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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7590
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a UK Citizen living with my non Eu wife in Malta we have

Customer Question

I am a UK Citizen living with my non Eu wife in Malta we have resicency cards for Malta. I want to travel to the UK in June with my wife to attend the christening of my Granddaughter. Do I need to get my wife a visa or not I am confused with changes to policy.If I do need a visa for my wife is it a family visitor or EAA family permit
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
I'm afraid that if your wife has not naturalized as a citizen of malta then she would still be regarded as a non eea citizen for the purpose of entering the uk for a visit. The surinder singh ruling means that if you intended to enter the uk and remain permanently then you could apply for an eea family permit for her, but this is strictly in relation to intending to enter the uk to settle permenently and not for visiting.
This means that she will have to apply for a normal general visit visa.
The eligibility criteria for a visitor's visa is as follow (as I am sure you know), is that you need to show that:-
• You want to visit the UK for no more than six months;
• You intend to leave the UK at the end of your visit;
• You have enough money to support yourself during your stay in the UK without working or needing help from public funds
You have to try and show them that she has continuing obligations in her resident country which will continue after the visit and therefore convince them that she is not a risk of overstay because she at present has compelling family and social/work ties to her home country which mean that she will not attempt to secure a permanent stay here whilst she is visiting. Things like a letter from her employer stating she has a job (if he does) and is expected to return to continue that job, return flight tickets, evidence of continuing accommodation (eg. tenancy agreement of evidence of ownership of a property), bank statements showing the money she has available, letters from relatives/friends confirming any obligations she has to them.
If you will assist her during the intended stay you should ask a solicitor to draft a sponsorship declaration in which you state the terms of the visit, that you are to return at the end of it, that although you are in a relationship with her you both know that she MUST leave at the end of the visit because it would harm the chances of any future application made to secure leave to remain on the basis of that relationship, that you shall accommodate you and shall pay the costs of any unforeseen expenses that should occur during his stay so that nether of you will need to access public funds.
Kind regards
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7590
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

This headline was in the Guardian Paper





Non-EU family members do not need visa
to enter UK, says European court






Judges’ decision in McCarthy case is another setback in campaign by British government to control immigration from EU

and said it would apply from 16 April. Is that not correct?

My Wife and I are both retired.

Can she apply for visa in Malta?



Expert:  Thomas replied 2 years ago.
Hi
It's likely you will still face difficulty in entering under these circumstances. The case still has to go back to the high court and the better/safer view at the moment is to apply for a visit visa.
Tom
Customer: replied 2 years ago.

Thank you for explaining.

Expert:  Thomas replied 2 years ago.
You're welcome.
Tom

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