chaoclive

Hi

Is the spouse of an EEA national who holds a valid tourist visa, able to request Stamp 1A at the UK border if he/she is traveling with the EEA partner into the UK for the first time? I.e. the visitors visa would be ignored.

Let's suppose this person already has a tourist visa but would now like to enter on the Stamp 1A because he/she could work without restriction.

Cheers
C

BritInParis

It's possible providing the relevant evidence is provided (i.e. marriage certificate plus certified English translation if necessary) however I would be applying for an EEA Family Permit if at all possible as practically speaking an employer is going to be likely to accept that as proof of the non-EEA spouse's ability to work in the UK. In either case applying for a residence card should be made a priority after being admitted to the UK. Anecdotally they are taking three months to be issued.

This wouldn't apply to anyone doing a Surinder Singh though in case applying for an EEA Family Permit, in practical terms, is all but mandatory.

englishguygoinghome

The tourist visa costs 100quid, the sme person could apply for an EEA family permit for free.

Of course, if you already have a visit visa for some reason then it makes sense to try. Technically anyone who is elligible can get a 1A at the border, practically it may be difficult and time consuming and may not be recognised by employers etc.
What is recognised by employers is the letter of application for a EEA residence permit as a spouse of an EU national. So I'd suggest you get in on the tourist visa (5 minutes at the border) and apply for one of those straight away

chaoclive

Thanks for the replies guys!

The issue is that I am still a dual citizen (waiting on the Home Office to process my renunciation document, but not sure how long that takes) so it may be easier to get a tourist visa first and then move back to the UK. Hopefully, by that time, I'd have received the certificate of renunciation and I'd have him apply for EEA2 as soon as I'm working and have a pay-slip to prove it.

He's had 3 UK tourist visas before and has always met all the criteria. He also had loads of visa from other countries, e.g. Spain/the Netherlands/the USA etc. so getting another visitors visa shouldn't be an issue.

Actually, the issue isn't that he needs to work. But I've heard that getting a bank account, renting an apartment (in joint names with me) and getting a driving license is a problem with a normal tourist visa. Of course, these would be sorted out when he gets his RC.

BritInParis

Personally I would wait and go for an EEA Family Permit if you're renouncing. A permit is usually issued in a matter of days.