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New User
Posts: 2
| Hi All,
it's several weeks that we're struggling without success, I hope someone here may help us
my wife and I got married in Russia a few weeks ago, she is Russian and I am Italian.
I am now in UK finalising a Job offer for a local bank (I work as freelance contractor).
What would be the best way for getting a visa for my wife so that she can join me here?
I thought that applying for a standard marriage visa would be the easiest and 'safest' way but I've been told that it can happen the BA will deny the visa as they may think it's a convenience/fake marriage because we're just married.
Is that true? in case is there anything we can do to prove that our marriage is real and that we just want to live together? We are also expecting a baby; doesn't this prove well enough that our marriage is not a scam to sneak her into uk?
Maybe another option could be for me to setup an llc here in UK and hire her?
would this be safer, easier or faster than going for the marriage visa?
Unfortunately the documentation on the ukba website about this specific case is very confusing.
Even from the BA offices in Moscow we got contradictory information.
Please note:
- I got a formal job offer, but I did not start to work yet, I am under screening as the bank needs to check I'm clean from criminal records and bankrupts/tax frauds (I've been told it's standard procedure here if you're going to work for a bank), the process should take 48-72 hours.
- I'm looking to rent a flat here but at the moment I don't have an address here in UK (I'll be able to do it as soon as I receive my final contract).
Any help will be very appreciated!
thanks
Daniele |
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Expert
Posts: 1201
 
Location: When at home either Sakhalin Island or Scotland | Hello and Welcome.
First question, are you intending to settle in the Uk on a permanent basis?
Next question, how long do you plan to stay in the UK.
Pre-empting your answers, the easiest visa to get for the UK is a visitor visa.
A visitor visa is to a degree a restrictive visa because it is designed for visiting the UK.
I am not too sure though how a visitor visa will work with you being a EEC national.
A spouse (Marriage) visa is designed for settlement in the UK, it is very expensive and there are many checks made on such a visa.
If you do not plan in living in the UK then I think that the marriage visa is not for you.
There are alternative options for EEC nationals but as far as I am aware they do take some time.
I am sure that others will advise you better.
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Expert
Posts: 4132
 
Location: South Leicestershire | But if you intend to stay in the uk for 2 or better 3 years then a spouse visa is the answer as your wife will be able to get indefinate leave to remain and after three years citizenship. This will give her the same rights as you and me.
The alternative is an eea family permit which is free ... Yannis (wiz) is our resident expert on this route but I would want to know what happens if you return to italy inside the five years taking this route.
Ps welcome |
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Elite Veteran
Posts: 785
Location: Bookham, Surrey | TonyH - 2010-01-19 9:00 AM
But if you intend to stay in the uk for 2 or better 3 years then a spouse visa is the answer as your wife will be able to get indefinate leave to remain and after three years citizenship. This will give her the same rights as you and me.
The alternative is an eea family permit which is free ... Yannis (wiz) is our resident expert on this route but I would want to know what happens if you return to italy inside the five years taking this route.
Ps welcome
Hello and Welcome Daniele
Tony (not sure but) I can't see how he can apply for a spouse Visa in the UK with his Italian Passport?
As an EU National he must first exersise his right under the EU directive 2004/38/EU and apply for a Resident card in the UK and then his wife can apply for a settlement visa under the same directive to come and join him in the UK.
To establish himself here for Long Term residency under the EU Directive, he will need to prove his job contract, he has permanent accommodation, bank account etc. and then he will receive his Resident Card.
His wife then can apply for her settlement Visa to UK, Application EAA2 is made on line and in English and also make an appointment with the VAC in Moscow.
Documents they must provide are nearly the same as the Spouce Visa.
Marriage Certificate (Apostile, translated and Notarised), make sure you get 3+ copies you will need them later here in the UK, Financial statements, proofs of your long term relationship, letters, photos, tickets, telephone bills and anything you can show that your relationship is not a fake one.
After your wife arrives in the UK then you must apply for her Resident Card at the UKBA, so make sure you keep copies and have the same as your application in Moscow.
The VAC was paid the post costs by my wife to return her document Dossier....... but never did and when asked by me....24 hours later claimed they can't find it and all that to save 18 Rubbles, bloody chepskates! 
