EU Citizen w/US partner - US Spouse Visa or UP Visa?

Hi All,

New here to the board but thank a million in advance for your guidance. I am an Irishman currently in the US completing my MBA and I have an offer (which I am likely to accept) to join a company in London next summer. My AMERICAN girlfriend and I have been together almost 3 years and are certainly planning on getting married although I have yet to pop the question.

The idea was to engaged early in 09 and then married whenever in the future but with the immigration issue on the table, we were thinking of getting the civil marriage much earlier and applying for a UK Spouse Visa for her. How long does this process take (ie how early would we have to get married to submit the forms ontime?)?

Would it make more sense to apply for the UP visa and then switch to the Spouse Visa when we are there? Is that even an option?

Do things change because I am a EU citizen and not a UK citizen?

Thanks for your help!

Here is a little advisory I wrote a while ago for irish nationals..

http://www.medivisas.com/irish-nationals-eea.asp

You have a choice when looking at UK or EU law.



Vicky

Being an Irish citizen, you have two paths open to you; the UK Immigration Rules and the EU Regulations.  Victoria, one of the regular posters on here, put up a great synopsis of the two on her website.  http://www.medivisas.com/irish-nationals-eea.asp

How long have you and your partner been living together?  Under both paths, applying as an unmarried partner requires proof of at least 2 years cohabitation.  If you've been living together less than 2 years, then applying as an unmarried partner wouldn't be a viable option, and marriage would be the way to go.

ETA: cross-posted with Vicky

Thanks guys!! Since the company will be taking care of the fees, it sounds like the UK way is the way to go.

So let me get this straight...once a non-EEA spouse is in the UK and wants to apply for the residence card under EU regulations, they send off their passport with that application and risk being without it for 6 months?
What do people do in this situation? This is the only route available to me and I would certainly need the use of my passport over that time (in order to get to France and the US for our religious ceremonies). Is this a situation in which the US might consider issuing a second passport for use while the card is pending?

So let me get this straight...once a non-EEA spouse is in the UK and wants to apply for the residence card under EU regulations, they send off their passport with that application and risk being without it for 6 months?
What do people do in this situation? This is the only route available to me and I would certainly need the use of my passport over that time (in order to get to France and the US for our religious ceremonies). Is this a situation in which the US might consider issuing a second passport for use while the card is pending?

I'm sure someone else will correct me if I'm wrong, but I have a feeling that it is possible to request the passport back after you have sent it off, without it jeopardising the application, so that you don't have to be without it for the whole six months. This is different from a UK visa application, whereby requesting the passport back would mean the visa application is withdrawn and not processed.

From the Wiki page on EEA regulations:

    * The initial visa (EEA family permit) is valid for only 6 months (reduced in 2006 from previously 12 months).
    * The processing of the EEA2 application (which is required to be completed within 6 months) often takes longer than 6 months.
    * During this time the passport of both the EEA citizen and the family member is held by the Home Office.
    * While it is possible to request the passport back without canceling the application, the current web page does not mention this (unlike the previous one).

You can make the application initially with copies of the passport or with your national ID card if you wish.

Vicky

You can make the application initially with copies of the passport or with your national ID card if you wish.

Vicky

When my husband and I applied for our residence cards I initially sent in copies of the passport. However, they sent a letter back saying they would not process the applications without the actual passports and if I didn't send them in by X day they would cancel the application. In the end I sent them in with letters about needing to travel on X day and I got my residence stuff done within a month so it didn't end up being an issue. But, I do think that you can request your passport back and I remember reading online (don't currently have url) that in some cases you can call a phone number, have them pull your passport and physically go pick it up that day or the next day.

We frequently make applications with copies, sending the originals in when they are ready to issue..though they must be certified copies of the sponsors.


Vicky

We frequently make applications with copies, sending the originals in when they are ready to issue..though they must be certified copies of the sponsors.


Vicky

gotcha. that's probably what the deal was. its all coming back to me now. I had gone to a lawyer to get copies certified and though telling me on the phone he would do it, when I got there he made me cry and feel like a terrorist. In the end I think I sent regular copies asking to send in the real ones at a later date so that must have been what it was. I must have effectively blocked that scenario out!