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

Customer Question

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.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
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.
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Kind regards,


Tom


Customer: replied 1 year 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.

Expert:  Thomas replied 1 year ago.
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 1 year ago.
Always a pleasure working with you.

Thanks very much.
Expert:  Thomas replied 1 year ago.
Hi,

No problem.

Please do rate my answer though.

TOm
Thomas, Solicitor
Satisfied Customers: 6372
Experience: BA (Hons), PgDip, Practising Solicitor
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