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Awan-Legal
Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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Im Irish with a Chinese wife. We were married in Northern

Resolved Question:

I'm Irish with a Chinese wife. We were married in Northern Ireland and are currently living in Belfast where she has 6 month visa as she is a wife of an EU citizen living in UK. She currently works in Belfast.

What's our next step to obtain a longer term visa? I've heard of a 5 year visa but I'm unsure about the details of it, and what is needed.

Any help or advice would be greatly appreciated. Thanks in Advance.

Henry
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 3 years ago.

Awan-Legal :

Hi

Customer:

Hi there

Awan-Legal :

You state that you are currently living in Belfast. Do you want a long term visa in Belgium or for the UK?

Customer:

Belfast is in the UK

Customer:

I don't need a visa as I'm Irish

Customer:

my wife is chinese

Customer:

she currently has a 6 month visa which shall expire soon

Awan-Legal :

My apologies - I understand. She is on an EEA family permit and now wishes to apply for a UK Residence Permit for five years.

Customer:

I think so yes.

Customer:

We thought the 5 year residency would be the best option

Awan-Legal :

Are you working in the UK?

Customer:

I am not but she is

Customer:

I work in Ireland - the Republic

Customer:

it's only about 40 minutes away to work for me, in southern Ireland

Customer:

so is the 5 year permit our best option?

Awan-Legal :

The five year residence permit would allow you and your wife to live and work in the UK for five years (i.e. for the duration of the permit), however, as the EEA spouse you must be exercising treaty rights as follows:

Awan-Legal :

  • Be engaged in economic activity (employed or self employed) or

  • Have sufficient resources and sickness insurance to ensure that you do not become a burden on the social services of Ireland or

  • Be enrolled as a student or vocational trainee or

  • Be a family member of a Union citizen in one of the previous categories.

Customer:

Be engaged in economic activity (employed or self employed)

Is it okay that I'm working in a different country?

Awan-Legal :

As Southern Ireland is part of the UK, your wife may therefore be able to apply for a five year residence permit.


Did she get her six month permit for the UK based on the same circumstances, i.e. you living and working in Ireland?

Customer:

Southern ireland is not part of the UK. Northern Ireland is.
She got her 6 month visa based on us both living in Northern Ireland. They never asked about my employment

Awan-Legal :

Unfortunately, you will need to be working in the UK as the EEA spouse in order for her to obtain the EEA residence card. Do you intend to seek work in the UK or will you be continuing to work in Ireland? (as she can apply for the EEA residence card if you are a work seeker also but you may only look for work for around six months)

Customer:

So even though I am self sufficient and will have no reliance on the UK government, I still need to have a job in the UK, for my wife to get a visa?

Awan-Legal :

Just to clarify, you work in Southern Ireland then or are from there? (as you stated above that you are 40 minutes away from Southern Ireland - my apologies, typing error, I meant Northern Ireland)

Customer:

I work in Southern Ireland yes.

Awan-Legal :

Yes, if you are self sufficient and take out valid sickness insurance, she is eligible to apply for the EEA five year residence permit without you having to work in the UK. I will list the requirements.

Customer:

thanks....and can you pass me the link for the application form?

Awan-Legal :

Although you will be working in Southern Ireland, will you both still be living in Belfast?

Customer:

yes

Awan-Legal :

Yes, just give me one moment Henry and I am sending the information through with the link as she can definitely apply in that case on the basis of you being self sufficient.

Customer:

brilliant thanks

Awan-Legal :

Please also note that she does not strictly speaking have to have an official endorsement to be eligible to remain here with you under these circumstances. I would, however, recommend getting one for practical purposes such as work and travel so that she does not have problems with her employer or the authorities when travelling.

Customer:

Okay thanks

Awan-Legal :



Documents required for application:Valid passports or European Identity cards for you and all family members included with your application.




Original passports or identity cards must be submitted.






Awan-Legal :

Your marriage certificate.

Awan-Legal :

Two passport photos of your wife.

Awan-Legal :

Your wife's original current and expired passports (expired if she used this whilst in the UK).

Awan-Legal :

Your original passport or ID as above (one or the other will suffice) - it can take a maximum of six months for your application to be decided so I would advise you to submit the one that you will not need for work/travel.

Awan-Legal :



 




If you are economically self-sufficient - Please note you cannot be reliant on public funds for the duration of your stay in the UK.


Y

ou need to supply evidence of comprehensive sickness insurance for yourself and any family members included in your application. You also need to supply evidence of funds sufficient to maintain yourself and any family members included in your application during the time you intend to reside on this basis. These funds can come from the employment or self-employment of any of your family members legally working and residing in the UK with you. Documentary evidence of their employment or funds should be supplied.


Customer:

where do we apply for this Permit?

Awan-Legal :

This will therefore comprise of you and your wife's bank statements for the last three to six months (these should have sufficient savings) and both your pay slips for the past six months, as well as evidence of any other savings/investment funds/ISAs if you have them.

Awan-Legal :

If possible, please include a recent utility bill in joint names or separate names during the residence period of her current visa. Although this is not necessary, I would recommend including this to show that you still live together although you are working in Ireland.

Awan-Legal :

You apply to the Home Office in the UK on the address on the front of the form using the EEA2 form (send this by recorded delivery) - I will send the link now:

Awan-Legal :

Please remember to include evidence that you have taken out comprehensive sickness insurance as this is vital to the application and is specified on the form as follows:

Awan-Legal :






You must provide either a private comprehensive sickness insurance policy document that covers for medical treatment in the majority of circumstances, or a European Health Insurance Card (EHIC). The EHIC is only valid when your stay in the UK is on a temporary basis. Therefore if you do provide your EHIC as proof of comprehensive sickness insurance you should also provide a covering letter stating whether it is your intention to stay in the UK on a temporary or permanent basis and your reasons for this. This must be signed and dated by you.


Awan-Legal :

I hope that answers your question but please let me know if you need any further clarification on the above.

Customer:

Okay thanks for all your help.

Awan-Legal :

No problem and good luck with the application.

Customer:

thank you.

Awan-Legal, Solicitor
Satisfied Customers: 128
Experience: Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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