbrou · Post by **Mbrou** » Thu Mar 22, 2012 12:04 pm

Thank you for everything. I really appreciate the help. I think I now have the informations I need to start the process.

Cheers!

Post by **EUsmileWEallsmile** » Thu Mar 22, 2012 8:26 pm

Mbrou wrote:Thank you for your answers.
I am sorry but I didn't make it clear that she will be living with me in the UK and looking for a job, that is why she will be needing a visa.
Can you work with a EEA Family Visa?

Just to be clear, she is under no obligation to obtain a family permit first whether she wants to work or not. She will be living with you legally as long as she holds a valid passport and you are in the UK. She is not a visa national. She will have no problems boarding a plane.

If she wants to, she can get a free EEA family permit from a UK consulate in advance. She would need to attend a biometrics centre to do so. In theory this would allow her to work, but in practice she may find it difficult to convince an employer.

AFTER entry to the UK, she can apply for a residence permit (EEA2). She will be issued with a certificate of application (COA), which she can use to show employer's that she is entitled to work. She can apply for this straightaway once in the UK and it should take around two weeks.

Post by **EUsmileWEallsmile** » Thu Mar 22, 2012 10:21 pm

Article 5.2 of the directive is the legal basis for non-visa nationals to be absolved from the requirement to have a visa on first entry to a member state.

MelC · Post by **MelC** » Thu Mar 22, 2012 10:35 pm

Mbrou wrote:Thank you for your answers.
I am sorry but I didn't make it clear that she will be living with me in the UK and looking for a job, that is why she will be needing a visa.
Can you work with a EEA Family Visa?

it has been stated that your wife is not a visa national, she can simply arrive in the UK and apply for a residence card as non-EU spouse of EU national ~
she can look for and take any job.

you need to understand that its not a visa as such, and she does not need it anyway.

MelC · Post by **MelC** » Thu Mar 22, 2012 10:37 pm

ca.funke wrote:Hi Mbrou,

she will need an EEA-Family-Residence-Permit. This can be applied for once she is in the UK.

There is no need for her to go to the British Embassy in Japan and/or to apply for anything before coming to the UK. She can just enter as a "tourist", and then regularise her permanent status once she´s in the UK.

The whole process will be easy and straightforward.

Rgds,
Christian

Christian, you need to get the wording correct here, there is no such thing as an EEA Family Residence Permit, she would apply for a Residence CARD.

there is no need for her to enter as a tourist and "regularise" her stay, she can enter as the spouse of an EEA national exercising treaty rights in the UK and start off on the right footing.

Mbrou · Post by **Mbrou** » Tue Mar 27, 2012 11:55 am

Would it be possible to know how long it takes to get the EEA Family Permit from Japan and a list of the document required for the application?

Thank you for your help.

Post by **Jambo** » Tue Mar 27, 2012 12:06 pm

According to the visa processing times published, it's upto 10 days.

See also Applying for a UK visa in Japan.

Documents required are a copy of your French passport, marriage certificate and proof of you exercising treaty rights in the UK i.e. payslips.
That's all.

Mbrou · Post by **Mbrou** » Tue Mar 27, 2012 12:15 pm

Thank you

My wife is Japanese. Does she need to take a test to prove that she can speak basic English? Do we need it for the EEA Family Permit, or the Residence Card?

Post by **Jambo** » Tue Mar 27, 2012 1:04 pm

As previously answered - No.

Being able to speak English is not a requirement under the EEA regulations.

Post by **EUsmileWEallsmile** » Tue Mar 27, 2012 8:11 pm

Nor is the visa according to the directive...

but we've been over this...

Immigrationboards.com: Immigration, work visa and work permit discussion board

EEA Marriage Visa

EEA Marriage Visa