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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10401
Experience:  Barrister 17 years experience
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My boyfriend holds a non eu community residence card in

Customer Question

Hi my boyfriend holds a non eu community residence card in Spain. He has been working and living in Europe for 7 & half years. He holds a Cuban passport. He would like to visit me in Scotland for a 2 week holiday. Can he enter the UK for a visit without a visa under European law?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Was also wondering would he be able to apply for the Surinder Singh Route. I have been resident in France and Spain for many years before returning to UK but I was not with my boyfriend at the time.
I'm sure I have my residence cards somewhere amongst my documents.
Expert:  Buachaill replied 1 year ago.
1. I regret to say that your boyfriend will have to apply for a visitor's visa. This is because the Uk is not part of the Schengen area, of which Spain is a member, where people are permitted to move freely without a passport. Instead Britain and Ireland form a free travel area of their own and apply visa requirements for all other nationals visiting. Even EU citizens need either a passport or an identity card. Non-EU nationals, such as your Cuban boyfriend needs to apply for a visitor's visa. he will not be able to travel on a non-EU community residence card which he has been issued with in Spain. A visitor's visa is issued for up to six months. However, a one month visa would be sufficient here.2. Finally, the Surinder Singh visa is only applicable where you were living in the UK and your boyfriend wanted to come and live there permanently. It has no application to visitor's visas. 3. Please RATE the Answer as unless you RATE the Answer, your Expert receives no part of the monies you have paid the website so there is no incentive to answer any further questions.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10401
Experience: Barrister 17 years experience
Buachaill and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Does he need to pay for the visa as I read somewhere if a non eu member with European residence applies for a UK visa it must be processed as soon as possible and free of charge? Can he apply for a one month visa? I can only see a 6 month visitors visa.
Also for future reference would a Surinder Singh visa be granted if I had been residence of 2 European countries but hadn't resided with my boyfriend (as I did not know him at the time) and I do now live in the UK and we have had a relationship for over 3 years? We can prove our relationship with photos, chats, emails, history of video calls and phone calls and also my plane tickets receipts.
Customer: replied 1 year ago.
Does he need to pay for the visa as I read somewhere if a non eu member with European residence applies for a UK visa it must be processed as soon as possible and free of charge? Can he apply for a one month visa? I can only see a 6 month visitors visa.
Also for future reference would a Surinder Singh visa be granted if I had been residence of 2 European countries but hadn't resided with my boyfriend (as I did not know him at the time) and I do now live in the UK and we have had a relationship for over 3 years? We can prove our relationship with photos, chats, emails, history of video calls and phone calls and also my plane tickets receipts.
Expert:  Buachaill replied 1 year ago.
2. I have never heard that if a non-EU person with a European Residence crd applies for UK visa that it is free of charge. The standard charge is £85. Here is a link to the relevant UK.GOV page which explains how to go about applying for a visa https://www.gov.uk/standard-visitor-visa. What is free of charge and which you can apply for is an EEA family visa from Spain (ie not from UK) on the basis of the Surinder Singh principle that you were a UK person exercising Treaty rights upon your return to the Uk. You would be able to get a Family visa for your boyfriend on the Surinder Singh principle as you have lived in another EU country while exercising EU Treaty Rights.
Customer: replied 1 year ago.
Thank you for your advice you have helped with making things clear to me and now I know exactly what my boyfriend has to do.
Thank you once again.
Expert:  Buachaill replied 1 year ago.
3. You are welcome.

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