Moving to UK with Japanese wife, having a child - Page 2

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Moving to UK with Japanese wife, having a child - Page 2


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  #11 (permalink)  
Old 4th September 2011, 12:33 AM
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On the visabureau website I found out this quote that confirm what Jobba is telling me.
Quote:
An EEA Family Permit would in this instance would usually be issued for 6 months and allows unrestricted employment in the UK for the duration. In the course of those 6 months it is expected the EU citizen applies for a Residence Permit (if not already held) and their spouse/partner applies at the same time for a Five Year Family Permit.

This previous quote is in contradiction why the UK Border Agency paragraph on its EAA2 Residence Card application form (page2)
Quote:
There is no legal requirement for non-EEA or non-Swiss national direct family members of EEA or Swiss nationals who are exercising Treaty rights in the UK to obtain a residence card to confirm their right of residence in the UK. Any such non-EEA or non-Swiss national applying for a residence card does so on an entirely voluntary basis.[...]
This is what I do not really understand.


Regarding the Health Security, the UK Border Agency is asking for an evidence of private comprehensive sickness insurance policy. I asked for a quote on healthinsurancesolutions.co.uk and drewberryhealthinsurance.co.uk so I hope I can get something clear. I found on other forums that say I may get something around 40£/month.


Now another concern about the first quote and especially
Quote:
In the course of those 6 months it is expected the EU citizen applies for a Residence Permit (if not already held)
I thought the EU citizens would automatically have it (at least the permission, not the card itself) as member of the EU/EEA. Even I want to apply such permit, I am again facing contradictions. "Permanent Residence in the UK is called Indefinite Leave to Remain (ILR). Indefinite Leave to Remain is granted to people who have already shown a commitment to the UK on a temporary visa." but I do not have temporary Visa as a EEA member. Now, they help me check if I can qualify ILR but they ask (in the second part) for my visa which I not have.

Basically, I do not mind (yet) to not have the residence card as my french passport is supposed to work as well (I think). But I am worried if it can affect my wife's EEA2 application.

Many thanks

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  #12 (permalink)  
Old 4th September 2011, 01:25 AM
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Quote:
Originally Posted by christopheintheuk View Post
On the visabureau website I found out this quote that confirm what Jobba is telling me.



This previous quote is in contradiction why the UK Border Agency paragraph on its EAA2 Residence Card application form (page2)

This is what I do not really understand.


Regarding the Health Security, the UK Border Agency is asking for an evidence of private comprehensive sickness insurance policy. I asked for a quote on healthinsurancesolutions.co.uk and drewberryhealthinsurance.co.uk so I hope I can get something clear. I found on other forums that say I may get something around 40/month.


Now another concern about the first quote and especially

I thought the EU citizens would automatically have it (at least the permission, not the card itself) as member of the EU/EEA. Even I want to apply such permit, I am again facing contradictions. "Permanent Residence in the UK is called Indefinite Leave to Remain (ILR). Indefinite Leave to Remain is granted to people who have already shown a commitment to the UK on a temporary visa." but I do not have temporary Visa as a EEA member. Now, they help me check if I can qualify ILR but they ask (in the second part) for my visa which I not have.

Basically, I do not mind (yet) to not have the residence card as my french passport is supposed to work as well (I think). But I am worried if it can affect my wife's EEA2 application.
You don't have to have a residence certificate for UK as an EU citizen. Your passport is all you need to prove your entitlement as an EU national. While having it makes it easier when your wife applies on EEA2 for residence card, you can also supply other evidence of exercising treaty rights, such as employment contract.

The thing about residence card for non-EEA family member is that it provides documentary proof of entitlement to live in UK. While under EU law they don't have to have it (and the UKBA site mentions it in order not to fall foul of EU regulations), each EEA state can have its own rules about satisfactory evidence to be produced. So not having residence card will affect their ability to re-enter UK as well as when getting a job. Normally those who don't have residence card will have to get a fresh EEA family permit each time they want to re-enter UK, which will be a serious inconvenience. So if your wife doesn't want the hassle of having to argue her right under EU each time she arrives at UK border (with a possibility of refused entry), she should get her residence card.