Once your wife receives her Resident Card in the UK she can travel freely anywhere in the EU without the need of a Schegen Visa.
If let's say after 2-3 years you decide to go back to Italy your wife can join you with the same procedure under the Famouse Surigner Case. Msbody, A British citizen living in Cyprus has used this route!
have a read
http://www.realrussia.co.uk/forum/forums/thread-view.asp?tid=2574&s...
Tony
I am useless searcing on this site to find my original post ..........which has the full detals of my route.  |
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Expert
Posts: 4132
Location: South Leicestershire | I'll have a go later at finding it... when I am on a pc and not a phone  |
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Expert
Posts: 4132
Location: South Leicestershire | Of course your correct yannis there is no settlement route for her under uk law so a spouse visa is out
link to eea application info http://www.ukba.homeoffice.gov.uk/eucitizens/applyingundereuropeanl... |
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New User
Posts: 2
| Hi and thank you all for the help and the precious information.
To answer some of the questions:
- Yes we intend to settle in the Uk on a permanent basis
- we are going to stay here minimum 1 year, maybe 2-3, if after that period we like the country maybe we'll settle here for life.
I will study all the links that you provided and then post back.
thanks again so far!
Daniele |
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Expert
Posts: 1201
Location: When at home either Sakhalin Island or Scotland | Yannis (wiz)
I think that this is the link that you were looking for.
http://www.realrussia.co.uk/forum/forums/thread-view.asp?tid=1988&p...
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Elite Veteran
Posts: 785
Location: Bookham, Surrey | Thanks Raffi
That post had most of the info necessary for the EU route and hope Daniele will find some help there.
Amy how now you have a strting point and good luck.
PS: Pitty I can't find my original when first started talking about which route to choose... British Passport or the EU route..... The site does not give me the option to search for all my posts or other peoples posts......
Edited by wiz 2010-01-20 7:33 AM
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Elite Veteran
Posts: 750
| Ciao Daniele,
The process is simple.
You, as an EEA Citizen, have an absolute right of residence in the UK for 90 days, after that period you must be exercising a Treaty Right (work, study, job seeking etc).
Your non-EEA wife has exactly the same rights, derived purely from her relationship to you. Those rights exist regardless of the issuing of any paperwork by the UK. Any permits, Residence Cards etc only confirm those existing rights, they do not grant them (though they are of course, useful to have).
The practical steps are that your wife should (whether she is in Russia or Italy) apply for a EEAFP (which must be free and issued speedily) to accompany, or join you in the UK. Don't be put off by the long form the UKBA site provides, you can ignore many of the things it asks for. As long as you supply your passports and a marriage certificate they *cannot* refuse your application unless they are able to prove it is a marriage of convenience or that you are a threat to public order, etc. You can even arrive in the UK without an EEAFP for her as they *must* admit you if you supply your passports and a marriage certificate (however an EEAFP makes it easier as there is always the risk of an ignorant airline staff member refusing to let the non-EEA spouse board "without a visa").
Once here she can apply for a Residence Card, that will probably take a long time, but remember that it is *not* a prerequisite for anything. You both have residence etc rights without any paperwork. The Home Office will supply a Certificate of Application showing that they have received the residence card application, this is usually enough proof of entitlement for employers etc.
You have it a lot easier than most of us
Make sure you have read http://ec.europa.eu/commission_barroso/barrot/archive/guide_2004_38...
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Elite Veteran
Posts: 785
Location: Bookham, Surrey | Mark
Thanks for correcting my mistake regarding the timing for the application.
Actually your post should be a sticky, adding also the various links to the EU directive 2004/38/EU and also to the UKBA and the VAC web sites.
I think it will be advisable for him to secure the job first and then organise the accommodation and also the financial side to avoid any silly nonsense by the UK Consulate in Moscow. I also think the more documents his wife can provide regarding their relationship, proving that their marriage and relationship it's not a fake but an honest one, in the long run will save him hasle time and money.
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Member
Posts: 7
| Hello everybody,
I am, neither my wife is russian but I just found this thread while I was looking on information concerning the EEA family permit.
I am Italian and my wife is Indian
I have a job in London and would like to bring my wife there as well.
My accomodation is currently a flat shared by other people with no common room except toilet, bathroom and kitchen. there are 4 rooms with people in it.
