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cityguru
cityguru, Solicitor
Category: Immigration Law
Satisfied Customers: 13323
Experience:  Approved Immigration Expert.
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I am a South African citizen married to an Italian citizen. We

Customer Question

I am a South African citizen married to an Italian citizen.
We are living and working in Cyprus and I have a 5 year EU residence permit due to my non EU spouse status.
I also hold a British Protected Passport (restricted from living and working in UK)
We are keen to move to UK permanently but are reluctant to do so before confirming that, once there we will be able to live and work
Submitted: 2 years ago.
Category: Immigration Law
Expert:  cityguru replied 2 years ago.
Thanks fro your question. Yes you can both live and work in the UK. Your spouse has a right to come here and you can come as part of the family. The rules should be exactly the same as in Cyprus.

You should apply for a family permit before you come. See here:http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/applying/

Customer: replied 2 years ago.

This does not help me at all. If I enter with my British Protected Passport I do not need the family permit that asks you when you are entering and when you are leaving. What I need to know is when we arrive in the UK, what the next steps are?

Expert:  cityguru replied 2 years ago.
If you enter on your British Protected Passport you are subject to immigration controls. Strictly you cannot apply to remain as the spouse of an EEA citizen if you enter on a short term visa using that passport without a family permit. Indeed if you come through immigration with your spouse you could be refused entry if they think you are coming to stay long term. As I said you need to apply before you come for an EEA family permit. Once you arrive you will be free to stay and to work but you will then need to apply for a residence card. Legally you do not require one, as long as you enter with your spouse or arrive to join your spouse who is exercising EU rights here then you are entitled to be here as a family member. However in order to prove that to prospective employers and for other purposes you should apply for a residence card once you are here.

What else do you wish to know?

Customer: replied 2 years ago.

Yes please. The application form for the family permit asks what date you are arriving and what date you are leaving. What dates do I enter?


Thank you for your help.

Expert:  cityguru replied 2 years ago.
You do not have to put a departure date if you are planning to stay indefinitely.

The date of arrival is when you wish to travel. I would allow a reasonable period for the application to be processed.

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