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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2248
Experience:  I am a qualified solicitor and an expert in UK law.
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Hello,My husband and I are american citizens, I also happen

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Hello, My husband and I are american citizens. I happen to also have Italian Citizenship through my great grandparents (Jure Sanguinis; I received it about 3 years ago). My husband has applied for his Italian Citizenship as my spouse, but it is 1.75 years into the process (we were told that wait times can be up to 2.5 years).


We plan on moving to the UK in August (in 4 months). I assume that he will need to apply for a EEA Family Permit Visa (VA5) application, but there is so much conflicting information that I want to be sure he sends in all of the correct/helpful supporting documents.


We are both planning on leaving our jobs and hope to find employment in the UK after we move. We have enough money saved to live there for a year without "having" to work, but I am still afraid that he will be denied a visa.


 


When he sends in his VA5 application, any suggestions on what documents to include?  Does he need to submit fingerprints?


Can I send a copy of my Italian passport in, or does it need to be endorsed by the Italian Embassy in the US?


We have always wanted to live in the Uk and are moving to try and see if we can make a living there - is this looked down upon by the government? Any reason to suspect he may be denied a visa?


On some of the "suggested supporting materials" lists I've read that they want you to include a letter from your employer stating that you have the time off from work - however, we are quitting our jobs and will have no income when we move. Any idea how to explain our situation so we don't appear to be a drain on the UK's resources?


We are both educated professionals and I have no reason to suspect we cannot find work, but I don't know if my being an Italian Citizen will be enough to grant my husband a visa. Any experience with this sort of situation?

Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Are you planning to find work prior to moving to the uk?
When are you looking for move to the uk?

Kind regards
Customer: replied 1 year ago.
No and in 4 months ( see question above)
Customer: replied 1 year ago.
Relist: Other.
Questions he asked were already answered in MY question. Would appreciate reading through my question before asking me questions that are already answered. Wasting my (and his) time while I wait.
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

1. In respect of what documentation you need to send you should send documents such as, marriage certificate, your Italian passport, birth certificate of your children, photographs of you and your family, letters or any correspondence which have come in you and your partners joint names, bank statements going back 6-3 months, evidence of any educational certificates (this will show your ability to obtain employment in the UK )

2. Your husband would need to submit the application at an application centre and he would need to submit his finger prints there.

3. Yes you can send a certified copy, but it must be attested by an attorney or notary public.

4. If you are moving to the uk to start a new beginning this would not be a problem as an European citizen you have a right to reside in another European country with your family, provided you are exercising treaty rights ie working, studying or self sufficient (ie you have sickness insurance and have enough funds to sustain you and your family )

5. If you have resigned from your employment, then what you need to do is provide the home office with a detailed covering letter with the application form stating that you have resigned and have enough funds in your account for you to sustain yourself until you are able to find employment.

6. In respect of your last point, if you are married and you are and eea national, then strictly speaking an applicant does not even need to apply for a visa they can just arrive to the uk and he would be given an eea family permit upon arrival to the uk, provided you can satisfy the immigration officer you are married. I do not think it should be a problem for your partner to be issued with an EEA family permit.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.

Dear UK Lawyer,

 

Thank you for the information thus far. I had wondered if he even needed a Visa. It sounds like he does not since I am an Italian citizen.

 

A couple follow up questions -

 

1.When we arrive in the UK, I've heard that obtaining an EEA is a lengthy process. Would it be easier/faster for him to apply for a Visa before we leave so he can begin working as soon as we arrive in the UK?

 

2. If I do not find a job right away, can my husband still apply for an EEA family permit? Do I need to have a job before he can apply?

 

I ask because I am not sure what they expect when they ask that the EEA national "prove" that they are "exercising European Treaty rights in the UK"?

 

Thank you in advance for your assistance.

 

 

 

 

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

1 apologise for the delay in reverting back to you, i will reply to your question shortly.

Kind regards
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

1. If he is issued with a 6 months eea resident permit and arrives to the UK with you then he is able to undertake work within those 6 months. The EEA residence permit usually take around 6 months to be issued but in some cases it may be quicker.

2. Yes, you would need to have obtained employment prior to him applying for an EEA permit, this is because the eea residence permit will only be issued if you are exercising treaty rights in the UK ie working, studying or self-sufficient. If you do not submit evidence of exercising treaty rights in the UK then he will not be issued with a residence permit.

You are said to be exercising Treaty rights if you are:

• employed or self-employed; or
• studying; or
• economically self- sufficient (meaning that you have sufficient funds to support you without requiring public funds); or
• a jobseeker; or
• retired; or
• someone who has had to cease working in the UK owing to permanent incapacity.

If you are hoping to find work then the evidence you need to provide are a letter/contract of employment from your employer, payslips, bank statements confirming of salary.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Expert:  UK_Lawyer replied 1 year ago.
I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2248
Experience: I am a qualified solicitor and an expert in UK law.
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