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EEA national and non-EU

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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

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olu
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Posts: 2
Joined: Tue Mar 28, 2006 6:59 pm

EEA national and non-EU

Post by olu » Fri Mar 31, 2006 6:57 pm

I hope you guys could help me with some questions I have.
I'm non-EU national(Ghanian) engaged with an Italian(living in Italy) and
we are planning to get marry soon in Ghana. After the marriage,
we do not want to move our marriage to Italy because of language.
However, she decided to move to UK, to live and work there so that
I can enter UK with EEA Family Pertmit. But, the question is; how long
does she need to live and work in UK before our marriage could be
accepted? Otherwise, is it possible for both of us to move to UK just
after the marriage in my own country, without her excercising Treaty right
in United Kingdom?

Thank you

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Fri Mar 31, 2006 8:42 pm

Hi, it might be useful if you read Chapter 6 of the instructions given to IND staff relating to EEA matters.

From that document you can see that it is possible for you to apply for a UK-issued EEA Family Permit prior to your spouse starting to exercise treaty rights in the UK. However a slight word of warning about that. If your wife is not yet exercising her treaty rights, specifically as an employed person or self-employed person, then there is an additional test to ensure that you, as the third-country national, will not need to claim certain public funds.

Now if it is possible to show sufficient funds to make it clear that no claim to Public Funds will be needed, fine, proceed to make the application for an EEA Family Permit shortly after the marriage has happened. But if there is doubt about the financial aspect it might be best if you wife (as she will be) proceeds to the UK first, gets a job, and then you make the application.

How long employed in the UK before you can make your application? There is no minimum time, but proving the employment exists means having probably at least the first payslip, as well as the contract of employment.
John

olu
Newly Registered
Posts: 2
Joined: Tue Mar 28, 2006 6:59 pm

accommodation

Post by olu » Mon Apr 03, 2006 6:40 pm

Hi John,
I'm very grateful for these infomation you gave me. I think, It would be of a great help in planning our marriage, as we do not want anything to be left undone.
However, in your relpy, you made mention of financial requirement if I choose for option one. Could you please give me infomation about how much funds I may needed?
Is there any diffrence between the contract of employment and confirmation letter from the employer?
Last, what kind of accommodation required for a couple to settle down in UK?

Thank you

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