I rent one of them and while there is place for my wife, I was wandering if it could affect English government decision about her application to the EEA family permit.
We are actually planning to move as soon as she is coming there but I do not want to move before.
What do you think?
Should I not worry and let my wife send the application mentioning the status of my accomodation?
Thanks in advance for your replies,
best wishes,
Ronano
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Elite Veteran
Posts: 750
| Accommodation is irrelevant to an EEAFP. |
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Member
Posts: 7
| Thanks for the answer,
just some more questions:
It means that whatever my wife filsl in, they will not even look at it?
Do you have any ideas why they ask so much details then?
Thanks again,
Best wishes,
Edited by helloWorld 2010-02-03 11:00 AM
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Expert
Posts: 2613
Location: Volgograd & Moscow | Do you have any ideas why they ask so much details then?
No - but one could speculate until thw cows come home ... |
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Elite Veteran
Posts: 750
| helloWorld - 2010-02-03 10:59 AM
It means that whatever my wife filsl in, they will not even look at it?
Do you have any ideas why they ask so much details then?
That form is also used for some other applications, but generally they just like intruding - they got used to it via the UK Immigration Rules and the habit sticks.
They have no rights to ask you for anything other than proof that you are an EEA citizen and proof that she is your family member, and if you prove those two things they cannot refuse you (except in very, very narrow and unlikely circumstances).
Their instructions to their staff summarise it thus:
"Applicants claiming to be direct family members have to show that they are related as claimed to an EEA national who is exercising treaty rights in the UK or who intends to do so. If they can establish this, they have a right to an EEA family permit unless they fall to be excluded from the UK on grounds of public policy, public security or public health."
Edited by mym 2010-02-03 2:27 PM
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Member
Posts: 7
| Hi
This is becomig an old thread but I have still one question related to the EEA family permit (the date of application approach).
In the VF5 form it is asked to provide the length of stay as well as the intended date of departure.
What are the consequences of this part: Is 6 month the safest bet, or can we mention that there is no intended departure (my wife an I plan to live in the UK for a while).
Can we put more than 6 month without worrying about being refused?
I know that the EEA family permit is not a visa, does it means that if we put only 6 month intended stay my wife can still stay in the UK after this period?
As soon as my wife reach UK she will apply for a residence card but I heard that it can take more than 6 month, it is why we would like to know if we should put 6 month or more on the VF5 form.
Thank you all for the help you can provide.
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Elite Veteran
Posts: 750
| helloWorld - 2010-03-10 7:00 AM
I know that the EEA family permit is not a visa, does it means that if we put only 6 month intended stay my wife can still stay in the UK after this period?
Yes.
As soon as my wife reach UK she will apply for a residence card but I heard that it can take more than 6 month, it is why we would like to know if we should put 6 month or more on the VF5 form.
An EEAFP lasts 6 months anyway, and is just an entry permit confirming to the Officer at the border that her right to enter and reside has been checked in advance, you don't need to put any departure date on it. Her rights depend on you and the marriage, not on permissions from the Home Office (though after the first 90 days residence you yourself have to be exercising treaty rights). |
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Member
Posts: 7
| Hi Mark, thanks for the quick reply,
If I understood you correctly, my wife does not even need to fill this part of the form.
Can we answer "indefinitely" for intended length of stay and leave blank the intended date of departure from UK?
Will this not influence their decision time?
What do you mean by:
(though after the first 90 days residence you yourself have to be exercising treaty rights). ?
I am in the UK since January 28th and I have a job since February 1st. I will got to India arround April 16th to apply for the EEA family permit with my wife (as she do not speak English completely and would be quite difficult to handle that all alone). If the application is quick enough, we expect to come back to the UK before May or just on May 1st (that s what I told my company anyway... and if the EEA permit takes more time, I will have to come back alone and wait two more month to come back to India to bring my wife in the UK due to the new indian rules) |
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Elite Veteran
Posts: 750
| Yes you can answer "indefinitely" for intended length of stay and leave blank the intended date of departure.
They are legally obliged to issue EEAFPs on the basis of "as soon as possible" via "an accelerated procedure" - ie they have to prioritise them.
Remember that she has to be *either* travelling with you *or* to join you - so if there should be any delay (unlikely) then there would no need for you to return to India to get her once she has the EEAFP.
