# UK visa for non-EU spouse?



## toebeenz (Oct 17, 2009)

I am a UK National and my wife is from Thailand, we have been together for two and a half years have been married for 18 months. We are in Cyprus where we have 'permission to reside'and want to retun to UK to live.

As I understand it EU rules state that a non-EU spouse has a right to live in the EU with their EU National. Is this true? Researching on the net has been confusing and we get the impression that the current UK policy may not be in line with the EU ruling? 

Can the UK refuse entry to a spouse (assuming a clean sheet) and, in effect, break up a marriage? I am anxious to return to UK as soon as possible because I have medical issues to deal with and my wife is not only my partner but my future carer as well.

Advice on this will be much appreciated....

Thanks.


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## Joanne_Manchester (Feb 18, 2011)

toebeenz said:


> I am a UK National and my wife is from Thailand, we have been together for two and a half years have been married for 18 months. We are in Cyprus where we have 'permission to reside'and want to retun to UK to live.
> 
> As I understand it EU rules state that a non-EU spouse has a right to live in the EU with their EU National. Is this true? Researching on the net has been confusing and we get the impression that the current UK policy may not be in line with the EU ruling?
> 
> ...


Hello, you should find your answer on the following threads :
http://www.expatforum.com/expats/br...6-visa-uk-brasilian-husband-living-spain.html
http://www.expatforum.com/expats/br...questions-im-us-bf-irl-were-both-usa-now.html

hope this helps


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## Bevdeforges (Nov 16, 2007)

The EU rules give the non-EU spouse of an EU national looking to settle in an EU country OTHER THAN THEIR OWN certain privileges, including a "simplified" residence procedure. But if you're going back to the country where the EU national spouse has their nationality, the EU rules no longer apply. You'll have to jump through the hoops (and bear the expense) of getting your spouse a regular spouse visa.
Cheers,
Bev


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## raceman (Apr 3, 2011)

Bevdeforges said:


> The EU rules give the non-EU spouse of an EU national looking to settle in an EU country OTHER THAN THEIR OWN certain privileges, including a "simplified" residence procedure. But if you're going back to the country where the EU national spouse has their nationality, the EU rules no longer apply. You'll have to jump through the hoops (and bear the expense) of getting your spouse a regular spouse visa.
> Cheers,
> Bev


That's interesting. As there is a possibility of myself and my soon to be US wife returning to Europe in the future, though not to my home country (UK) but to Spain, would the above apply? 

Is there a link to information on this subject somewhere?


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## Bevdeforges (Nov 16, 2007)

raceman said:


> That's interesting. As there is a possibility of myself and my soon to be US wife returning to Europe in the future, though not to my home country (UK) but to Spain, would the above apply?
> 
> Is there a link to information on this subject somewhere?


Your best resource on this would be the website of the Spanish consulate. The EU regulation is appropriately vague and only specifies that the host country has to have a "simplified" (or perhaps the exact term is more like "streamlined") registration process for the non-EU spouse. The precise process varies greatly from one EU state to another.

You may want to check over on the Spanish part of the forum. I think there have been some recent enquiries about EU nationals with non-EU spouses.
Cheers,
Bev


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## Joppa (Sep 7, 2009)

Bevdeforges said:


> Your best resource on this would be the website of the Spanish consulate. The EU regulation is appropriately vague and only specifies that the host country has to have a "simplified" (or perhaps the exact term is more like "streamlined") registration process for the non-EU spouse. The precise process varies greatly from one EU state to another.
> 
> You may want to check over on the Spanish part of the forum. I think there have been some recent enquiries about EU nationals with non-EU spouses.


To add to Bev's comment, both toebeenz and raceman's case would qualify for a simplified EU procedure by applying for EEA Family Permit. It's called Surinder Singh provision, after a landmark decision by the European court. Briefly, a British national with non-EU spouse, having resided in non-UK EU country together in an economic capacity (i.e. for work, self-employment or business but not tourism, study or retirement) can apply for EEA Family Permit which allows their spouse to join them in UK, initially for 6 months, and then for 5 years after obtaining residence card. 

Details in EEA and Swiss nationals - visa application guide. You can apply at any British diplomatic post that issues visas, it should be processed promptly and there is no fee. The only downside is it takes 5 years for the non-EU spouse to gain permanent residency, whereas those who apply under UK immigration law get theirs in only 2 years, and can apply for naturalisation after a further year. And those who have been married 4+ years get indefinite leave (akin to permanent residency) straightaway but still have to wait 3 years for naturalisation.

In toebeenz's case, I think there shouldn't be any problem getting EEA Family Permit for his wife, and his current medical condition doesn't affect it. The only query is whether he has been in Cyprus in an economic capacity, i.e. he is working or in self-employment, with documentary evidence such as work contract, letter from accountant and so on. It doesn't have to be a career-type job, but a proper full-time work (not helping in a bar at weekends only). There may be a special case for someone with a declared incapacity but it depends on individual circumstances.

He will also need to satisfy the UK Border Agency that he has or will have adequate housing in UK, and he has means to provide for his wife, such as savings, pension or employment, as she won't be eligible for state handouts (no recourse to public funds). The requirements for maintenance and accommodation, as it's called, are less severe for those applying under EU rules but basically she must not become a burden on the UK government. Her willingness to take up paid employment will help.


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## toebeenz (Oct 17, 2009)

This is extremely helpful, thank you so much.


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