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Discussion Starter · #1 ·
EEA family permit / Visa questions.

I'm have double citizenship UK/Venezuela and my wife its Venezuelan.

We are currently living in USA (we both enter with our Venezuela passports with tourist visas 11 years ago, overstayed, got married, have 2 kids)

We have some savings ~$25000 and we want to move to UK.

Can my wife apply for EEA family permit here in US so we can travel together to the UK (short and easy process), or she needs to return to Venezuela and apply for spouse visa (long and costly).

Thanks in advance.
 

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EEA family permit / Visa questions.

I'm have double citizenship UK/Venezuela and my wife its Venezuelan.

We are currently living in USA (we both enter with our Venezuela passports with tourist visas 11 years ago, overstayed, got married, have 2 kids)

We have some savings ~$25000 and we want to move to UK.

Can my wife apply for EEA family permit here in US so we can travel together to the UK (short and easy process), or she needs to return to Venezuela and apply for spouse visa (long and costly).

Thanks in advance.
EEA Family Permit is for non-EEA spouses of EEA (excluding UK) nationals, so she will have to apply for spouse visa.

teuchter
 

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EEA Family Permit is for non-EEA spouses of EEA (excluding UK) nationals, so she will have to apply for spouse visa.
[The only exceptional circumstance where the non-EEA spouse of a UK citizen can apply for an EEA family permit is when they are returning to live in the UK from another EEA country, where the UK citizen has been exercising treaty rights e.g. by working or studying (Surinder Singh judgement).]

teuchter
 

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Discussion Starter · #4 ·
[The only exceptional circumstance where the non-EEA spouse of a UK citizen can apply for an EEA family permit is when they are returning to live in the UK from another EEA country, where the UK citizen has been exercising treaty rights e.g. by working or studying (Surinder Singh judgement).]

teuchter
Thanks for replying, So to use this "loophole" we will have to move to another EEA country settle for some months then apply from there ?

If so, can we move to Spain and do all the paperwork from there ?
 

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Thanks for replying, So to use this "loophole" we will have to move to another EEA country settle for some months then apply from there ?

If so, can we move to Spain and do all the paperwork from there ?
In theory you could; however this would need to be weighed up against:

- the cost of/upheaval caused by two international relocations for a family of 4 within the space of a few months vs. the cost of a single UK spouse visa application for your wife (assuming your kids have UK passports)

- the potential disruption to your kids' schooling, being subjected to three different countries' educational systems within a matter of months (US/Spain/UK)

- the need to apply for/obtain an EEA family permit equivalent, to permit your wife to accompany you to Spain

- the need to convince/demonstrate to the UKBA that you have indeed been genuinely exercising treaty rights in Spain (they will require evidence), and the reality that they may well turn down your application if they are unconvinced

teuchter
 

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..... and don't forget that once you leave the US you will have an automatic 10 year ban.
 
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Let me be sure I understand what you are saying in your post:

You are a dual UK-Ven citizen who took his wife and family to the US and 'overstayed' your visa for 10+ years?

Why ever do you think UKBA is going to give you permission to come here?! Because you are an dual UK-EEA citizen? Really?

Is that how that works? You can scofflaw in a non-EEA country and then come with a large family to the UK? I get that you are a UKC, but I'm shocked really that you could expect to flout the immigration laws of the USA for a very considerable length of time, and then reasonable expect to be able to come to the UK, the legal ramifications just boggle my mind.

I hope you understand what I mean. Lo siento if not, I am seeing the legalities and niceties of the thing, nothing personal.
 

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Hi,
Let me clear the air before it gets thicker:

Thanks for replying, So to use this "loophole" we will have to move to another EEA country settle for some months then apply from there ?
It is not a "loophole". It is called Freedom of Movement under Directive 2004/38/EC.
If so, can we move to Spain and do all the paperwork from there ?
You can actually do that. Please read EUN2.14: UK Border Agency | EUN02 - EEA Family permits
However, you seriously should consider another route, as: 1) Spain has a rather large unemployment rate 2) Straight forward applications made in Madrid are taking upwards 6 weeks 3) Financial pressure + the well being of your children will be seriously compromised (school, friends, moving, etc)

***********************
The obvious!
Crawford said:
..... and don't forget that once you leave the US you will have an automatic 10 year ban.
Moreover,
AnAmericanInScotland said:
Let me be sure I understand what you are saying in your post:

You are a dual UK-Ven citizen who took his wife and family to the US and 'overstayed' your visa for 10+ years?

Why ever do you think UKBA is going to give you permission to come here?! Because you are an EEA citizen? Really?

Is that how that works? You can scofflaw in a non-EEA country and then come with a large family to the UK? I get that you are an UKC, but I'm shocked really that you could expect to flout the immigration laws of the USA for a very considerable length of time, and then reasonable expect to be able to come to the UK, the legal ramifications just boggle my mind.

I hope you understand what I mean. Lo siento if not, I am seeing the legalities and niceties of the thing, nothing personal.
As upsetting as it might look, OP is still an UKC. Therefore, is entitled to come to his/her country (or to any other country for that matter) with his/her family.

Even if OP wasn't UKC, but an EEA national, they still enjoy the privileges of the Freedom on Movement. Please read EUN2.22: UK Border Agency | EUN02 - EEA Family permits

Animo
(Cheers)
 
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Hi,
Let me clear the air before it gets thicker:


It is not a "loophole". It is called Freedom of Movement under Directive 2004/38/EC.

