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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
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Experience:  Solicitor
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Hello. I am a Norwegian citizen (male) just married to a U.S.

Resolved Question:

Hello.
I am a Norwegian citizen (male) just married to a U.S. citizen (female).
We want to live in England. She does not have a legal permit (for more than the usual 6 months).
We both are self-employed. We can prove a joint yearly income of approx gbp 150.000,-

I work mostly in Europe and have paid taxes only in Norway.
She has clients in Europe, and have only paid taxes in the US.

What is needed for us both to be legal residents in England?
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 5 years ago.
As a citizen of an EEA country you are free to travel to the UK and to live and work here. You do not need any permission. Your wife does not need prior consent too come her and visit but needs to apply for a family permit if she is going to live here with you permanently. You will find details of how to apply on the UKBA website here:
http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/

After you have been resident here for 5 years you can obtain permanent residence

Please come back to me with any further questions
Customer: replied 5 years ago.
Hi and thanks for useful information.
Only one question seems to be hard to really understand:

Can she live with me in the UK starting now and apply for the recidency from within the UK?

(Or does she have to apply from the US?)

AND:
What do we do with taxes? Do I still pay taxes in Norway (and I know there is a treaty between UK and Norway to reconcile taxes) and also between US and Norway and UK?

Where do we find info about tax returns in the UK?

Expert:  Senior Partner replied 5 years ago.
She needs to apply before she comes to the UK. As a non visa national she can visit quite easily but if she is coming ot live here she needs to obtain the family permit in advance and she must come with you.

If she comes to the uk alone separately from you she needs to get a visa.

Tax is complicated. You need to get specialist advice. If you are resident here then you are taxable on your income here. If you are not domiciled here however you will not necessarily be taxable on income from abroad that is not paid to you here. Whether you need to pay tax in Norway depends on the Norwegian authorities. I can tell you thought that US citizens have to file tax returns with the IRS on their world wide income although they may get credit for overseas taxes paid.

If you re working here you will need to register with HMRC ( the tax authorities ) and get a national insurance number see here
http://www.hmrc.gov.uk/selfemployed/register-selfemp.htm

This will also get you tax returns

Customer: replied 5 years ago.
thanks, XXXXX XXXXX if I get this:

- She must apply from the US? Or can she apply from another country (outside UK)
- How do we show that she is outside the UK when she applies?
- What does "come with me" mean? Do we have to travel on the same flight? Do we have to come from the US? can we come from Norway?
- Can she apply from Norway?

" If she comes to the uk alone separately from you she needs to get a visa."
- How does she get a visa from US to UK when you don't need a visa?
Expert:  Senior Partner replied 5 years ago.
She has to apply from out side the UK - it does not really matter from where but I would have expected from where she is resident .

Yes you have to travel together or you have to be resident already if she comes alone i.e. you are not with her or not resident then she has to get a visa.
it does not matter where you arrive from if she has the family permit.

It is pretty self evident where you are applying from given that she will need to produce her passport and provide an address etc. You don't have to show she is outside the uk - you simply apply to the relevant place for the permit.

Details of how to apply are here:

http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/applying/


US citizens do not need a visa for a visit - they do need entry clearances( which are the same a as visa) for other purposes. Again how she can apply and full details of where are on the UKBA website
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