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Help! Non EU national married to an EU national settled in uk

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  • 25-02-2016 4:17pm
    #1
    Monali
    Registered Users Posts: 11 ✭


    Hi!
    To keep it short, I'm a Pakistani wife married to an irish national who currently is in uk. I hope to join and live in uk with my husband.

    I want to apply for my visa from Pakistan
    But am confused.

    1. Should I apply for EEA family permit or settlement of wife of an eea national?

    2. I travel to and back to UAE and hold a residence visa, last I came back was in September 2015 and my 6 months will complete in march 2016, would I still need a TB certificate?

    3. My husband says I don't need an English language test as a spouse of eea national. But just in case I want to know if I need one. I've done bachelors in arts in English advance but my final year result is not out yet. Thus I have no prove that I did that yet.

    4. Do I need to answer every unnecessary question in the VAF5 form i.e EEA family permit as a spouse of eea national?


    I'll update my queries if I have any.
    I want to apply my visa asap.
    Waiting for replies and thank you in advance.
    Mona ali


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    #2
    TheHillOfDoom
    Banned (with Prison Access) Posts: 794 ✭✭✭TheHillOfDoom


    Hi Monali - I've posted on your other thread, but you may not have seen it

    try here

    mumsnet.com/legal_matters

    A lot of people in similar situations on that website.


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    #3
    TheHillOfDoom
    Banned (with Prison Access) Posts: 794 ✭✭✭TheHillOfDoom


    Incidentally, now that I think of it, when I was recently in the Irish Embassy in London, there was an Irish man with a non-EU wife there who was trying to do something similar. It may be the Irish Embassy in London that you need to deal with. From what I overheard there, the Irish husband had to apply for a visa on behalf of his wife (they had brought everything but the kitchen sink with them in terms of paperwork!).
    It might be worth while if both you and/or your husband popped into the Irish Embassy in London.


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    #4
    Monali
    Registered Users Posts: 11 ✭Monali


    TheHillOfDoom wrote: »
    Incidentally, now that I think of it, when I was recently in the Irish Embassy in London, there was an Irish man with a non-EU wife there who was trying to do something similar. It may be the Irish Embassy in London that you need to deal with. From what I overheard there, the Irish husband had to apply for a visa on behalf of his wife (they had brought everything but the kitchen sink with them in terms of paperwork!).
    It might be worth while if both you and/or your husband popped into the Irish Embassy in London.



    Yes. Either my husband applies for my visa from uk or I apply from Pakistan. I'm currently in Pakistan and he's in London. Lol I can imagine how the picture would have been. We've been doing the same.collecting as many docs as I can relevant to my case. He has a solicitor but I'm doing the homework for my information.
    Mostly people are saying I should apply for an eea family permit. But I still need confirm answer on whether I need an english language certificate and/or TB medical certificate.
    Plus, the questions on the eea permit form are annoying me.way too many,repeated and unnecessary.


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    #5
    TheHillOfDoom
    Banned (with Prison Access) Posts: 794 ✭✭✭TheHillOfDoom


    I'd vote for your husband rocking up to the embassy and finding out exactly what supporting paperwork you need.


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    #6
    Monali
    Registered Users Posts: 11 ✭Monali


    TheHillOfDoom wrote: »
    I'd vote for your husband rocking up to the embassy and finding out exactly what supporting paperwork you need.


    Thank you for your time and effort. I'm thinking the same. I'll still keep myself prepared in case I'll have to apply. Much thanks.


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    #7
    Playboy
    Registered Users Posts: 2,923 ✭✭✭Playboy


    Try this forum. Very knowledgeable people on there who will be able to guide you in the right direction.

    http://www.immigrationboards.com/


  • Options
    #8
    Marcusm
    Registered Users Posts: 10,322 ✭✭✭✭Marcusm


    Monali wrote: »
    Yes. Either my husband applies for my visa from uk or I apply from Pakistan. I'm currently in Pakistan and he's in London. Lol I can imagine how the picture would have been. We've been doing the same.collecting as many docs as I can relevant to my case. He has a solicitor but I'm doing the homework for my information.
    Mostly people are saying I should apply for an eea family permit. But I still need confirm answer on whether I need an english language certificate and/or TB medical certificate.
    Plus, the questions on the eea permit form are annoying me.way too many,repeated and unnecessary.

    As your husband is Irish and living in the uK, you get to choose whether you wish to follow the UK domestic route or the EEA route. The reason for this is tht Irish people are treated as present and settled (indefinitie leave to remain) in th UK from arrival - other EEA nationals can get this status after 5 years there.

