Spouse Visa or EEA family permit

[blackstone]

Firstly, hi to all the board members and
secondly, apologises as I am sure this has been asked many times before but after spending literally hours trying to find the answer, I am still non the wiser.

I was born in the UK and spent the 1st 27 of my 29 years living in the UK so I am an EEA National.
I have since moved to Brasil and married a Brasilian National in Brasil and we have a Brasilian wedding certificate hence; she is a non EEA National.

Now my question is, does my wife have to apply for a spouse visa for a settled person or can she just have an EEA family permit?

I understand the entitlements under both are the same (i.e. permanently live in the UK and work in the UK) but the processes are very different (i.e. English test for Visa, the cost, the time scales etc).

Any help would be greatly appreciated or even if someone could provide a link.

Many thanks

[bobobo]

Not sure how she can apply for an EEA family permit. She could have done so if you were working in an EEA country, and last time i checked Brazil was not in the EU.

Firstly, hi to all the board members and
secondly, apologises as I am sure this has been asked many times before but after spending literally hours trying to find the answer, I am still non the wiser.

I was born in the UK and spent the 1st 27 of my 29 years living in the UK so I am an EEA National.
I have since moved to Brasil and married a Brasilian National in Brasil and we have a Brasilian wedding certificate hence; she is a non EEA National.

Now my question is, does my wife have to apply for a spouse visa for a settled person or can she just have an EEA family permit?

I understand the entitlements under both are the same (i.e. permanently live in the UK and work in the UK) but the processes are very different (i.e. English test for Visa, the cost, the time scales etc).

Any help would be greatly appreciated or even if someone could provide a link.

Many thanks

[blackstone]

[/quote]

Thanks for the response but I am not sure why I have to be working in the UK as I cannot see any details stating this.

From the home office website it states:

An EEA family permit is a form of 'entry clearance' to the UK (similar to a visa). It is for nationals of countries outside the European Economic Area (EEA) who are family members of EEA nationals.

Do you need an EEA family permit?
A non-EEA family member of an EEA national will need to obtain an EEA family permit before travelling to the UK if they are:

a 'visa national' (see 'More information' below);
or coming to live with the EEA national in the UK permanently or on a long-term basis. However, the non-EEA family member must be travelling to the UK:

with the EEA national; or to join the EEA national here. If the EEA national is outside the UK and is not travelling with them, the non-EEA family member must instead apply for a visa (if they need one) before they can come to the UK.


So correct me if I am wrong but I am an EEA national even though I work in Brasil. Although I will have a job in the UK be the time we move to the UK.

She is a national of a country outside the European Economic Area (EEA) and is family member (my wife) of EEA nationals.

She is coming to live with me (EEA national) in the UK permanently and I will be travellign from Brasil to the UK with her.

So, what I take from this is that as long as I travel to the UK with her, she can enter using an EEA family permit.
Is this correct?

[Greenie]

she can't - British nationals can only make use of the EEA regulations for spouses to join them in the UK if they have been living and working in the EEA and then wish to return to the UK with their spouse

see here:
http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/#

and here

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[blackstone]

she can't - British nationals can only make use of the EEA regulations for spouses to join them in the UK if they have been living and working in the EEA and then wish to return to the UK with their spouse

see here:
http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/#

and here

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

ok thanks. So my only option is the Spouse visa?
and, sorry last question, she must sit and english test to have the visa app approved?

[Casa]

Yes to both questions.

[chrisc58]

Hi there,

This has probably already been answered.

I am British from birth and my fiance is from Belarus (non EU EEA). We are due to marry and because we both speak english we decided that UK is suitable for the long term.

Are we eligible to apply for the EEA Family Permit (Married)?

I have read alot about this and I am very confused. I understand that even though I work and live in UK (England) in order to apply for the above permit I have to work in another EEA country for atleast 6 months first as I am from the UK?

Thanks in advance.
Chris

[Jambo]

I understand that even though I work and live in UK (England) in order to apply for the above permit I have to work in another EEA country for atleast 6 months first as I am from the UK?

Your understanding is correct.

As a British Citizen, you can use the UK immigrations rules and apply for a spouse visa..

[chrisc58]

Hi there,

I wanted to ask a question that is on my mind.

My partner (wife at time of application) is planning to go to Poland and work there and I plan to join her.

She will be coming from Belarus outside EU and EEA. I will be coming from the UK firstly to Belarus to marry and then to Poland with my partner. We are planning to work in Poland for 6 months+ and possibly apply for the EEA Permit back to UK together. Is this possible?

Thanks!

Chris

[Jambo]

Hi there,

I wanted to ask a question that is on my mind.

My partner (wife at time of application) is planning to go to Poland and work there and I plan to join her.

She will be coming from Belarus outside EU and EEA. I will be coming from the UK firstly to Belarus to marry and then to Poland with my partner. We are planning to work in Poland for 6 months+ and possibly apply for the EEA Permit back to UK together. Is this possible?

Thanks!

Chris

Yes. See Can family members of British citizens qualify for an EEA family permit?.

Please note that using the EEA route means a longer path to citizenship (5 years) compared to spouse visa (3 years).