NEED HELP ASAP WITH MARRIAGE VISA I THINK, THANKS!!!!

[djmobeus]

I need some advice and help in getting the appropriate visa for my wife. Here is the history. I am a British citizen; I left the UK over 10 years ago and lived abroad. I married my wife, who is a Moroccan citizen, in 2002 in America and we have been living in Greece since then (as you can tell me both moved around alot). Both my wife and I got EU residency permits while living there. We have a 2 year old son who was born in Greece but has been registered here in the UK and is a British citizen. We decided to move back here to the UK and since we were both living in an EU country and had EU residencies my wife got a 6 month EEA family pass. We got to the UK on the 20/7/2010 and her visa is expiring in December. I had a job lined up before coming here but unfortunately on our arrival to England I was told that the position had been canceled. Due to that we have rented a flat and have paid 6 months in advance since neither of us have any kind of credit rating here in the UK and are living of our savings. I have also been receiving some benefits since arriving (JOB SEEKERS ALLOWANCE, HOUSING/COUNCIL BENEFIT and am waiting for CHILD BENEFIT AND CHILD TAX CREDIT).
While reading about the various visas I have seen that they ask for a good credit rating, a few month’s worth of correspondence and for me not to be receiving public funds. Since I also just moved back to the UK I do not have any of those and I was not aware that I was not supposed to receive benefits.
I am not sure what kind of visa is required for my wife, how to go about receiving it and what to do about the missing paperwork and the benefits. Obviously we need to start these procedures ASAP since I am hoping to find work soon and my wife will be looking after our son.

I am aliitle confused with the benefits issue since some people say it doesen't matter and that it depends on the kind of benefit.

PLEASE HELP, THANKS

[John]

We got to the UK on the 20/7/2010 and her visa is expiring in December.

Well no, she does not have a visa! She has an EEA Family Permit, and the next application she might want to make is for a Residence Card, issued under the terms of the EU Directive.

But she is not even obliged to do that. Applying for a RC is voluntary, but for a non-EEA citizen it is a good idea, because it confirms the rights that are held. But that is it, it conforms the rights that are already held, under the terms of the EU Directive.

While reading about the various visas I have seen that they ask for a good credit rating

Thank goodness then that she will not be applying for a visa!

As regards you, it would help if you get employment .... any employment ... prior to your wife using form EEA2 to apply for a RC. Do you hope to start work soon?

[djmobeus]

I am not sure if she can apply for EEA residency. While we were living in Greece I was an EE resident so she got an EEA family Pass. But now that we are in the UK, from what i read, she can not apply for EEA residency because I am a British citizen and I am not considered a EEA resident here since I am in my own country. This is where i am confused, as an EE resident she gets her EEA residency for free for 5 years but if we apply as me being a British citizen we have to get an FLRM, but then i have the issues stated at the beginning of the discussion.

Thanks

[John]

You have started on the Surinder Singh route, and are perfectly entitled to stay on that route. So EEA2 application for Residence Card is totally OK.

[djmobeus]

Thanks for your fast replies.

Do you know if i can take this route without me being employed yet and being on benefits? I listed the benefits i am receiving above, we have prepaid our rent in advance and have some saved money which we are living off.

Also if we get an EEA2 residency do you know after how many years she can apply for citizenship and if this can be done quicker since i am a british citizen.

Thanks

[John]

Do you know if i can take this route without me being employed yet and being on benefits?

I refer you to the comment made above, namely :-

As regards you, it would help if you get employment .... any employment ... prior to your wife using form EEA2 to apply for a RC. Do you hope to start work soon?