mac1gregor

I left Scotland last July to marry my wife in Ukraine. I spent three months looking for work in Ukraine but could find nothing. I decided to take my wife to Holland so that I could look for work. I used directive 2004/38/EC.
Although it was my right as an EU citizen to bring my wife with me, the Dutch embassy in Kiev refused this visa.
After many weeks of writing letters of complaint to the euro ombudsman, Dutch ombudsman and Solvit I managed to obtain a Schengen visa for my wife.
We have been living in Holland since December and I have been working and paying Dutch tax.
I was paid off on Monday and know there is very little chance of finding work here now.
I want to return to the UK with my wife.
I tried to do an online application for this with the UKBA but it is a strange site!
The screen only progresses when you complete it fully but I cannot complete one question 'when do you plan to leave the UK? We don't plan to leave the UK, so what can I do?
Is it possible to arrive at the border with marriage cert, apostle and English translation. Passports, health insurance, wage slips etc and be granted entry?

Any advice would be greatly received

Kindest regards,

Marc Stuart MacGregor.

roaringmouse

Your wife won't be able to turn up in the UK and then get a visa to live there. She needs to get a visa or permit first.

It sounds like she may be able to apply under EEA rules, using the "Surinder Singh" route as you've been exercising your rights to live/work in an EEA country, and she has been living with you. What kind of visa did she get? There are different kind of Schengen visas.

In any case, check out the Surinder Singh route carefully - I don't think it specifies what kind of visa the non-EEA spouse needs to be on, only that they have been living with the British spouse (I have presumed that you're a British citizen, as you didn't specify) who has been exercising their rights. Perhaps check with a migration forum like UKResident first to be sure - and include full details (including what type of Schengen visa it is).

pennylessinindia

You could also see the section on www.immigrationboards.com EEA.
If you are not planning on leaving the UK you can say not applicable - not sure which visa application has this question. Did you apply for EEA family permit?

mac1gregor

I am a British citizen and it is not possible to write NA, you can only progress to the next screen once you written a date of return.

It is the correct UKBA VISA4UK page.

Kindest regards,

Marc.

mac1gregor

Hi,
Yes I am a British citizen, my wife was granted a Schengen visa type C.
After registering with the IND she was given another 6 month stay visa.
The ind have until 27/08/2013 to give her a Dutch EEA family permit.

Kindest regards,

Marc.

mac1gregor

I am a British citizen.
My wife was granted a C type Schengen visa, once in Holland we registered with the IND and she was granted a six month temporary visa whilst the IND make their decision to grant her a 5 year EEA family permit.

I am 99.9% sure I am using the correct UKBA Visa4UK application.
The page asks me what type of visa my wife needs (EEA family permit) but it is impossible to progress to the next screen without first informing them of a return date, it is not possible to write 'NA' as I have tried many times, it requires a date of return, so I am confused as to what to do next.
I tried calling the UKBA but no-one is answering the telephone.

Kindest regards,

Marc.

roaringmouse

I've looked at the PDF version, and the form does ask that question. Firstly, I wouldn't rely on calling UKBA for advice. I would suggest you post on the relevant section of the UKResident forums (and/or the other forum mentioned by someone else). OISC registered agents post on those forums. It may just be a case of putting a date 5 years in the future, I don't know.

mac1gregor

Ok

Many thanks for your time and advice

pennylessinindia

The visa has a 6 month date on it so one could put 6 months with a covering letter.

roaringmouse

What visa? The OP's wife is applying for an EEA Family Permit for the UK, with the intention of living there. Why would she put down that she's leaving the UK in 6 months time?

The VAF5 Form question we're talking about is "On which date will you leave the UK?".

mac1gregor

Hi,

I have decided to look for a immigration lawyer
Been quoted £600 and think that I will just pay this.

Thanks for all the help.

Kindest regards,

Marc.

roaringmouse

Just make sure they're OISC registered.

mac1gregor

Aye for sure Thanks for the good advice my friend.
Have a great day.

Kindest regards,

Marc.

BritInParis

Ouch, £600 because of UKBA's inflexible forms? Just put 01/01/2100 and then at the end there's a section where you write freely to give other information to support your application. Say that you intend to stay in the UK indefinitely exercising your Treaty Rights. It's an EEA Family Permit, not a visa, so there's no requirement to ever leave the UK once it's granted.

pennylessinindia

Technically correct but it does have a date on it and looks like a visa, apologies for referring to it as a visa and not a permit.