EEA route

[bigmac]

has anyone had any recent experience of taking the EEA route?---but i dont mean those with irish passports---just UK ones.

also --any links please to advice about this---like --best places to go / costs involved--and most importantly--the time factor. only it seems to me its likely to be quicker than waiting for a spouse visa decision.

[Terpe]

That's a big ask.

You don't give much background information, but I guess your intention is to have your Filipina spouse come to the UK for settlement via a family permit issued for an EU state.

You'll need to decide which EU country you want to go to and also how to support yourself.

Getting settlement entry to an EU country (outside of UK) for the non-EEA spouse of a British citizen is not too difficult and has some very attractive advantages such as having little overall cost and quite a fast 'application-to-decision' time.

Once you have 'established yourself' in another EU country those rights can be extended to your wife and she will be able to apply for a visa to join you.

There's still some significant rules to comply with though before your wife will be able to secure entry clearance to the UK.

Firstly, you will need to provide sufficient evidence of actually residing there (your EU country of choice) as a married couple.
Secondly you will need to provide evidence of being either employed or self-employed there. (or self-sufficient in some cases)

Your wife can then make an application under European law for a UK Family Permit.
This is essentially free of charge, and free from the onerous conditions set by UK Immigration rules (including the financial requirement and English language Test)
Your wife only needs to demonstrate that you are married under law and her EEA national husband has been properly established employment or self-employment or self-sufficiency.

Of course the ECO still has an option to refuse if for example he was convinced that it was a marriage of convenience solely to to circumvent UK immigration rules.
I have to say though, that would be a very tough call especially if you had complied with all EU regulations prior to making the application.

For just how long you need to remain established before coming to the UK, is a question that's becoming ever more key.
Currently there are no hard and fast rules and personally I can't find any documents in the public domain that make any reference to it.

Most people have been successful in returning to the UK together after being established in the EU for 6 months.
Quite a few claim that even three months has been enough. At any rate it's not a huge amount of time.

Once your wife had successfully secured entry clearance (via the UK Family Permit) and you had both returned to the UK your wife could then apply for a 5 year residence permit (also free of charge).
After the 5 year period she would be eligible for application for Permanent Residence (same as ILR)

It's not a decision to be taken too lightly so consider carefully all the detail

Here are plenty of informative links. Happy reading

DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

The Immigration (European Economic Area) Regulations

Free movement for EU citizens and their non-EU family members

Freedom to move and live in Europe

UKBA webpage How to apply for an EEA family permit

[bigmac]

thanks for that very informative--and quick-- reply Terpe: it does tie in with what i suspected. i know its not for many--but it could be the way to go for me--probably in 6 months time.

my lady is hoping to get a visitor visa to come here before then---i wonder whether we could then both travel--and stay--in an english speaking EEA country--to avoid the need for her to return to the philis.

as regards the costs--am i right in thinking the savings in the visa costs could go a fair way to paying for the stay in the EEA?

and the time saving could be considerable compared to the idea of us marrying--either here or in the philis--and then taking part in the spouse visa lottery.

[Terpe]

.....my lady is hoping to get a visitor visa to come here before then---i wonder whether we could then both travel--and stay--in an english speaking EEA country--to avoid the need for her to return to the philis.

Hmm, nice try bigmac. Sadly her UK visitor visa isn't going to allow that.
She'd need to secure a Schenghen Visa before her arrival here. That Schenghen Visa is a visitor visa with a validity of up to 90 days in a maximum six month period.[/QUOTE]

.....as regards the costs--am i right in thinking the savings in the visa costs could go a fair way to paying for the stay in the EEA?

and the time saving could be considerable compared to the idea of us marrying--either here or in the philis--and then taking part in the spouse visa lottery.

Yes, there's a significant cost saving. You can spend your own money just as you wish. Don't forget though that you do need to be established within the EU, and your lady needs to be married to you before she could gain entry to join you[/QUOTE]

Keep up the study on those links bigmac

[bigmac]

just a knee jerk reaction--tell me i'm wrong:
partner comes here on a short term marriage visa=£78 fee

we then take up residence in a EEA country--for 3-6 months

can we then apply for the family permit to return here?

[bigmac]

just a knee jerk reaction--tell me i'm wrong:
partner comes here on a short term marriage visa=£78 fee

we then take up residence in a EEA country--for 3-6 months

can we then apply for the family permit to return here?

has anyone tried this idea ?

also--as an asiode--whats the significance of the 5 gold stars at the top of this thread?

