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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6296
Experience:  BA (Hons), PgDip, Practising Solicitor
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hi im a greek cypriot who lived in uk sinse 1962 sinse i was

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hi im a greek cypriot who lived in uk sinse 1962 sinse i was 1 years old but i never applied for britsh citesenship for the last 3 years i have been recieving benifits as i can not wok because of a disabillity but i had a girl friend from iran whom i marrid 3 months ago in cyprus as i get benifits does that mean i cant get my wife a visa to come to live with me.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

No. Your wife can come here. In actual fact it is extremely helpful to you that you have not naturalised as a UK citizen.

If you are an EEA member (Which you are if you have a Greek passport) state national then she will have to obtain an EEA family permit first. In order to do this you must first either be married or show the UKBA that you are in a durable relationship together, which is generally taken to mean that you must have cohabited for a period of time. If the plan is that you are to marry then I would suggest that marrying outside the UK and then her apply for this from her home country would be the most efficient way forward.

She will have to apply for and obtain an EEA family permit in order to secure her leave to remain in the UK to work. She will need to apply for it before she can travel and must submit the appropriate documentation to the UK embassy closest to her:-
http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/

Once she has come to the UK on her family permit she will be eligible to apply to the UKBA for a residence card which confirms her right of residence in the UK on the basis of your marriage:-
http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/applying/

It will either take the form of an endorsement in her passport or as a separate immigration status documents confirming her right to reside here for 5 years.

At the end of this time she will be able to apply for a Permanent Residence here if she wishes and has not spent significant time outside the UK.

I would ignore the neighbour. If his behaviour constitutes harassment then you could (I suppose) apply for a non-molestation order at county court to cease his behaviour but this would cost you money and, frankly, I would discourage this because people should be able to work these things out without burdening the Courts but the option is ultimately always there for you.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance (perhaps on making an application for a Spouse Visa which she will need to make before you return to settle here permanently) then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 1 year ago.


we have already marrid in cyprus but my wife can not go back to her home country in iran as its complicated on political and religios reasons can we apply her coming to uk from her being in cyprus where she is living now


 

Expert:  Thomas replied 1 year ago.
Hi,

That's fine, as long as she has leave to remain in Cyprus she can simply apply from there.

Please remember to rate my answer.

Tom
Customer: replied 1 year ago.


when you say leave do you mean if shes allowed to remain in cyprus, she is waiting to get a 1 year visa in cyprus. i saw a video about spouse visa and it said as long as i dont recieve public funds thatts why i asked


 

Expert:  Thomas replied 1 year ago.
Hi,

Your not applying for a spouse visa, your applying for an EEA family permit. It's different, it's based on EEA rights.

The fact that you are claiming public funds is not that helpful but if you can show that no further public funds will be claimed then she will still be successful.

Once she gets her visa in Cyprus she should apply.

Please rate my answer.

Kind regards,

Tom
Customer: replied 1 year ago.


sorry to keep coming back but i need to get it clear, when you say if i can show no more public funds will be claimed do you mean i should stop getting my benifits


 

Expert:  Thomas replied 1 year ago.
No, I mean that no more than you already claim now should be claimed as a result of her coming here. You can still claim what you claim now. You just can't claim any more.

Please rate my answer.

Tom
Customer: replied 1 year ago.


ok last question will it help if she shows her cv from iran and that she intends to find work wil it help or should she find work before applying thanks a lot

Expert:  Thomas replied 1 year ago.
Hi,

She should show her CV. She won't be able to get employed until she is her on a family permit/residence card.

Please rate my answer now.

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