Could the spouse visa process be anymore complicated? *welp*

Hello!
My name is Nadia. I am originally from Chicago but I have lived in the UK for nearly 4 years now! I did my undergrad in Cambridge in Marine Biology and Animal Behaviour. And now I am doing my masters in Conservation and Animal Behaviour. I used to live in Cambridge, but for my MSc I moved to London with my then-boyfriend, now-fiance. I cannot believe I haven't found this forum earlier because it sounds great! (If anyone needs suggestions for American restaurants, let me know... in England a "hotdog" is a very very sad experience if you don't know what you're getting yourself into.)

Although I feel like England has been my home forever, we are really struggling with applying for a spouse visa and I am looking for guidance ! 

My fiancé is German and also a masters student - thus, we are both still student-broke and can't afford an immigration lawyer. I have read and read all of the .gov websites but they are really hard to understand, and I'm sure many of you can sympathise with that!

Can someone tell me what type of a visa we should apply for that is available for a couple made up of a German (him) and an American (me) that will still allow me to work? I am very passionate about conservation and I don't want to accidentally apply for a visa that won't allow me to work... not that we would even be able to afford me not working anyway!

Any help / guidance / suggestions / good luck's are very welcome!

The good news is that because he's German you don't need a visa at all... in fact, you can't apply for a spouse visa anyway because he is not a UK citizen (well, actually if he has UK permanent residence you could qualify for a spousal visa, but not if he doesn't - and you probably wouldn't want to anyway).

Because he is an EEA citizen, as long as either a) you are married or b) you have been living together in the UK for at least 2 years, you have the automatic right to live and work in the UK with him without needing a visa.

Providing he is exercising his EEA Treaty Rights in the UK, by either working, studying, looking for work or being self-sufficent, all you need to do is apply for a 5-year EEA Residence card to stay in the UK and you can work in any job you like.

The residence card costs £65 and has no financial requirement. All you need to show is:

- you are either married or have been living together as if you were married for at least 2 years

- he is studying in the UK

They also ask for evidence of your accommodation and finances in the UK, but they actually have no bearing on the residence card decision, because you qualify it simply by meeting the 2 criteria I just listed above.

See here for more information about how to apply:
https://www.gov.uk/apply-for-a-uk-residence-card/overview

I just can't thank you enough for that information. That is amazing news!!! And the part where there is no £650 visa fee - or whatever the amount is - is even more incredible!

Thank you!!!

And the part where there is no £650 visa fee - or whatever the amount is - is even more incredible!

Thank you!!!

My fiancé is German and also a masters student -

But you will lose all the free NHS that your Tier 4 visa gave you.

Starting from today, the UK will no longer provide free NHS to EEA student dependants. 
http://talk.uk-yankee.com/index.php?topic=85411.msg1122587#new


You will need to buy Comprehensive Sickness Insurance to pay for all your own medical treatment including getting cover for any exisiting health conditions. You will not be allowed to buy prescriptions at NHS rates.

There are plans under way to bill at 150% of NHS costs if there is no insurance.

I am very passionate about conservation and I don't want to accidentally apply for a visa that won't allow me to work... not that we would even be able to afford me not working anyway!

Under present UK treaty right rules: as long as your EEA citizen maintains his right to reside in the UK by being a Qualified Person at all times under the ever changing UK rules, then you as his dependant are allowed to work.

okay, thank you. That is really useful to know. You mentioned "EEA student dependants"... is losing the NHS still relevant for non-students?

Thanks!

okay, thank you. That is really useful to know. You mentioned "EEA student dependants"... is losing the NHS still relevant for non-students?

Thanks!

EU treaty laws in the UK change all the time and get tougher. At the moment..

If your EU husband is not a student and not a *Qualified person and he hasn't got PR in the UK, then you will need health insurance for both of you because his time in the UK is limited before he loses his (and therefore yours) right to reside in the UK. Your right to reside in the UK is based on him continuing to be a qualified person under UK rules for free movement, whatever they change to over the years.

This end of the UK paying for the healthcare of the dependants of EU students, was brought in line to what their EU student partner is allowed; EU students already need to have insurance to pay for their use of the NHS. They can get their own country to pay the NHS by presenting their EHIC, but that only gives very limited cover.

The UK has now brought itself in line on healthcare with a lot of other EU countries. The EEA citizen in work and earning above a set amount, then free healthcare is provided for them and their family:  the EU citizen not in work or not earning enough (they check with HMRC), then they and their dependants need to pay for healthcare.

There is some very limited time for free NHS for EEAs claiming the benefit income based Jobseeker's Allowance, but that benefit is already getting phased out and it's replacement benefit Universal Credit cannot be claimed by EU jobseekers

If the EU loses their job and has contributed to the UK over the previous relevant two tax years, then they could claim contribution jobseekers allowance. Being in receipt of that benefit would extend the EUs right to reside in the UK as a qualified person for 6 more months and provide free NHS for their family while their benefit claim is valid. After that the EU loses their right to reside in the UK as an EU jobseeker. However this benefit is one of the favourites to be removed under the welfare cuts over the next year or two.

*Qualified persons at the moment.
Worker. In work (PAYE or Self employed) and earn enough to pay their national insurance each week.
Student. Studying; must have a CSI (Comprehensive Sickness Insurance) to pay for the healthcare for all the family; no UK benefits including child related benefits.
Self Sufficient. Must show they arrived with savings to be self sufficient; and then the same as students, must have a CSI (Comprehensive Sickness Insurance) to pay for the healthcare for all the family; no UK benefits including child related benefits.
Jobseeker. Limited. As explained above.

Any new changes will apply.

For PR they must be a Qualifed person at all times for 5 years and the UK is very strict on that.