[Terpe]

bigmac,
you're wrong (well legally)

you've already received the answer to your idea. Look to post #4

[bigmac]

again --i'm missing something.--look at this scenario.

1: my lady comes over on the NON staying fiancee visa--the £78 fee jobbie.

2: we marry

3: i move to say--france

4: she stays here with her sister, and before the 6 months is up---she comes over and joins me in (france)

5: after the appropriate period--we apply for the family permit to come back here.

is this legal?

[raynaputi]

again --i'm missing something.--look at this scenario.

1: my lady comes over on the NON staying fiancee visa--the £78 fee jobbie.

2: we marry

3: i move to say--france

4: she stays here with her sister, and before the 6 months is up---she comes over and joins me in (france)

5: after the appropriate period--we apply for the family permit to come back here.

is this legal?

I don't think this is possible. If she gets a visit visa for marriage, she still needs to go back to the Philippines after that, unless she applies for an extension to stay, which is the FLR(O). Read this link http://www.ukba.homeoffice.gov.uk/vi...age-cp/extend/ for more info.

[bigmac]

I don't think this is possible. If she gets a visit visa for marriage, she still needs to go back to the Philippines after that, unless she applies for an extension to stay, which is the FLR(O

i was referring to the visa " visitor for marriage"---costs £78. i didnt think it was possible to apply for FLR from this type of visa---if it was possible--wouldnt lots of others have done this already??

please respond.

if--as i suspect--the newly wed has to leave the country--does she HAVE TO return to the philis? why not go direct to a EEA country?

anyone tried this?

[joebloggs]

If you want to live in the UK after your marriage or civil partnership ceremony, you cannot come here as a visitor. Our Partners and families section explains how you can apply to come to the UK.
http://www.ukba.homeoffice.gov.uk/vi...g/marriage-cp/

its not possible for her to stay in the UK as she needs 'entry clearance' and you dont get that with a visitors for marriage visa.

and what visa will she use to gain entry to France ? Schengen or tourist visa ?

The applicant MUST be resident in the UK (excludes Scotland), e.g. Requires Leave To Remain in the UK as a work permit holder, HSMP etc..

http://www.visafrance.co.uk/spouseofEUnationals.php

[bigmac]

its not possible for her to stay in the UK as she needs 'entry clearance' and you dont get that with a visitors for marriage visa.

yes--thats my understanding.

i gave france purely as an example. will she need a schengen visa for all EEA countries?

i envisage a 3 to 6 month honeymoon in a EEA country then return to UK on a family permit.

is anyone else currently trying this out?

[raynaputi]

I don't think this is possible. If she gets a visit visa for marriage, she still needs to go back to the Philippines after that, unless she applies for an extension to stay, which is the FLR(O

i was referring to the visa " visitor for marriage"---costs £78. i didnt think it was possible to apply for FLR from this type of visa---if it was possible--wouldnt lots of others have done this already??

please respond.

If you have read the link I provided above, it is the same visa as what you are saying...go to that site and read again.

[joebloggs]

I dont think it is possible as you need to be 'exercising your treaty rights' in France or which ever country you were in..

that means your working, self employed, a student or your economical self sufficient.

also the ECO is highly likely to question the applicant's intention to exit UK at the end of leave as a visitor - when the applicant's fiancee is a settled person / British citizen.

[raynaputi]

If you want to live in the UK after your marriage or civil partnership ceremony, you cannot come here as a visitor. Our Partners and families section explains how you can apply to come to the UK.
http://www.ukba.homeoffice.gov.uk/vi...g/marriage-cp/

Joe, it says in this link http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/marriage-cp/extend/ that it's possible to extend..

If you come to the UK as a visitor for marriage or civil partnership, you are allowed to remain here for a maximum of 6 months. When you enter the UK, we will stamp the duration of your permission to stay in your passport.

If we give you permission to enter for less than 6 months, and you later want to extend your stay to the maximum of 6 months in total, you must apply for an extension - see below.

If we allow you to extend your stay, you must continue to meet the requirements for visitors for marriage or civil partnership.

When your permission to stay expires, we expect you to return home. You cannot 'switch' into a different immigration category.

You must apply using application form FLR(O). You can complete and submit this application form online, or you can print out the form, complete it by hand and submit it by post, by courier or in person.

You should read the FLR(O) guidance notes before you complete the application form. You will need to pay a fee when you apply, and we will not refund your fee if we refuse your application or if you withdraw it.