The 90 days bit just refers to the fact that EEA Citizens and their families have an absolute right of residence in the UK for the first 90 days, regardless of treaty rights being exercised, after that they need to have a job, be studying, jobseeking etc etc - as you make clear, that's irrelevant to you as you have a job here already. I was just making it clear for any casual readers.
Edited by mym 2010-03-10 12:13 PM
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Member
Posts: 7
| Concerning: " she has to be *either* travelling with you *or* to join you "
I am in doubt about my case:
If I follow the VAF5 form, because I am residing in the UK I should answer "yes" to the question 8.3.6 (Is the EEA National currently living in the uk" and then after mentioning the date at question 8.3.7 I should jump on question 8.3.9 skiping the question 8.3.8 ( "If the EEA national is not in the UK will you be travelling to the UK together?" )
But in my case, I am both currently living in the UK (except that I will be in India at the time of application) and I will be accompagning my wife (thus I should answer "yes " to question 8.3.8.
And because as you mentioned according to http://www.bia.homeoffice.gov.uk/sitecontent/documents/policyandlaw...
"2.2 Issue of a Family Permit
The applicant should be issued a Category D Vignette. There are two types of
endorsement on a Family Permit. This will be either:
FAMILY MEMBER ________ (specify as appropriate) OF AN EEA NATIONAL WHO
WILL BE TRAVELLING WITH HIS/HER EEA FAMILY MEMBER
Or
FAMILY MEMBER _______ (specify as appropriate) OF AN EEA NATIONAL WHO
WILL BE JOINING HIS/HER EEA FAMILY MEMBER IN THE UK
An EEA Family Permit should be made valid for 6 months from the date of issue and
may be used for multiple entries to the UK during that period."
I have only two choice. Do you think I should mention that she will join me and at the entry point if they see us together, they will not mind as we are already together. Or should I say that we will be travelling together in which case the VAF5 form would have to be hacked (I mean I would have to make annotation to explain why I both say yes to question 8.3.6 and did not skip the question 8.3.8).
Also do you think that at the time of application my presence will discredit the application if we say that she will join me instead of accompanying me...
Hope it is not too confusing, :p
Concerning " if there should be any delay (unlikely) then there would no need for you to return to India to get her once she has the EEAFP. "
My wife never took the plane and never go through so much administration/information. She is also partially illiterate (learning though). As a consequence, the path from her village to London seem to me and her quite a difficult task. Hope we get it in our 2 weeks time. Then after that she will probably learn a lot about all that
Thank you so much for your help Mark
Edited by helloWorld 2010-03-10 10:31 PM
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Elite Veteran
Posts: 750
| The two questions are not mutually exclusive. I would go for yes to 8.3.6.
If you happen to be travelling with her when she travels, because you were visiting her, that does not make any difference to the fact that you do now live in the UK. Nor does it alter the fact that the EEAFP is an entry permit confirming her right to enter either with or to join you. There are two forms of the vignette for internal statistical reason in the UKBA, they are functionally identical. |
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Member
Posts: 7
| I understand: "yes" for 8.3.6 because I am living in the UK
But I guess I should then not answer 8.3.8 because the VAF5 form ask to jump on 8.3.9 after saying yes to 8.3.6 (it seems that the questions are mutually exclusive on the form...)
My worry about joining/ accompanying is on the application time. As joining means we are not together, I was thinking it might affect their decision time... but because I am living in the UK already (with a job) it should be no further processing, right?
Regrding job, by the way, I do not need to have a registration certificate (not mandatory for EEA) to make the processing time fast, the contract/ letter from employer should be enough?
Thanks |
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Elite Veteran
Posts: 750
| The decision time is not affected.
Details of your job are irrelevant to an application for an EEAFP - they only become relevant for an application for a Residence Card once she is in the UK.
Don't worry about it too much, this is not a visa application and the ECO in the embassy has NO discretion in this matter - if you submit proof that you are an EEA citizen and proof that she is your family member then they MUST issue the EEAFP. In questo caso, la burocrazia è tua amica
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Member
Posts: 7
| большое спасибо
Edited by helloWorld 2010-03-11 11:52 PM
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Uk Visa for Russian wife of EEA national
