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Discussion Starter #1
Hi,

I am a EU citizen living in UK. I am planning to marry my non-EU partner who has been living in UK with me for about 10 months now.

I did some researched and found 2 things:

1. Resident Card - which is easy to apply for, valid for 5 years and requires one of us to be settled in the UK (in this case myself) and a proof of relationship (future marriage certificate).

2. Family of a settled person visa - which directs to going throught Partner (5-year route) that requires a partner in UK to earn £18.6k per year.

Once we are married, can my partner apply for a resident card and avoid applying to Family permit/visa? She is currently on Student Visa in UK.


Thank you for your help!
 

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Ok. Since you are an EU citizen she will apply for a 5 year residence card as long as you are exercising economic treaty rights-meaning you're working.

You cannot apply as family of a settled person because you are not considered settled in the UK. You would need to be a UK citizen or have permanent residency which takes 5 years of living in the UK.
 

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Discussion Starter #5
Thanks.

I am only couple of months away of my 5 years in UK. Does that mean my partner won't be able to apply for the residence card?

It seems that applying for residence card is easier than family of settled person visa as you don't have to show your income.
 

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You don't have to be in the UK for 5 years for your partner to be able to apply for an EEA2 permit. You only need to be exercising economic treaty rights. It is the easier and cheaper option. There isn't an income threshold but you do have to prove that you are employed which means supplying pay slips and bank statements.

To apply as family of a settled person you would need to have permanent residency which requires 5 years residency and you need to meet the financial, accommodation and relationship requirements.
 

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You don't have to be exercising economic treaty rights - you just have to be a qualified person under the Immigration (European Economic Area) Regulations 2006. There are extra conditions when you aren't in work, such as studying or self-sufficient - holding comprehensive sickness insurance (private medical policy), but your partner can still apply for residence card.
 

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Discussion Starter #9
Thanks for that.

I read somewhere that it takes up to 6 months for Residence Card to be issued. What happens if my partners student visa expires before that?
 

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3-6 months on average.
Provided she is a family member of an EEA citizen who is a qualified person, then she has the right to remain in UK, until Home Office decides otherwise by refusing residence card.
 

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Discussion Starter #11
3-6 months on average.
Provided she is a family member of an EEA citizen who is a qualified person, then she has the right to remain in UK, until Home Office decides otherwise by refusing residence card.
Can she travel outside the country and come back with expired student visa and while still waiting for residence card? Or does she have to stay in the country, otherwise she would not be allowed back in throught the customs?
 

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Not recommended. She has to get either EEA family permit before returning to UK or try to get code 1A stamp at UK border. If she is a visa national, code 1A option is out as no airline will carry her to UK without family permit, residence card or a visa.
 

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Discussion Starter #13
Quick update

So we got married and my wife has applied for the Residence Card. However, that might take up to 6 months. With the holidays coming up, and her passport being held at Home Office, I was thinking if it is possible to get her passport back without having to withdraw the application so we could got travelling around holiday period.

Anyone knows how it works?
 

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In that case she should get another EEA family permit abroad before returning to UK. While they can in theory give her EEA dependant ink stamp instead, it's not recommended as UKVI is getting tough about correct documentation and she can expect hassle, delay and unpleasantness at UK border.
 

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Discussion Starter #15
!!UPDATE!!

After we got married my wife applied for a Residence Card. While she was doing that her application recommended for her husband (myself) to apply for a Permanent Residence at the same time. For that I had to fill in a form and provide evidence of my residence and employment for the last 5 years. Good thing I kept every letter/bill/bank statement since I moved to UK. I provided at least 3 proofs of address for every year spent in the country as well as a employment contracts and payslips to prove my employment. All documents sent were originals as they don't accept copies.

My wife provided the same information for her application and we also added our marriage certificate, proof of us living together and a number of pictures from travelling and seeing each others families.

After we sent everything to Home Office it took us a month to receive a letter claiming that they had received all the documents and it might take up to 6 months to process. They did not provide any contact details we could use for any enquiries (e.g. getting passport back for going on a holiday, etc). My wife finally received her Residence Card 5 months after application was sent and a week later she got her passport back and I received my Permanent Residence.

It was a long process and stopped us for going away for holidays but finally it's over! I would like to thanks to everyone for your replies and help regarding my issue! :)


Regards!
 
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