[dds-dave]

Dear anybody that can help,

I am a UK Citizen, and I have resided in Latvia (EEA Member State) for the past five years as a self-sufficient student while I complete my university degree.

I legally married my wife, a US Citizen, in Oslo in the summer of 2011. She has been living with me in Latvia since we married.

At the end of my studies in June 2012, I intend to move to the UK together with my wife.

My question is regarding the type of visa she requires in order to settle with me in the UK. We originally started applying for a spouse visa, but then I became confused by the section of the ukba website that states:

Although the UK is a member of the EEA, a non-EEA family member of a British citizen should not generally come to the UK using an EEA family permit. However, a non-EEA family member of a British citizen living abroad can apply for an EEA family permit to join the British citizen on their return to the UK if:
the British citizen has been living in an EEA member state as a worker or self-employed person; and
the family member, if they are the British citizen's spouse or civil partner, has been living together with the British citizen in the EEA country.

I do not want to rush into the spouse visa and waste my fees when it is feasible for my wife to enter the uk under an EEA family permit.

therefore, can anybody provide me with any information as to which route to go down???

 

[Joppa]

Dear anybody that can help,

I am a UK Citizen, and I have resided in Latvia (EEA Member State) for the past five years as a self-sufficient student while I complete my university degree.

I legally married my wife, a US Citizen, in Oslo in the summer of 2011. She has been living with me in Latvia since we married.

At the end of my studies in June 2012, I intend to move to the UK together with my wife.

My question is regarding the type of visa she requires in order to settle with me in the UK. We originally started applying for a spouse visa, but then I became confused by the section of the ukba website that states:

Although the UK is a member of the EEA, a non-EEA family member of a British citizen should not generally come to the UK using an EEA family permit. However, a non-EEA family member of a British citizen living abroad can apply for an EEA family permit to join the British citizen on their return to the UK if:
the British citizen has been living in an EEA member state as a worker or self-employed person; and
the family member, if they are the British citizen's spouse or civil partner, has been living together with the British citizen in the EEA country.

I do not want to rush into the spouse visa and waste my fees when it is feasible for my wife to enter the uk under an EEA family permit.

therefore, can anybody provide me with any information as to which route to go down???

You can't apply under EU regulations (called Surinder Singh case) because you have not been in an EEA country in an economic capacity, i.e. working or being self-employed. Even if you have worked in spare time and in holidays, it won't count as your main reason for living in Latvia has been study. If you are to get a full-time job (not casual, but with contract etc) after your studies and stay for a reasonable time, like 6 months (exact time isn't specified but must be long enough not to be seen as transient), you may be eligible to bring your non-EEA spouse under EU rules.

Advantage of EEA family permit is it's free and maintenance requirement isn't as stringent. The downside is it takes 5 years for your wife to gain permanent residency or settled status compared to only 2 years for UK spouse visa.

 

[dds-dave]

Thankyou for your reply Joppa!

So therefore I assume that we must apply by way of the spouse visa?

Also, just a couple more questions:

When writing letters of introduction, must I include evidence of our relationship and how often we saw eachother, since we have already been married and living together for the last 6 months?

Must we also include evidence of our current funds, as we are both still students and are provided for by our families until we graduate?

Thanks again joppa for your help.

ps- u seem like the man on this website, im glad I found it

 

[Joppa]

Thankyou for your reply Joppa!

So therefore I assume that we must apply by way of the spouse visa?

Also, just a couple more questions:

When writing letters of introduction, must I include evidence of our relationship and how often we saw eachother, since we have already been married and living together for the last 6 months?

Yes, but don't make it too long or overly detailed. 2 sides of A4 is ample. Give a timeline from your first meeting, growing closer, engagement and marriage, and your hope for the future (to settle permanently in UK as a couple).

Must we also include evidence of our current funds, as we are both still students and are provided for by our families until we graduate?

Yes. While you can rely on your parents, your application will be stronger if you show you are actively seeking a job in UK on your return. So enclose your and your wife's CVs and sample jobs you may be qualified to go for in UK with salary offered. If you can show you have already been in touch with potential employers or recruiters, enclose details. Perhaps you may want to return to UK ahead of your wife to start sorting out housing and job search, which will give you more up-to-date evidence to meet maintenance and accommodation requirements, and then apply for spouse visa.

 

[dds-dave]

Yes, but don't make it too long or overly detailed. 2 sides of A4 is ample. Give a timeline from your first meeting, growing closer, engagement and marriage, and your hope for the future (to settle permanently in UK as a couple).



Yes. While you can rely on your parents, your application will be stronger if you show you are actively seeking a job in UK on your return. So enclose your and your wife's CVs and sample jobs you may be qualified to go for in UK with salary offered. If you can show you have already been in touch with potential employers or recruiters, enclose details. Perhaps you may want to return to UK ahead of your wife to start sorting out housing and job search, which will give you more up-to-date evidence to meet maintenance and accommodation requirements, and then apply for spouse visa.

Thats great Joppa, I have evidence of job search and potential employers.

With regards to me returning before my wife, does that mean that she will not be able to come to the UK until we have submitted and/or received her visa???

 

[Joppa]

Thats great Joppa, I have evidence of job search and potential employers.

With regards to me returning before my wife, does that mean that she will not be able to come to the UK until we have submitted and/or received her visa???

Until she has received her visa. But once it's applied, it shouldn't take too long. Up to 2 weeks by latest stats.