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non-EU family members marriage less than 5 years

Posted: Tue Jan 16, 2018 6:14 pm
by moonomid
Hi
I’m new here and I’ve searched through the forum but I couldn’t find my answer.
My girlfriend is Canadian and she has been living in UK since 2010, but unfortunately she can’t apply for settle in UK (after 5 years of working) due to changing her visa (tier 2 to tier 5 - Youth Mobility) and also settle long residence in 2020 due to more than 540 days outside of UK .

I’m from EEA but I’m not in UK now and I’m going to move to UK. If I find a job in UK and then we get married next year, can she apply for non-EEA family members residence card (although I've not lived in UK for 5 years)?
If yes then how many years should we together (or married) that can she apply it?

Thanks in advance

Re: non-EU family members marriage less than 5 years

Posted: Tue Jan 16, 2018 6:42 pm
by moonomid
I mean : non EEA family member Permanent Residence Card

Re: non-EU family members marriage less than 5 years

Posted: Tue Jan 16, 2018 7:27 pm
by Casa
Your wife would need to complete 5 years of residence as your family member before qualifying for Permanent Residence (PR) under EEA Regulations (as they stand pre-Brexit)

Re: non-EU family members marriage less than 5 years

Posted: Fri Jan 19, 2018 7:14 pm
by moonomid
Hi Casa
First thanks for your reply.
I have other questions :
1- After marriage, can she apply for EEA family member visa in UK (and for how long this visa valid ) ? ( she has a 2 years tier 5 youth mobility visa at the moment)
2-Is it possible to work with the new visa in UK, as a self employed? Can she change her job easily? (not the same problem as tier 2)
3- is the visa valid after Brexit?

Thanks again :wink:

Re: non-EU family members marriage less than 5 years

Posted: Mon Apr 09, 2018 4:04 pm
by talatsiddiqui
After the marriage to you she could apply for a 5 year residence card based on yourself being her husband and qualified. This residence card will allow her to work and/or become self-employed.

I hope that helps