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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello there. I recently married a Turkish Lady in Turkey, we

Resolved Question:

Hello there. I recently married a Turkish Lady in Turkey, we currently live in Poland but will come back to the UK in a year or so, my wife needed a visa to enter the UK, does this still apply now we are married as its a pain having to go to the polish embassy every 6 months to get it.
Thanks XXXXX
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.
Hi Steve,

Thanks for your question/n .

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. What nationality are you please?
2. DO you plan to travel back to the UK before you return to settle permanently here?
Kind regards.

Tom
Customer: replied 2 years ago.


Hello Tom


I am British,


I travel back to the UK every couple of weeks to see my children from a previous marriage, in fact i am back tomorrow.


to give some background we have been in a relationship for a number of years and decided to get married, its not a problem for her to get a visa as she has worked in the UK before and visited many times. We both work for Tesco PLC and currently seconded to Krakow in Poland


Thanks


 

Expert:  Thomas replied 2 years ago.
Hi

Thanks for your patience.

If it is the case that you expect to travel back to the UK with your wife a number of times before you actually travel to settle permanently here then she will need to apply for visitor’s visas to travel here.

The fact that she has married you does not afford her any more rights in terms of visiting here than any other Turkish citizen unfortunately.

However, I would suggest that instead of applying a number of times for separate visitor’s visas that she instead makes an application for a visitor’s visa now, but instead of ticking the 6 months visa option she instead ticks the 1 year option.

This 1 year option is a multi-entry visitor’s visa. It means that within the 1 year granted by the visa she can enter the UK a number of times provided that she does not stay in the UK for more than 6 months out of the 12 months in total.

Sorry it could not be better news, I’m sure that you consider it unfair and I would be inclined to agree.

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 2 years ago.

Thanks, XXXXX XXXXX we could do that, i often read that people get married so that one partner or the other can gainentry to the UK and get a british passport, obviously this is not the case and she is very patriotic so would not want to change her passport but did think we could register the marriage and at least get a residents visa as that is what she has with Poland, and this can be renewed without going to the embassy.

Expert:  Thomas replied 2 years ago.
Hi Steve,

I'm afraid that the type of visa granted to her by the Polish government is based upon EEA rights. You are an EEA citizen exercising your EEA treaty rights in poland and, as such, she is entitled to be there with you as the non-EEA spouse of an EEA national.

The same does not apply in the UK because your right to be in the UK derives from the fact that you are a UK citizen, not because you are an EEA national exercising your treaty rights. It's s quirk of the UK system that it's actually more difficult for the spouses of UK nationals to gain entry to the UK that it is for the spouses of EEA nationals simply working in the UK.

It's a multi-entry visitor's visa or a spouse visa for her I'm afraid.

Please rate my answer.

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6647
Experience: BA (Hons), PgDip, Practising Solicitor
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