I am a Norwegian citizen (EEA Member) living in the UK since I was 10 years old and I have a Brazilian girlfriend who I intend to bring to the UK. In October we complete 2 years living together. I’m currently in Brazil with her and we plan to return to Scotland in August. Our main doubts are:
I assume I have a permanent right to reside as I have lived more than 5 years. Do I need to prove anything regarding my settled status in order for her to apply as dependent?
Would it be possible for her to come to the UK on a Standard Visitor Visa or an EEA family permit (if this is applicable) and then continue the application from the UK without having to leave?
Once in the UK we are not sure of which route to take, it seems like residence card is the right choice? But Family Visa is also an option apparently.
Because we are not in the UK it is very hard for us to get advice so, we are doing everything we can to apply from Scotland in person. If anyone knows any other options as well please let us know :)
Yes, that is correct. As the direct family member, your wife's marriage to an EEA national proves her right to work and reside in the UK.
This will depend on the individual employer. She will be able to provide evidence to the employer in the form of a marriage certificate and your passport to show that she has a right to work in the UK.
I forgot to add, my partner has been offered to stay employed by his company in Ireland and just "work from home" in the UK, as he is a software engineer and the type of work allows for this (the company does not have an office in UK)
Maybe I made this more confusing than it needs to be. I think the pertinent question is this.
While my wife in in the UK on a 5 year visitor visa only can she apply for a residence card to travel to europe accompanied by me ?
We dont intend to live in UK or Europe long term, We dont want to go through ILR when theres no end goal of living in UK, this is simply about creating a legal right to travel schengen countries together without going back to bangkok every few months and having only 90 day schengen tourist options while I work.
If your girlfriend were to obtain an Italian passport then she would be able to exercise her right to free movement, being an EEA national. She would also be able to work without the need of a work permit/sponsorship.
You are able to get married while you are waiting for a decision for the residence permit. There would be no need to cancel or vary the application for an unmarried EEA residence card. If you really wanted to change the permit to a married partner EEA residence card then it may be better to wait until it is granted and then make a new application if need be. This will save any unnecessary delays and there would be no benefit to this.
Your partner could work during this process if he applied for a direct family member (married partner)residence card however please note that this would be at the discretion of the employer as they may request evidence of a right to work in the UK during this time. He would not be able to travel as the Home Office would need to keep his passport for the application.
You can both come to the UK with the intention to live and work as your wife is an EEA national and you are a direct family member as the husband of an EEA national. You in theory do not need a visa to enter the UK however it may be worth getting a family permit which is granted for 6 months and provides you with more security when entering the UK. Once this has expired you can apply for a residence permit.
If you choose to enter without this, it may be worth bringing some documentation with you if questioned at the border. You may want to bring evidence of your relationship and of sufficient funding you have to maintain yourself in the UK.
By law, you can start working in the UK when you arrive however this is at the discretion of the employer; some employers require documentation to show that you have a right to work in the UK. They may require the family permit to show this.
Your wife does not need a residence permit to live and work in the UK however she may wish to obtain one with the uncertainties of Brexit.
We all have the same immigration status. I have 3 kids, the Leave to remain was given while I was pregnant. I only applied for 2 of them and later applied for the youngest. When we were about renewing for the 2nd time, I did not apply for the youngest for lack of funds because the money was too much for me. I paid about £6000 for myself and the 1st two kids including NHS surcharge fees and lawyers's fee.
@lauren apologies - one last question.
Would it be acceptable to the home office to send a certified copy of my canadian passport as proof for exemption?
I need my Canadian passport for travel very soon.
Alternative evidence could be certified copies of these documents, however, there is no guarantee that this will be accepted due to the following statement in the guidance:
'Please note: we can only accept alternative evidence of your identity and nationality if you’re unable to submit a valid passport, travel document or EEA national identity card due to circumstances beyond your control.'
The acceptance here would likely be lost documents with evidence of this being reported to the Police and also evidence of applying for new documents.
The Home Office would advise that you should not attempt to travel without your original BRP card. There is a very strong possibility that you would be stopped upon re-entry without your BRP card and as such they do advise not to attempt travel without it.