You can actually do that. Please read EUN2.14: UK Border Agency | EUN02 - EEA Family permits
However, you seriously should consider another route, as: 1) Spain has a rather large unemployment rate 2) Straight forward applications made in Madrid are taking upwards 6 weeks 3) Financial pressure + the well being of your children will be seriously compromised (school, friends, moving, etc)

***********************
The obvious!

Moreover,

As upsetting as it might look, OP is still an UKC. Therefore, is entitled to come to his/her country (or to any other country for that matter) with his/her family.

Even if OP wasn't UKC, but an EEA national, they still enjoy the privileges of the Freedom on Movement. Please read EUN2.22: UK Border Agency | EUN02 - EEA Family permits

Animo
(Cheers)
I tried to edit my post but missed the 15 minute deadline.

I do understand the OP is a UKC, and thereby has the right to return to the UK. Oh wait, I did mention that in my post. What I wanted to edit was that I wrote he wants to bring a large family to the UK, and I see he only has two children. And a wife. All of whom are lawbreaking visa violators.

I take exception to his using the group intelligence of this forum's members to 'find a loophole' because if he had his spouse apply whilst still in the US in violation of US Immigration laws (you know, that pesky ten years+ overstay on the visa thing), she'd surely be refused a visa into the UK as a visa violator, no?

So I'd have to assume that when the UKBA looks over their application no matter where it generates from, the spouse and children, who will have to explain their whereabouts for the past several years, are going to have to admit having broken US Immigration laws for over ten years-and I'm pretty sure the UKBA will not look kindly on that.
 

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AnAmericanInScotland said:
I tried to edit my post but missed the 15 minute deadline.

I do understand the OP is a UKC, and thereby has the right to return to the UK. Oh wait, I did mention that in my post. What I wanted to edit was that I wrote he wants to bring a large family to the UK, and I see he only has two children. And a wife. All of whom are lawbreaking visa violators.

I take exception to his using the group intelligence of this forum's members to 'find a loophole' because if he had his spouse apply whilst still in the US in violation of US Immigration laws (you know, that pesky ten years+ overstay on the visa thing), she'd surely be refused a visa into the UK as a visa violator, no?

So I'd have to assume that when the UKBA looks over their application no matter where it generates from, the spouse and children, who will have to explain their whereabouts for the past several years, are going to have to admit having broken US Immigration laws for over ten years-and I'm pretty sure the UKBA will not look kindly on that.
I tend to agree. Immigration offenders even if undetected are unlikely to be issued with visa for UK. UK Border Force, part of UKBA manning borders, now routinely turn away those who have overstayed in Schengen, even though UK isn't part of it and has no job policing its rules. On visa application, you have to state your current visa status and enclose your passport, so UKBA will find out you are an illegal immigrant in US.
 

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I tried to edit my post but missed the 15 minute deadline.

I do understand the OP is a UKC, and thereby has the right to return to the UK. Oh wait, I did mention that in my post. What I wanted to edit was that I wrote he wants to bring a large family to the UK, and I see he only has two children. And a wife. All of whom are lawbreaking visa violators.

I take exception to his using the group intelligence of this forum's members to 'find a loophole' because if he had his spouse apply whilst still in the US in violation of US Immigration laws (you know, that pesky ten years+ overstay on the visa thing),........
That's why I interjected and corrected OP. This forum is not a place to "suggest" or "advise" how to do "things" outside the law. I am a dual citizen US-VEN, and a legal resident in the UK. I have always followed the law, done everything by the book and under no circumstances, like most of us in this forum, will engage nor participate in "shady" business.

AnAmericanInScotland said:
.......... she'd surely be refused a visa into the UK as a visa violator, no? So I'd have to assume that when the UKBA looks over their application no matter where it generates from, the spouse and children, who will have to explain their whereabouts for the past several years, are going to have to admit having broken US Immigration laws for over ten years-and I'm pretty sure the UKBA will not look kindly on that.
Under UK immigration regulations your statement might be true, but not under EU regulations as per amendments made on June 2011.

Animo
(Cheers)
 

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Discussion Starter · #12 ·
Thanks to everyone for your honest feedback.

I guess the best thing to do would be for my wife and kids to move back to Venezuela while I settle in the UK and then start the visa application for her after about ~9 months (since I will need at least 6 months of bank statements, right? plus all the others requirements like pay slips, rent, etc).
 

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Thanks to everyone for your honest feedback.

I guess the best thing to do would be for my wife and kids to move back to Venezuela while I settle in the UK and then start the visa application for her after about ~9 months (since I will need at least 6 months of bank statements, right? plus all the others requirements like pay slips, rent, etc).
Except that she will still have to declare any immigration offences committed anywhere in the world on the application, and it will be up to UKBA in Venezuela to decide whether a visa should be issued. If she omits to mention it, UKBA has ways of finding these things out through cross-border co-operation with USCIS, and dishonesty (witholding material facts) can get her banned from UK for 10 years.
 

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Discussion Starter · #14 ·
Except that she will still have to declare any immigration offences committed anywhere in the world on the application, and it will be up to UKBA in Venezuela to decide whether a visa should be issued. If she omits to mention it, UKBA has ways of finding these things out through cross-border co-operation with USCIS, and dishonesty (witholding material facts) can get her banned from UK for 10 years.
Thanks again for your repsonse.

I was afraid of that..... :(
 
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