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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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my wife has gone back to russia and said she does not what

Resolved Question:

my wife has gone back to russia and said she does not what to live in uk. In 6 months she will have her full residence. if she does no come back would it affect her gaining a visa to enter europe as she is wanting us to live in spain again, she lost her residence in spain when we moved here. I nearly forgot i am english.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Did she originally come to the UK on a spouse visa (ie. settlement)?

 

When did she come?

 

When did she leave?

 

How much time has she spent outside the UK since she came here?

 

Kind regards,


Tom

Customer: replied 3 years ago.

dec 2009 she came here worked back in spain june 2010 to sept 2010 then went to russia to visit family due to depression as finding it difficult with the language. she left on 27th april 2011 she came on a marage visa as we lived together in spain for 5 years together and we wed here 2009

many thanks

Andrew

Expert:  Thomas replied 3 years ago.
Hi Andrew,

Would you be travelling to Spain with your wife to work?

Kind regards,

Tom
Customer: replied 3 years ago.
no she travelled alone as i work in uk and in the future we would g to liv in spain but she is thinking of staying in russia she will lose residence here and she has a problem with a judge there due not repaying a bank loan
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

If she has not obtained the Permanent Residence or been naturalised as a citizen of a country who is an EEA member state then should could not travel there to work without you.

If you were travelling there then she could apply for an EEA family permit to allow her to travel and thereafter a residence card giving her a right to work there for a period of five years. This is because she would have a right to do so because you were exercise your treaty rights to work within the EEA. A non-EEA national cannot avail themselves of these rights if they are not travelling with the EEA national because these rights derive from their Article 8 Right to Family and Private Life. If she does not have you as her spouse in Spain then she the right is not exercisable.

If she wishes to travel to Spain then I’m afraid she must do so either with you or by obtaining an appropriate visa under the Spanish immigration law. She could check which visa she would require via the Spanish Embassy website in Russia.

When the circumstance to travel with you to an EEA member state where you shall both work presents itself (ie. when you decide to go to spain to live/work) then she would not have a problem in obtain a family permit/residence card provided you are both still married.

Sorry it could not be better news.


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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6296
Experience: BA (Hons), PgDip, Practising Solicitor
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