[Mouse81]

Hi,

Hoping someone can give advice or share their experience..


I am an Australian citizen and have a Tier 1 work visa for the UK that is expiring, and because of the change in rules, I am unable to extend my work visa.

Planning on getting married to my boyfriend who is a German national, but not sure the rules regarding this.
1. Will they consider this a valid marriage even though we are not living together and my work permit is about to expire?
2. Will I be allowed to work in the UK once married?
3. How long would it take to gain a work permit once we are married?

We are both reasonably high earners, above £60k per yr so would qualify for any maintainence rules applicable.

thanks in advance for any help

 

[AnAmericanInScotland]

Does your German fiance live and work in the UK?

On marrying him you would be eligible for the EEA family permit, but I don't know if you would have to go back to Australia to apply for it, or if you would be able to switch from the Tier1 to the EEA FP whilst here in the UK. Sorry, but hopefully someone will be along shortly who has more knowledge of this particular situation.

 

[nyclon]

Hi,

Hoping someone can give advice or share their experience..


I am an Australian citizen and have a Tier 1 work visa for the UK that is expiring, and because of the change in rules, I am unable to extend my work visa.

Planning on getting married to my boyfriend who is a German national, but not sure the rules regarding this.
1. Will they consider this a valid marriage even though we are not living together and my work permit is about to expire?
2. Will I be allowed to work in the UK once married?
3. How long would it take to gain a work permit once we are married?

We are both reasonably high earners, above £60k per yr so would qualify for any maintainence rules applicable.

thanks in advance for any help

So, your boyfriend is an EU citizen, living and working in the UK and thus exercising his treaty rights? Then you should be eligible for an EEA family permit. Here is a link:

UK Border Agency | EEA family permits

 

[Mouse81]

Does your German fiance live and work in the UK?

On marrying him you would be eligible for the EEA family permit, but I don't know if you would have to go back to Australia to apply for it, or if you would be able to switch from the Tier1 to the EEA FP whilst here in the UK. Sorry, but hopefully someone will be along shortly who has more knowledge of this particular situation.

ThanksAnAmericanInScotland;
My fiancee lives and works in the UK. Hope somebody can provide some more information. Thanks

 

[AnAmericanInScotland]

ThanksAnAmericanInScotland;
My fiancee lives and works in the UK. Hope somebody can provide some more information. Thanks

Actually, Nyclon did Scroll back up and click the link Nyclon provided to read about EEA Family Permits, and to see if you can switch from your Tier1 to the EEA FP without having to return to Australia to apply.

 

[nyclon]

ThanksAnAmericanInScotland;
My fiancee lives and works in the UK. Hope somebody can provide some more information. Thanks

Um. I believe I did.

 

[AnAmericanInScotland]

Um. I believe I did.

:bounce:

Cross-post, cross-post!

(scroll up)

 

[nyclon]

:bounce:

Cross-post, cross-post!

Thanks for the assist!

 

[Mouse81]

Um. I believe I did.

Thanks Nyclon. Saw you answer as well. Question is also whether it would be possible to work straightaway after getting married or would it take a while to be able to work in the UK. My current visa is running out in June.

 

[nyclon]

Thanks Nyclon. Saw you answer as well. Question is also whether it would be possible to work straightaway after getting married or would it take a while to be able to work in the UK. My current visa is running out in June.

Did you read through the information on the UKBA website?

 

[Mouse81]

Did you read through the information on the UKBA website?

Hi Nyclon,
yes I have read the UBKA pages. Still have the question of whether it is possible to work straightaway after getting the EEA permit.
My current working visa is running out in a couple of weeks time. So thought that we get married in the next couple of weeks before my current visa expires in case I would be eligible to work and keep my job. Hope explanation is clear and helps.
Thank you very much for further insight!

 

[AnAmericanInScotland]

Hi Nyclon,
yes I have read the UBKA pages. Still have the question of whether it is possible to work straightaway after getting the EEA permit.
My current working visa is running out in a couple of weeks time. So thought that we get married in the next couple of weeks before my current visa expires in case I would be eligible to work and keep my job. Hope explanation is clear and helps.
Thank you very much for further insight!

I think I've found it, and lol, I had to Google! According to this from the UKBA site, you can work on the EEA FP. The following quote is from the pages for the EEA citizen but is about the family member (my highlights):

If you are a national of Bulgaria or Romania, you must obtain our permission in order to work here. You should read the pages for Bulgarian and Romanian nationals for details.

If you are a national of any other EEA country or Switzerland, you will not need to apply for our permission in order to work here.

You and your family members can:

accept offers of work
work as an employee and/or in self-employment
set up a business
manage a company
set up a local branch of a company

UK Border Agency | Rights and responsibilities

Scroll down to find the bit I quoted.

 

[Mouse81]

Thanks very much! It is quite tricky to gather all the information.
So it is down to getting everything done in a couple of weeks. Getting a date for the civil marriage, getting the EEA FP in time. Tight timeline...
Any insight of how long the EEA FP might take?

 

[AnAmericanInScotland]

No clue on the timeline, it's probably a gajillion more tricky clicks around on the UKBA website (now watch, Nyclon has it bookmarked and will post it in).

The information is all there, it's simply (lol, no, roflol) that the researcher has to click and click and click, and then click several more times to find the correct info. I joke that it's an eyeball burner, but the truth is it becomes fascinating.

if I remember to label and bookmark, that is:lol:

 

[nyclon]

I think I've found it, and lol, I had to Google! According to this from the UKBA site, you can work on the EEA FP. The following quote is from the pages for the EEA citizen but is about the family member (my highlights):



UK Border Agency | Rights and responsibilities

Scroll down to find the bit I quoted.

I do think you can work on an EEA family permit but I believe this particular reference refers to the EEA family members who are also EEA members.

 

[Joppa]

Thanks very much! It is quite tricky to gather all the information.
So it is down to getting everything done in a couple of weeks. Getting a date for the civil marriage, getting the EEA FP in time. Tight timeline...
Any insight of how long the EEA FP might take?

Depends on where you apply. You must apply outside of UK, but it can be at any diplomatic post that accepts visa applications. So you can in theory fly to France and apply in Paris at the British consulate, but then you must follow the procedure laid down under UK Border Agency | Visa application centres overseas. Nowadays, there is often an appointment system and what with biometrics and sending and receiving back supporting documents, it may take weeks rather than days. Not having a residential address in France may also make it more tricky. So all things considered, applying in Australia may be the best option, perhaps combining with a holiday to see your family and get married.

And yes, you can work on EFP straightaway but since it's only valid for 6 months, you should get a residence card valid 5 years while you are on the permit.