Residence card application is currently taking anything up to 5-6 months, and there is as yet no mechanism for speeding it up by paying a fee, but it's under consideration by Home Office.

About the other thing you mention about ILR as an EU citizen. Since 2006, EU nationals who have lived in UK for 5 years automatically attain permanent residency, which is considered equivalent to ILR. This is only of academic interest for most as they have the right to live in UK as long as they like under EU law, but may become relevant if they want to be naturalised as British citizen, for example, for which PR/ILR is essential.
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  #13 (permalink)  
Old 1st October 2011, 08:43 PM
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I received the certificate of application telling my wife she will get an answer within 6 months. This letter arrived today the 1st of october. Application dated on 9th september.

About the comprehensive sickness policy, we got an insurance from Aviva with 3 months free. Something around 55pounds. This is more than the expected 40 pounds but sounds like age, sex and the hospital you may have to choose will change the price.

Anyway, the process is on its way. Hope on a good way.

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Old 1st October 2011, 09:17 PM
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Quote:
Originally Posted by christopheintheuk View Post
I received the certificate of application telling my wife she will get an answer within 6 months. This letter arrived today the 1st of october. Application dated on 9th september.

About the comprehensive sickness policy, we got an insurance from Aviva with 3 months free. Something around 55pounds. This is more than the expected 40 pounds but sounds like age, sex and the hospital you may have to choose will change the price.

Anyway, the process is on its way. Hope on a good way.
Good!
Do let us know when your wife gets her residence card. The standard timescale is within 6 months, but I'd like to know how long it's currently taking. Latest information I have is that many people get it within 2-3 months (one person got it within a month, but that must be an exception). Home Office was going to start a premium service at extra cost (around 300) for those who want their document on the same day, but there is no mention of it in the new UKBA website so looks like it has been shelved. There was a threat of appeal to the European court for EU family members having to pay for a service which should be provided free.

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Old 7th December 2011, 08:33 PM
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My wife received her residence card (which is not a card but a visa sticked in her passport) last friday, 2nd December. It took about 3 months (~6 SEP to 2 DEC). This is good to know as I expected more from the different testimonies I found around the net. This is a 5 year Visa.

Two strange things : the visa has been issued the 4th October. It looks like it takes more time to send the visa back than approving it.
I put a pre-paid (by myself) registered envelop to allow the UKBA to send us back the important documents (as they mention in the application form). The passport and other important papers did arrive by registered mail, but in a different envelop. Then I do not know who kept the one I paid for. My guess is that they would have used it if I asked to get back some documents prior to the delivery of the visa.

Anyway, we got our Visa. I could register my wife to NHS the same day. Now we need to get my wife an English driving license before the Japanese one expires. I already got the information from the direct.gov.uk website and from our local police station (they actually made me a copy of the same web page).

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Old 7th December 2011, 09:10 PM
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Quote:
Originally Posted by christopheintheuk View Post
My wife received her residence card (which is not a card but a visa sticked in her passport) last friday, 2nd December. It took about 3 months (~6 SEP to 2 DEC). This is good to know as I expected more from the different testimonies I found around the net. This is a 5 year Visa.

Two strange things : the visa has been issued the 4th October. It looks like it takes more time to send the visa back than approving it.
Yes, this is very common. I don't think they are just lazy in sending the passport back, but it must go through a procedure or two before being returned to the applicant.

Quote:
I put a pre-paid (by myself) registered envelop to allow the UKBA to send us back the important documents (as they mention in the application form). The passport and other important papers did arrive by registered mail, but in a different envelop. Then I do not know who kept the one I paid for. My guess is that they would have used it if I asked to get back some documents prior to the delivery of the visa.
Again it happens. They probably have just 'lost' your original franked envelope!

Quote:
Anyway, we got our Visa. I could register my wife to NHS the same day. Now we need to get my wife an English driving license before the Japanese one expires. I already got the information from the direct.gov.uk website and from our local police station (they actually made me a copy of the same web page).
I'm sure your wife got the official translation of her Japanese licence from the embassy for £15. After getting her British licence, her Japanese licence will be returned to the embassy, and she can ask for it to be sent to her or collect it herself.


Last edited by Joppa; 7th December 2011 at 09:13 PM.
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