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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7505
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My future wife is a non-EEA national and currently has a

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Good evening,
My future wife is a non-EEA national and currently has a Tier 2 visa. I am an EEA National. We are getting married soon and then off to a 5 months honeymoon backpacking. Because she is under a Tier 2 sponsored visa, her work doesn't offer her a sabbatical so she will resign and lose her Tier 2 visa.
We are considering applying for a "spouse visa" but arose the question whether I am "settled in the UK". I was living in the UK from August 2007 to end of June 2012, live in Spain until December 2014 when I came back to join my new partner. I was given a residence card by the Home Office in 2008 (through a previous marriage). Am I considered a settled person and will still our application be successful if not?
We are considering leaving the UK without any visa for her and apply for an EAA family permit from the US where we will be before returning in March 2017 (without considering the Brexit risk). Upon re-entry with this visa, we would then apply for a residence card for her. Would this work? How long would it take to get the EEA family permit in the US? We are concerned about the fact that we would apply from the US but yet she was a resident of the U.K. but will have no other residence due to traveling in between.
Thanks in advance for the advice as we are a bit loosing our minds on how to progress,
Kind Regards
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Nicola-mod replied 4 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 4 months ago.
Hi Nicola,I am happy to wait for some feedback.Kind regards,
Olivier
Expert:  Nicola-mod replied 4 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Thomas replied 4 months ago.

Hi

Have your applied for Permanent Residence yet or are you simply still on your residence card?

Tom

Customer: replied 4 months ago.
Hi Thomas, my residence card (as French citizen) is from 2008 from a previous marriage and I left the UK in 2012 and came back in 2014. I have not applied for permanent residence since I have been back.
My partner (USA) resigned from her job as she needed to in order to be able to leave for our honeymoon since she had a month notice.Looking forward to your feedback.
Kind regards
Olivier
Expert:  Thomas replied 4 months ago.

Hi

Thanks for your question. I will try to help.

You would not be regarded as a settle person because you left the UK for a considerable period of time. You are still an EEA national exercising treaty rights in the UK.

Basically, if you are going to be traveling around after your marriage then I would apply for a residence card before you leave:

https://www.gov.uk/apply-for-a-uk-residence-card/overview

This is because you should really apply for a family permit from the country in which you are ordinarily residence (if outside the UK). It may complicated things and a family permit can take up to 6 months to process from the date that you apply. Additionally, you would also be outside of the UK which makes this more complicated.

If you apply for a residence card as soon as you marry then once this is received you can travel with confidence knowing that she will not need to make any application in order to re-enter the UK and can simply do so when she pleases.

If you travel without having applied for a residence card then you would be doing so with a fair bit of uncertainty. Ultimately, she would be successful in getting a family permit provide you can show you are still exercising treaty rights in the UK but I personally would not wish to travel on a honeymoon with this hanging over me. If you postpone your travel plans for a bit until you get her residence card then you avoid all this uncertainty.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 4 months ago.
Hi Tom,Thanks for the feedback.If we choose to go the Residence Card way, how long does it take to get it issued as it seems to be a rather lengthy process? And more importantly, can we leave the country meanwhile it gets processed (I.e. for the duration of the honeymoon) and re-enter whenever we get back without any issues? For this, we will need to get her passport back immidiately as we send it essentially. Is that possible?I am concerned that waiting for the residence card does not seem to be delaying the honeymoon by a couple of weeks if not by months.Your continuous support is greatly appreciated.Kind regards,
Olivier
Expert:  Thomas replied 4 months ago.

Hi,

A residence card can take up to 6 months to be received after you have applied for it unfortunately. Her documents would be submitted with the application so you would not be able to travel whilst it is under consideration.

It's a pain, I accept this, but if she leaves the UK on her honeymoon and has to apply from the US it can take equally long to apply for a Family Permit (which is different to a residence card (which she would still have to apply for once she eventually did come to the UK)) and applying from outside the UK after leaving the UK so recently can (and does) sometimes raise unforeseen issues with the application itself, whereas applying inside the UK guarantees you are together whilst it is being determined and she has a recent history here which can be presumably easily evidence (eg. bank statements, payslips, utility bills etc).

Please remember to leave feedback using the stars at the top of the page.

Tom

Thomas, Lawyer
Category: Immigration Law
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Experience: UK Lawyer holding practising certficate for England & Wales.
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