Transfer of spousal visa

[mimixuxu]

I am a Brazilian married to an Italian. We recently lived in Spain where I had a residency permit. We are now back in Brazil but plan to go to the UK to live early next year.

My question is: Is my residency visa for Spain valid in the UK? Or do I need to apply for a tourist visa to enter the UK and then apply for residency once there?

Any help greatly appreciated.

Mimixuxu

[Joppa]

I am a Brazilian married to an Italian. We recently lived in Spain where I had a residency permit. We are now back in Brazil but plan to go to the UK to live early next year.

My question is: Is my residency visa for Spain valid in the UK?

No.

Or do I need to apply for a tourist visa to enter the UK and then apply for residency once there?

That doesn't work - besides, Brazilians don't need a visa for tourist stay. If you came as a visitor, you wouldn't be able to 'switch' to a spouse visa after arrival - you'd have to return to Brazil to reapply.
What you should do is to apply for your spouse visa at a British consulate in Brazil. As a non-EU citizen married to a non-UK EU citizen, you are eligible to apply for EEA Family Permit, which is issued free and valid for 5 years. You need to satisfy a few conditions, such as your spouse will be able to support you in UK and you won't become dependent on welfare benefits. Find out from the consulate what it involves. It'd be a lot easier than gaining a spouse visa if you were married to a British citizen, as you'd be subject to more stringent UK regulations, rather than EU.

Any help greatly appreciated.

Mimixuxu

[frogblogger]

Joppa, that's an interesting tangent on the issue I raised on the French forum. My Thai spouse has now got a Schengen 6 month visa, and will be issued with a minimum 5 year French residence permit on arrival in France. I've just asked the British authorities what she will need to accompany me on a short break or two back 'home' to the UK (bearing in mind I don't live there, haven't lived there for nearly two decades, and the UK isn't a Schengen member).

Wonder how quick this 'Worldbridge Services' mob will be in replying, typical of the Brits to get a private company to handle such enquiries. I only emailed them yesterday, so I'm not expecting miracles...

[Joppa]

Originally Posted by frogblogger

Joppa, that's an interesting tangent on the issue I raised on the French forum. My Thai spouse has now got a Schengen 6 month visa, and will be issued with a minimum 5 year French residence permit on arrival in France. I've just asked the British authorities what she will need to accompany me on a short break or two back 'home' to the UK (bearing in mind I don't live there, haven't lived there for nearly two decades, and the UK isn't a Schengen member).

Wonder how quick this 'Worldbridge Services' mob will be in replying, typical of the Brits to get a private company to handle such enquiries. I only emailed them yesterday, so I'm not expecting miracles...

As a Thai national, your wife will need a visitor visa (entry clerance) from the British consulate. Her resident status in France has no bearing on it. Yes, many British diplomatic posts have subcontracted WorldBridge as visa agents and all applications need to be made through them - but they don't make a decision, and your visa will still be issued by the consulate. A straightforward visitor visa, for someone resident in France and married to a British citizen, shouldn't take too long. Maybe a week or two - there should be an indication on the consulate or WorldBridge site about likely timescale.

[frogblogger]

Looked at that one, the "General visitors: Tourist or visiting friends" seemed the only one that might be relevant, though it asks her to prove she has the means the support herself, despite the fact that she's accompanying her British husband, and we'll be with our British child.

They don't seem to have a box for spouses of Brits, with a business in the UK, but who happen not to live there.

[Joppa]

Originally Posted by frogblogger

Looked at that one, the "General visitors: Tourist or visiting friends" seemed the only one that might be relevant, though it asks her to prove she has the means the support herself, despite the fact that she's accompanying her British husband, and we'll be with our British child.

They don't seem to have a box for spouses of Brits, with a business in the UK, but who happen not to live there.

You can just declare your financial means and that should suffice, i.e you will be sponsoring her stay in UK. On visa form VAF1A, section 5.1, tick 'supported by spouse etc' and enter your details. Also complete 5.18, approximating your wife's share of cost.
http://www.ukvisas.gov.uk/resources/.../1903073/VAF1A