UK Visa for Non-EU Partner
Discussion
Hi all,
We're moving from Switzerland to the UK next March.
Im Irish but my partner is from New Zealand.
We have been looking at the visa options but it all seems to be a bit up in the air due to Brexit.
It seems we have 2 options:
A: Apply for the NZ specific youth mobility scheme whereby she get a 2 year working visa and would thereafter need to be sponsored
B: Apply for EU settlement scheme which would be based on my Irish nationality and would be for 5 years ( depending on Brexit). This would be our preferred option but she cannot start the application process due to needing a Biometric residence card.
She has a Swiss work permit which has the biometric data but its not being recognised by the UK application app.
Does anyone here have a similar recent experience please that they could share? There doesnt seem to be any contact number for the UK immigration visa dept. and the citizens advice bureau could not assist.
Many thanks in advance.
We're moving from Switzerland to the UK next March.
Im Irish but my partner is from New Zealand.
We have been looking at the visa options but it all seems to be a bit up in the air due to Brexit.
It seems we have 2 options:
A: Apply for the NZ specific youth mobility scheme whereby she get a 2 year working visa and would thereafter need to be sponsored
B: Apply for EU settlement scheme which would be based on my Irish nationality and would be for 5 years ( depending on Brexit). This would be our preferred option but she cannot start the application process due to needing a Biometric residence card.
She has a Swiss work permit which has the biometric data but its not being recognised by the UK application app.
Does anyone here have a similar recent experience please that they could share? There doesnt seem to be any contact number for the UK immigration visa dept. and the citizens advice bureau could not assist.
Many thanks in advance.
I can recommend an immigration lawyer having brought my non-EU spouse and her child to the UK early this year. The whole system is an absolute minefield and although it was costly I’m glad I didn’t risk trying to do it all alone. PM me if you want details.
I don’t know how the rules work for non-EU spouses of EU citizens coming here, but I am under the distinct impression that it’s easier for you to move here together in this scenario than if you were a UK citizen!
I don’t know how the rules work for non-EU spouses of EU citizens coming here, but I am under the distinct impression that it’s easier for you to move here together in this scenario than if you were a UK citizen!
My advice would be the exact opposite, I've successfully applied twice, once in the 80's and then a few years ago for my 2nd wife (not at same time), we've moved in and out of the UK a few times, currently out.. The process is clear, if you are careful and meet the requirements it not a problem to do yourself on line You need to prove you are married, have an income or savings, (dependent on number of kids), live together now and intend to live together, and that you have a place to live.
We had an issue because our house in the UK is in my wife's name only, they ask for a mortgage or lease in the husbands name. We had to give them a copy of the deeds as we don't have mortgage, no big problem all done by email.
The potential problem is that you have to satisfy the official looking at your case on the required points, and they can make subjective judgments, proving your married is easy and matter of fact,, but different officials can ask for different things on proof of income, pay slip, bank statements etc, same with proving you live together, it helps if you have utility bills or bank statements in both names at current address, but there is no one document all the officials use to prove this.
I wouldn't wast money on a lawyer, in the 80's i spoke to an immigration lawyer, he asked me a few questions and told me to do it myself, and only phone him again if I had a refusal I wanted to appeal as he didn't need the business or my money.
Allow plenty of time, ours was about 2 months with the email queries.
We had an issue because our house in the UK is in my wife's name only, they ask for a mortgage or lease in the husbands name. We had to give them a copy of the deeds as we don't have mortgage, no big problem all done by email.
The potential problem is that you have to satisfy the official looking at your case on the required points, and they can make subjective judgments, proving your married is easy and matter of fact,, but different officials can ask for different things on proof of income, pay slip, bank statements etc, same with proving you live together, it helps if you have utility bills or bank statements in both names at current address, but there is no one document all the officials use to prove this.
I wouldn't wast money on a lawyer, in the 80's i spoke to an immigration lawyer, he asked me a few questions and told me to do it myself, and only phone him again if I had a refusal I wanted to appeal as he didn't need the business or my money.
Allow plenty of time, ours was about 2 months with the email queries.
We are in a similar situation. Got legal advice on all this.
The best option seems to be to apply for pre-settled status on the EU Settlement Scheme in the UK.
Since you are Irish you don't need to, but your partner needs to apply as the spouse of a qualifying EEA citizen. You can't use the Home Office app for this, you have to call them (0300 123 7379 or +44 203 080 0010 from outside the UK) and explain, and they will send you a paper application form.
Pre-settled status means your partner can stay in the UK indefinitely. That's probably the safest option if Brexit happens.
This application is free, although you will need to pay postage costs. A lawyer can do it for you. I did it myself, it wasn't too bad and you can call the number above for free advice if any of it is not clear.
Edit: Reading your post again, it's initially for 5 years but then she will have an automatic right to convert it to settled status which is forever. Also don't worry about the lack of a biometric ID card. If she applies they will ask her to go somewhere to give her biometric data and issue her with one. It's not all that clear but they are talking about having UK biometric residency card, not another country's one. She will have to use her passport as ID when applying.
I'd avoid applying for UK visas. The Home Office is basically evil, their first answer is always "no" and you will waste a huge amount of money applying and appealing and paying legal fees. The settlement scheme is a much easier route. The only caveat is that you need to apply before Brexit day, assuming it isn't extended again.
The best option seems to be to apply for pre-settled status on the EU Settlement Scheme in the UK.
Since you are Irish you don't need to, but your partner needs to apply as the spouse of a qualifying EEA citizen. You can't use the Home Office app for this, you have to call them (0300 123 7379 or +44 203 080 0010 from outside the UK) and explain, and they will send you a paper application form.
Pre-settled status means your partner can stay in the UK indefinitely. That's probably the safest option if Brexit happens.
This application is free, although you will need to pay postage costs. A lawyer can do it for you. I did it myself, it wasn't too bad and you can call the number above for free advice if any of it is not clear.
Edit: Reading your post again, it's initially for 5 years but then she will have an automatic right to convert it to settled status which is forever. Also don't worry about the lack of a biometric ID card. If she applies they will ask her to go somewhere to give her biometric data and issue her with one. It's not all that clear but they are talking about having UK biometric residency card, not another country's one. She will have to use her passport as ID when applying.
I'd avoid applying for UK visas. The Home Office is basically evil, their first answer is always "no" and you will waste a huge amount of money applying and appealing and paying legal fees. The settlement scheme is a much easier route. The only caveat is that you need to apply before Brexit day, assuming it isn't extended again.
Edited by anonymous-user on Tuesday 15th October 12:39
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