How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7476
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

A question; My wife is an EU citizen (Italian) and Im a non-EEA

This answer was rated:

A question; My wife is an EU citizen (Italian) and I'm a non-EEA citizen (Australian). We both met and lived together in the UK and own a property (both on the mortgage). We lived together for 5 years in the UK. I was on a work permit in the UK.

We were relocated to the US for work and have since been married in the USA.

We now plan to return to the UK to live and work.

The question is what is the best way for both of us to do this? And what visa should I apply for as a non-EEA citizen?

Secondly, is it faster or less costly to do this in the USA before returning or should it be done in the UK?

Many thanks.
Hi,

Thanks for your queestion.

It's quite straightforward actully.

If your wife is an EEA member state national then you will have to obtain an EEA family permit first before you travel. Guidance on this and how to submit the appropriate documentation is here
http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/

If she is an EEA citizen then it’s actually easier for you to get the family permit than it is if she were a UK citizen and you had to apply for a spouse visa.

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

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

At the end of this time you will be able to apply for a Permanent Residence here if you wish and have not spent significant time outside the UK.
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 on any question you may have in the future 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 3 years ago.

Thanks. What's the turnaround time on outside UK applications? Do we need to give ourselves a long lead-time for the application? Thanks again.

Hi,

The waiting times if applying in the USA are very quick.

Please refer to the following link for guidance on the percentage of decisions made within a certain time:-
http://www.ukba.homeoffice.gov.uk/countries/usa/processing-times/?langname=null#resultTableAnchor

Check EEA Family permits, under non-settlement applications.

Please remember to rate my answer.

TOm
Customer: replied 3 years ago.
Always a pleasure working with you.

Thanks very much.
Hi,

No problem.

Please do rate my answer though.

TOm
Thomas and 3 other UK Immigration Law Specialists are ready to help you

Related UK Immigration Law Questions