Go Back  British Expats > Living & Moving Abroad > Moving back or to the UK
Reload this Page >

Returning to live in UK with EU spouse

Returning to live in UK with EU spouse

Old Aug 3rd 2008, 9:55 pm
  #1  
Just Joined
Thread Starter
 
Joined: Jun 2003
Location: Berlin
Posts: 15
johnab is an unknown quantity at this point
Default Returning to live in UK with EU spouse

I'm returning at the end of this month after 16 years in Europe (14 in Germany, 2 in Denmark).

My wife has a German passport (we married in Berlin in 2000). I've looked through all the links in this forum and it's clear that there is absolutely no problem concerning her residence and work in the UK.

For instance here: Naturalisation after three years in the UK as a spouse of an UK Citizen

The only thing I'm not clear about is exactly to whom -- and when -- do we declare that she is in the UK: on arrival at the airport (at the end of August)? At our first UK address (my parents in Yorkshire) or when we arrive a week or so later at our ultimate UK destination (Aberystwyth)? In advance, by mail?

I just want to do things the right way so that there is no dispute later as to when she arrived. Also, should she need medical treatment it should be as a UK resident, not as a EU visitor. Is there anything more we need to do than sign up with a GP?

Thanks for any advice on these matters

Last edited by johnab; Aug 3rd 2008 at 10:43 pm.
johnab is offline  
Old Aug 3rd 2008, 11:48 pm
  #2  
JAJ
Retired
 
JAJ's Avatar
 
Joined: Apr 2004
Posts: 34,649
JAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond repute
Default Re: Returning to live in UK with EU spouse

If she wants to become British after 3 years then she needs to get a spouse entry clearance like anyone who is non-EU. EEA citizens who come in under EEA rules don't get Permanent Residence for 5 years, and can't apply for naturalisation without that.

The residence period for naturalisation could be increased by 2009/10.
JAJ is offline  
Old Aug 4th 2008, 5:09 am
  #3  
BE Enthusiast
 
Joined: Jun 2007
Posts: 456
Dave_Was has a reputation beyond reputeDave_Was has a reputation beyond reputeDave_Was has a reputation beyond reputeDave_Was has a reputation beyond reputeDave_Was has a reputation beyond reputeDave_Was has a reputation beyond reputeDave_Was has a reputation beyond reputeDave_Was has a reputation beyond reputeDave_Was has a reputation beyond reputeDave_Was has a reputation beyond reputeDave_Was has a reputation beyond repute
Default Re: Returning to live in UK with EU spouse

Originally Posted by JAJ
If she wants to become British after 3 years then she needs to get a spouse entry clearance like anyone who is non-EU. EEA citizens who come in under EEA rules don't get Permanent Residence for 5 years, and can't apply for naturalisation without that.

The residence period for naturalisation could be increased by 2009/10.
Hello Jaj,

Could you give more details about this, is it a proposal, something that has been alluded too, rumoured?

My wife and I are planning at some point to move back to the UK. My wife is an Indian National and I a British National and we both currently live in the US. We would have to go through the spousal settlement visa first as we have only been married 2 years.

We were thinking of returning in a couple of years so that we could just apply for ILR straight away under the 4 year rule, but if things are going to change we might have to review our plans.

Thanks.
Dave_Was is offline  
Old Aug 4th 2008, 10:35 am
  #4  
JAJ
Retired
 
JAJ's Avatar
 
Joined: Apr 2004
Posts: 34,649
JAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond repute
Default Re: Returning to live in UK with EU spouse

Originally Posted by Dave_Was
Hello Jaj,

Could you give more details about this, is it a proposal, something that has been alluded too, rumoured?
http://www.bia.homeoffice.gov.uk/britishcitizenship/
JAJ is offline  
Old Aug 5th 2008, 1:09 am
  #5  
BE Enthusiast
 
eurotramp's Avatar
 
Joined: Dec 2004
Location: Middlesex
Posts: 983
eurotramp has much to be proud ofeurotramp has much to be proud ofeurotramp has much to be proud ofeurotramp has much to be proud ofeurotramp has much to be proud ofeurotramp has much to be proud ofeurotramp has much to be proud ofeurotramp has much to be proud ofeurotramp has much to be proud ofeurotramp has much to be proud ofeurotramp has much to be proud of
Default Re: Returning to live in UK with EU spouse

Originally Posted by johnab
I'm returning at the end of this month after 16 years in Europe (14 in Germany, 2 in Denmark).

My wife has a German passport (we married in Berlin in 2000). I've looked through all the links in this forum and it's clear that there is absolutely no problem concerning her residence and work in the UK.

For instance here: Naturalisation after three years in the UK as a spouse of an UK Citizen

The only thing I'm not clear about is exactly to whom -- and when -- do we declare that she is in the UK: on arrival at the airport (at the end of August)? At our first UK address (my parents in Yorkshire) or when we arrive a week or so later at our ultimate UK destination (Aberystwyth)? In advance, by mail?

I just want to do things the right way so that there is no dispute later as to when she arrived. Also, should she need medical treatment it should be as a UK resident, not as a EU visitor. Is there anything more we need to do than sign up with a GP?

Thanks for any advice on these matters
Does she want a British passport?
I'm German myself and see no need for one and wouldn't get one.
Hubby and kids are british..

As for the NHS..just register with you local GP but you guys will be in for a shock after having German medical care for so long.
eurotramp is offline  
Old Aug 5th 2008, 3:59 pm
  #6  
JAJ
Retired
 
JAJ's Avatar
 
Joined: Apr 2004
Posts: 34,649
JAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond repute
Default Re: Returning to live in UK with EU spouse

Originally Posted by eurotramp
Does she want a British passport?
I'm German myself and see no need for one and wouldn't get one.
Hubby and kids are british..
Why get one? Well if you see the United Kingdom as your "home" then you might want to have the same nationality as others around you.

