Hello
Guest

Sponsored Links


Topic: Coming to the UK on a spouse visa, then going to Europe...what happens?  (Read 742 times)

0 Members and 1 Guest are viewing this topic.

  • *
  • Posts: 16

  • Liked: 0
  • Joined: Jun 2008
Hi,
I'm a UK citizen, just married to a US citizen out here in California, and about to apply for a spouse visa for her to come to the UK.

She's going to apply for some post-graduate programs in London and Amsterdam. We plan on staying in London for a few months at least, before either staying in London or leaving for Amsterdam.

Question is, what happens to her status if she decides to study in the Netherlands, rather than the UK?

It looks like she can go to the Netherlands no problem, but we don't know what sort of status she'll have regarding 'indefinite leave to stay', and that kind of thing.

Anyone have experience with this, or know where I could find information on this? I've been digging through the UK visa websites and can't get any answers...

Thanks!
Adam


  • *
  • Posts: 1063

  • Liked: 0
  • Joined: Aug 2008
  • Location: Birmingham, England
Re: Coming to the UK on a spouse visa, then going to Europe...what happens?
« Reply #1 on: November 08, 2008, 10:05:39 PM »
Adam, it is not totally clear from what you post! What are your intentions? That is, if she goes to the Netherlands, do you stay in the UK, or do you also go to the Netherlands?

In short, are you intending to exercise your EU Treaty Rights in the Netherlands, for example by working there?

Or is it possible she might go first, and you might go a few months later?
John


  • *
  • Posts: 16

  • Liked: 0
  • Joined: Jun 2008
Re: Coming to the UK on a spouse visa, then going to Europe...what happens?
« Reply #2 on: November 08, 2008, 11:34:51 PM »
Hope this clears things up...

If she gets into school in the Netherlands, I'll be going with her, at the same time. I intend on working there, which will be no problem as I'm an EU citizen.

Whether we stay in London or go to Amsterdam we'll be staying and living together.

The question is, what happens to her, her rights, her path to UK/European citizenship and indefinite leave...

The Dutch websites tell us it's no problem for her to go to the Netherlands to study, as she'll be my spouse, but no sites tell us what happens to her status. All a bit confusing.


  • *
  • *
  • *
  • Posts: 3121

    • My blog!
  • Liked: 4
  • Joined: Sep 2005
  • Location: London, UK
Re: Coming to the UK on a spouse visa, then going to Europe...what happens?
« Reply #3 on: November 09, 2008, 08:56:17 AM »
The UK won't recognise her time in the Netherlands towards her Citizenship/ILR/etc.  Now depending on how long you are away, she may get permenent residence when she returns.  Currently once you have been married for > 4 years she would get an ILR upon successful application, if you hadn't reached that point she would need to apply for an FLR for a 27th month period.  She would then need to reside in the UK for 3 years to gain her full Citizenship.

The concept is that they only want to give residence/Citizenship to those who intend to settle and stay in the UK.

One other thing is that right now it is difficult to plan for the future, because of the looming changes that would likely effect, in some cases to a great extent, the information provided above.  I know Vicky constantly says "nothing is in stone" which is true, but it has become impossible for families to plan how and where they are going to settle and know what sort of hoops they will have to jump through.  Case in point, I had to make a serious decision about waiting in the UK for my citizenship or working for my company somewhere else in the world.  The thing is that the working elsewhere will probablly not be forever as we both feel strong ties to the UK, and I can wait around for another year, but some of the proposed changes would make me wait at least 1 year longer then I had planned to become a Citizen and that totally changes the dynamics.  We had been doing personal planning on one timeline as well as my professional career development, but to have the pulled out from under you makes it difficult.  I know it is a side rant, but here is another example of a couple who won't be able to properly plan for their family.

Also, just from a pratical standpoint, you realise the NL have some of the most heavy taxes out there...  Basically the tax everyone to the point of equality, so don't have any grand aspirations of making a shedload of money there.
WARNING My thoughts and comments are entirely my own.  Especially when it comes to immigration and tax advice, I am not a professional.  My advice is to seek out professional advice.  Your mileage may vary!
Transpondia
UK Borders Agency (Official Government Site)
Office of Immigration Service Commissioner (Official Government Site)
My Blog


  • *
  • Posts: 1063

  • Liked: 0
  • Joined: Aug 2008
  • Location: Birmingham, England
Re: Coming to the UK on a spouse visa, then going to Europe...what happens?
« Reply #4 on: November 09, 2008, 10:21:28 AM »
Quote
If she gets into school in the Netherlands, I'll be going with her, at the same time. I intend on working there, which will be no problem as I'm an EU citizen.

No, of course not a problem, you will be exercising your EU Treaty Rights there.

That being the case your wife can also register with the Dutch authorities, for a 5-year Residence Card, that will effectively confirm that she has the same EU Treaty Rights as you, including the ability to work and/or study.

I was just concerned that you might be working in the UK while your wife is in the Netherlands, because her Treaty Rights are off the back of you exercising your EU Treaty Rights in the Netherlands.
John


  • *
  • Banned
  • Posts: 14601

  • Liked: 4
  • Joined: Sep 2005
Re: Coming to the UK on a spouse visa, then going to Europe...what happens?
« Reply #5 on: November 10, 2008, 08:45:36 AM »
I don't think you should be applying for a settlement visa if you may not settle in the UK.  You should really make a decision on where you are going to be living before applying, or the application may be refused.

If you go ahead anyway, and get it, and then move to Amsterdam, then the main question is 'how long will you be gone for'?  If it is a year or more, then ILR is out of the wondow, as even if you come back it will be impossible to argue that you intended to settle when you made the application, and it will be difficult to argue that you intend to make the UK your home.

Vicky


Sponsored Links





 

coloured_drab