[joebloggs]

thou i think if you had credible proof (job offer ) that you will be re-locating to another EU country immediately after the marriage, then the chances of this visa being granted will increase.

your problem is convincing the ECO she will leave b4 her visa expires..

[bigmac]

that means your working, self employed, a student or your economical self sufficient.

i will have my UK state pension--and adequate savings.

also the ECO is highly likely to question the applicant's intention to exit UK at the end of leave as a visitor - when the applicant's fiancee is a settled person / British citizen.

hmmm--right--so--could my lady join me in the chosen EEA country--and we get married there?

[joebloggs]

Joe, it says in this link http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/marriage-cp/extend/ that it's possible to extend..

If we give you permission to enter for less than 6 months, and you later want to extend your stay to the maximum of 6 months in total, you must apply for an extension - see below.

[raynaputi]

If we give you permission to enter for less than 6 months, and you later want to extend your stay to the maximum of 6 months in total, you must apply for an extension - see below.

oh okay I get it now... I didn't think that UKBA gives visa for less than 6 months..

[joebloggs]

oh okay I get it now... I didn't think that UKBA gives visa for less than 6 months..

i think that's part of the problem we have now, if people come on a visit visa or marriage visitor visa, they state they are only coming for 2 wks or whatever ( and submit they have finances for 2wks to cover their trip) yet they get a visa valid for 6 months and the ECO made their decision to grant the visa based on the fact that they had enough fiances for 2 wks and not 6 months, so if they do stay longer what are they living on

also if you state your staying for 2wks and do stay 6 months you could be refused a visit visa next time you apply.

[bigmac]

you may well wonder why i get confused.

[Terpe]

bigmac, what you're wanting to do is to enable your partner to enter the UK for settlement.
Whereas it's true that the 'EEA route' has potential to achieve your objective, you need to understand all the regulations and requirements.

Please do take some time to read the information and links provided in my post #2

As the holder of a Philippine passport your partner will need to apply for a visa to travel to the UK or anywhere within Europe.

Just what kind of visa she needs depends on which country she wants to enter and the reasons for entry.

It's not possible to secure a Schenghen Visa within the UK unless you are actually resident in the UK. All foreign nationals residing in the UK will need to have been granted leave to remain for more than 6 months.
This means that all categories of visit visa (including marriage visa) will not enable Schenghen Visa status.

Means your partner would need to secure a Schengen visa from the Philippines. More specifically from the specific embassy of the country she wishes to visit prior to any travel.

To join you in Europe (not UK) for consideration for settlement within the EU you need to be married to each other, and you need to be able to demonstrate that you are established in EU.
If you intend to be self-sufficient by way of your state-pension, you'll need to select a country where that level of income is equal to or above the social security payment levels.

[bigmac]

i think i can see the source of all the above confusion--quote from UKBA--

This page explains whether and how you can extend your stay in the UK as a visitor for marriage or civil partnership.

If you come to the UK as a visitor for marriage or civil partnership, you are allowed to remain here for a maximum of 6 months. When you enter the UK, we will stamp the duration of your permission to stay in your passport.

If we give you permission to enter for less than 6 months, and you later want to extend your stay to the maximum of 6 months in total, you must apply for an extension - see below.

so--the applicant would need to get FLR to extend their visit to the maximum of 6 months

at a cost of


Fee if you are applying by post Fee if you are applying in person
Main applicant £561 £867
Partner or child aged under 18 (if they are applying at the same time as the main applicant in a category that allows dependants to be included) £281 for each family member included on the main applicant's application form £434 for each family member included on the main applicant's application form


hmmmm an expensive few weeks extra there-------

[ana07cutiepie]

hallo.. bigmac

I did apply for the EEA family permit and had an experience with Schengen visa mine was in Austria for 2 times only visit visa.. and just recently I lodged my application and currently waiting for the decision..

if you need any help about this I will help you as much as I can

[bigmac]

thanks for that cutiepie--hope its successful--please keep us posted

[fred]

Thread reopened..Or unclosed!

[blackcat22]

Think I saw a post here where a member of this forum said he is a british citizen established and lived in phils for 5yrs and successfully applied using EEA route to bring his wife directly to UK without need to first stay in EU country.

I wonder if same can be achieved after staying and established in phils for just 6 months instead of 5yrs??

[Terpe]

Think I saw a post here where a member of this forum said he is a british citizen established and lived in phils for 5yrs and successfully applied using EEA route to bring his wife directly to UK without need to first stay in EU country.

I wonder if same can be achieved after staying and established in phils for just 6 months instead of 5yrs??

I believe you're getting confused.
That's just not correct