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Thomas
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im just wondering if when my wife comes to the uk via the surrinder

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im just wondering if when my wife comes to the uk via the surrinder singh (we will have been in ireland (me working for 3 months plus) route she will require a spouse visa ?
thanks in advance.
Submitted: 10 months ago.
Category: UK Law
Expert:  Thomas replied 10 months ago.
Hi

Thanks for your patience.

If you wife is applying for an EEA Family Permit under the Surinder Singh Ruling and is successful then she can travel to the UK on the permit.

Once she is in the UK she will be regarded as entering with you as an EEA national exercising treaty rights in the UK. This means that 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/

This will confirm her right to reside in the UK for a period of 5 years. Technically there is no requirement for her to apply for this, but it is generally thought better to do so because it makes it a lot easier to prove to proposed employers that she has a right to work in the UK.

At the end of the 5 year residence in the UK she can apply for Permanent Residence, which is effectively ILR by another name.

Good luck.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6372
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 10 months ago.

thanks thomas.


 


how likely do you think it is she will be able to get said EEA family permit ? she has an exemplary visa record and by then we will be married a few months. do some people struggle to get it ?


thanks in advance, andy.

Expert:  Thomas replied 10 months ago.
Hi,

If you are able to prove with documentary evidence that you have worked for 3 months in Ireland and that you are married then you shoudl be okay.

Some people struggle, but only because they miss out documentation which is required and asked for under the application.

Kind regards,

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6372
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 4 other UK Law Specialists are ready to help you

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