Other reasons include: a. protection from future changes in the immigration laws, b. convenience of having a second passport, and c. a fall-back if you plan to go to live in a third country and become a citizen there (eg in Canada you might lose your German citizenship if you cannot get permission from the German government, while you would not lose naturalised British citizenship).
JAJ is offline  
Old Aug 6th 2008, 7:01 am
  #7  
BE Enthusiast
 
Joined: Jun 2007
Posts: 456
Dave_Was has a reputation beyond reputeDave_Was has a reputation beyond reputeDave_Was has a reputation beyond reputeDave_Was has a reputation beyond reputeDave_Was has a reputation beyond reputeDave_Was has a reputation beyond reputeDave_Was has a reputation beyond reputeDave_Was has a reputation beyond reputeDave_Was has a reputation beyond reputeDave_Was has a reputation beyond reputeDave_Was has a reputation beyond repute
Default Re: Returning to live in UK with EU spouse

Hmm.. this throws a spanner into my waiting till 2010 for our return to the UK. We were hoping that as we would then have been married for four years we could have just generally gone onto ILR for my wife's visa.

It seems that they are proposing this to come into law for late 2009, which would be too soon for us to return, unless we have a real change in urgency to come home.

Without knowing more about the timescales they are proposing, which I couldn't figure out from the paper, it may just be a matter of having to deal with it when the time comes.

To be honest, it's getting to the point where I wouldn't recommend anyone to emigrate. Just that's it's hassles when you go and if you come back even more. I suppose it's whether you see it as hassles or an adventure.

Thanks.
Dave_Was is offline  
Old Aug 10th 2008, 10:14 pm
  #8  
Just Joined
Thread Starter
 
Joined: Jun 2003
Location: Berlin
Posts: 15
johnab is an unknown quantity at this point
Default Re: Returning to live in UK with EU spouse

Many thanks for all the helpful replies.

My wife does think that she would like to apply for British citizenship, although as others have pointed out, it's not imperative unless she wishes to be able to vote in a general election.

I'm probably being a bit slow but I'm still not sure about the basic mechanics of where/when we start the process - at the airport on entry to the UK? When registering at our new (not yet existing) UK address? At the local council?

I just want to be absolutely clear...
johnab is offline  
Old Aug 10th 2008, 11:28 pm
  #9  
BE Enthusiast
 
eurotramp's Avatar
 
Joined: Dec 2004
Location: Middlesex
Posts: 983
eurotramp has much to be proud ofeurotramp has much to be proud ofeurotramp has much to be proud ofeurotramp has much to be proud ofeurotramp has much to be proud ofeurotramp has much to be proud ofeurotramp has much to be proud ofeurotramp has much to be proud ofeurotramp has much to be proud ofeurotramp has much to be proud ofeurotramp has much to be proud of
Default Re: Returning to live in UK with EU spouse

Originally Posted by johnab
Many thanks for all the helpful replies.

My wife does think that she would like to apply for British citizenship, although as others have pointed out, it's not imperative unless she wishes to be able to vote in a general election.

I'm probably being a bit slow but I'm still not sure about the basic mechanics of where/when we start the process - at the airport on entry to the UK? When registering at our new (not yet existing) UK address? At the local council?

I just want to be absolutely clear...
You don't need a uk passport to vote..I vote.
eurotramp is offline  
Old Aug 10th 2008, 11:40 pm
  #10  
Just Joined
Thread Starter
 
Joined: Jun 2003
Location: Berlin
Posts: 15
johnab is an unknown quantity at this point
Default Re: Returning to live in UK with EU spouse

You do need British citizenship to vote in a UK general election. Obviously you don't need a passport for this purpose.

Any thoughts about where/when/how to register that my wife has entered the UK with the aim of residence?
johnab is offline  
Old Aug 11th 2008, 3:42 am
  #11  
BE Enthusiast
 
Joined: Jun 2007
Posts: 456
Dave_Was has a reputation beyond reputeDave_Was has a reputation beyond reputeDave_Was has a reputation beyond reputeDave_Was has a reputation beyond reputeDave_Was has a reputation beyond reputeDave_Was has a reputation beyond reputeDave_Was has a reputation beyond reputeDave_Was has a reputation beyond reputeDave_Was has a reputation beyond reputeDave_Was has a reputation beyond reputeDave_Was has a reputation beyond repute
Default Re: Returning to live in UK with EU spouse

My understading is that if you have applied for a spousal settlement visa, when you arrive at the airport you'll get a a stamp there.

As an EU citizen not using the spousal visa, I don't know.

Good Luck.
Dave_Was is offline  
Old Aug 11th 2008, 4:21 pm
  #12  
JAJ
Retired
 
JAJ's Avatar
 
Joined: Apr 2004
Posts: 34,649
JAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond repute
Default Re: Returning to live in UK with EU spouse

Originally Posted by Dave_Was
My understading is that if you have applied for a spousal settlement visa, when you arrive at the airport you'll get a a stamp there.

As an EU citizen not using the spousal visa, I don't know.

Good Luck.
It is possible to arrive on an EEA state passport and then make an application in-country to switch to a domestic rules spouse status.

Section 16, Chapter 4 of the ECIS refers:
http://www.bia.homeoffice.gov.uk/sit...cyandlaw/ecis/
JAJ is offline  
Old Aug 11th 2008, 4:42 pm
  #13  
Just Joined
Thread Starter
 
Joined: Jun 2003
Location: Berlin
Posts: 15
johnab is an unknown quantity at this point
Default Re: Returning to live in UK with EU spouse

Many thanks JAJ - that's much clearer now.
johnab is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Manage Preferences - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.