    THe limitations vis a vis income, english language proficiiency etc are only applicable if you follow the UK domestic route. If you proceed along the EEA family permit route, they are not permitted to apply any such restrictions. UKResident.com is probably the largest forum drawing not only on immigrant members but also solicitors and immigration agents. The EEA route is free but is not necesssarily the fastest. IIRC, if you and your husband both present yourself with all relevant documents at the UK border claiming EEA spousal status, they must process you on an interim basis. This can be a stressful approach but doesn't seem unusual - ultimately very few restrictions can be placed on the rights of an EEA (as opposed to UK/settled national( having their spouse with them.


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    #9
    Speedwell
    Registered Users Posts: 3,809 ✭✭✭Speedwell


    Marcusm wrote: »
    As your husband is Irish and living in the uK, you get to choose whether you wish to follow the UK domestic route or the EEA route. The reason for this is tht Irish people are treated as present and settled (indefinitie leave to remain) in th UK from arrival - other EEA nationals can get this status after 5 years there.

    THe limitations vis a vis income, english language proficiiency etc are only applicable if you follow the UK domestic route. If you proceed along the EEA family permit route, they are not permitted to apply any such restrictions. UKResident.com is probably the largest forum drawing not only on immigrant members but also solicitors and immigration agents. The EEA route is free but is not necesssarily the fastest. IIRC, if you and your husband both present yourself with all relevant documents at the UK border claiming EEA spousal status, they must process you on an interim basis. This can be a stressful approach but doesn't seem unusual - ultimately very few restrictions can be placed on the rights of an EEA (as opposed to UK/settled national( having their spouse with them.

    My husband is a dual Irish-UK citizen, and I am pretty sure they would refuse to allow him to proceed on the EEA route. The restrictions on the Surinder Singh route (you cannot exercise EU "free movement" rights in a country of which you are a citizen) are unfortunately pretty plain.

    If I am wrong and you know that dual UK/other-EU citizens such as my husband may use EEA rules instead of the rules for UK citizens when applying for a spousal visa for a non-EU spouse, I implore you to give me full and recent details... I am working for a small UK-based company who are trying desperately to find a way to bring me "home" to the head office!


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    #10
    Marcusm
    Registered Users Posts: 10,322 ✭✭✭✭Marcusm


    Speedwell wrote: »
    My husband is a dual Irish-UK citizen, and I am pretty sure they would refuse to allow him to proceed on the EEA route. The restrictions on the Surinder Singh route (you cannot exercise EU "free movement" rights in a country of which you are a citizen) are unfortunately pretty plain.

    If I am wrong and you know that dual UK/other-EU citizens such as my husband may use EEA rules instead of the rules for UK citizens when applying for a spousal visa for a non-EU spouse, I implore you to give me full and recent details... I am working for a small UK-based company who are trying desperately to find a way to bring me "home" to the head office!

    The OP has not suggested that he husband has dual UK/Ireland citizenship and my post was directed to her facts. I can see the issue for your husband as he has presumably never exercised his treaty rights to live in the UK but has lived there as a UK citizen. UK citizens with non EEA national spouses who are excluded by the income/language tests, routinely (where circumstances allow) relocate to another EEA member state (often Ireland) for periods of 6 months in order to return and assert treaty rights vis a vis bringing the spouse into the UK.


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    #11
    Monali
    Registered Users Posts: 11 ✭Monali


    Marcusm wrote: »
    As your husband is Irish and living in the uK, you get to choose whether you wish to follow the UK domestic route or the EEA route. The reason for this is tht Irish people are treated as present and settled (indefinitie leave to remain) in th UK from arrival - other EEA nationals can get this status after 5 years there.

    THe limitations vis a vis income, english language proficiiency etc are only applicable if you follow the UK domestic route. If you proceed along the EEA family permit route, they are not permitted to apply any such restrictions. UKResident.com is probably the largest forum drawing not only on immigrant members but also solicitors and immigration agents. The EEA route is free but is not necesssarily the fastest. IIRC, if you and your husband both present yourself with all relevant documents at the UK border claiming EEA spousal status, they must process you on an interim basis. This can be a stressful approach but doesn't seem unusual - ultimately very few restrictions can be placed on the rights of an EEA (as opposed to UK/settled national( having their spouse with them.


    Thank you for the information. Yes now I'm very sure that I'll apply for an eea family permit from Pakistan with only relevant docs such as proof of marriage,accommodation proof,maintainance proof. I'm now aware that I don't need tb or English language certificate as my initial visa will be for 6 months. And he will not be traveling with me so to avoid any situation which might cause problems for me I'll wait for my permit. He's been in the uk for almost an year now so he's not a uk citizen but an eu member exercising his treaty rights.


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