EU (non-UK) marrying non-EU vs. unrestricted employment

[evertoexcel]

Hi,

I have a case to share and would greatly appreciate any help or guidance.

Facts:
1. I am an EU national (non-UK) exercising my rights in the UK (currently study, soon employment);
2. My non-EU wife-to-be is currently pursuing a full-time degree in the UK (Tier 4 visa - expiring in January 2013 - allows max. 20h/week work);
3. We intend to get married in September 2012;

Questions:
1/ When will my fiancée be entitled to unrestricted employment in the UK?
2/ How does the transition from Tier 4 to EEA Family Permit work in practice? Does my fiancée need it at all? If yes, what happens to the Tier 4 visa and at what point will it be voided?
3/ How can my fiancée obtain a residence card? Are we supposed to file a joint application or should I first apply separately to support the application of my fiancée?
4/ How long does it take for the residence card application to be processed (up to 6 months?) and what are the costs? Is the £300 scheme for applying in person already introduced?

Many thanks in advance.

[Jambo]

1. Have you lived together in the UK for 2 years? If yes, the HO can recognise your relationship before marriage and she could apply now under EEA regulations.

If you haven't been living together for 2 years, then once your are married, you wife will benefit fro the rights automatically and would be able to work (although she might find employer would like some proof in writing).

2. EEA family permit is applied for outside the UK. She will not need that. What she should apply for is a Residence Card using form EEA2 (when depends on your answer to point 1 above). Nothing would happen to the tier-4 visa. It will just expire when it is due.

3 apply using form EEA2. You don't need to apply but you will need to provide evidence to support her application. You can make a joint application if you wish as you will send all the required evidence anyway to support her.

4. Can take upto 6 months although the average seems now around 3. Follow the forum to get a better sense of the speed. You can always ask for your passport back and it will not delay the application. The £300 service was not introduced (I suspect because of legal issues).

[evertoexcel]

Brilliant! That dispels all our doubts. We haven't been living together for 2 years so we'll have to wait until September.

Many thanks for your help, Jambo! Much appreciated.