Have Uk Visa

[Thomas_Merton]

We are now living in the UK and my wife has just received a visa giving her the “right to reside in the United Kingdom” and saying she is “free to take employment or to engage in a business or a profession”.

However there are several points upon which we are unclear, having the opinion that there are errors in this decision:

1. My wife has been addressed throughout the whole procedure, and on the final visa, by her maiden name (the name accompanying her photograph on her passport, plus name on birth certificate, marriage documents etc.). This is despite the fact I have written to the Home Office, drawing their attention to page 3 of her passport, where the 2nd Secretary of the Thai embassy in Copenhagen has confirmed a name change as a result of our marriage accompanied by the official stamp of the Embassy.

2. The visa has been issued on the basis that I am a “European Economic Area national exercising a Treaty right in the United Kingdom under the Treaty of Rome”. This may be so, however I am still a British citizen, despite having worked the last 20 years in Denmark. Why this distinction?

3. Despite there being no reference to a time period in the accompanying letter from the Home Office, why is the visa stamp in my wife’s passport marked “until 20th April 2010”?

What I would like from members of TV who feel they are qualified to comment on the above: in their opinion have errors been made? Is it worth doing something about these errors, given the fact my wife is now free to work and travel as she wishes (although my wife finds it embarrassing to have to explain the name change every time she passes through immigration, plus I am afraid of complications with respect to airline tickets and airlines’ rules concerning the correct naming of passengers and their visas).

If there is cause for complaint, to whom should this complaint be addressed, given that a letter to the case officer handling the visa application gave no response to the point underlining my wife’s married name?

[the scouser]

The only error appears to be issuing the notice in your wife's maiden name. It's not vitally important, but if you wish, you can send it back to the Home Office and ask them to issue a new one in her married name.

Immigration law distinguishes between British citizens and European Economic Area citizens. It is, in fact, easier for EEA nationals to bring their family members to the UK than it is for Brits. The endorsement your wife has been given should have been free. If you paid, then ask for your money back.

About 12 years ago a legal test case (Surinder Singh?) ruled that a British citizen exercising his EU treaty rights in an EEA country other than the UK can, for immigration purposes, present himself as an EU national rather than British and therefore benefit from the less stringent rules. This is what's happened in your case. It does not, however, detract from your entitlement to otherwise present yourself as being a British citizen. A family member of an EEA national is automatically granted permission to stay for 5 years. You should bear in mind that your wife's qualification for this endorsement is absolutely dependent upon you. Technically, should either your relationship break down or your wife ever seek to enter the UK at a time when you are not present in the country, she could be refused entry. This is not to say, however, that if you were to go to, for example, Denmark without your wife the Immigration Service would be knocking on your door looking to arrest her.

Scouse.

[Thomas_Merton]

The only error appears to be issuing the notice in your wife's maiden name. It's not vitally important, but if you wish, you can send it back to the Home Office and ask them to issue a new one in her married name.

Immigration law distinguishes between British citizens and European Economic Area citizens. It is, in fact, easier for EEA nationals to bring their family members to the UK than it is for Brits. The endorsement your wife has been given should have been free. If you paid, then ask for your money back.

About 12 years ago a legal test case (Surinder Singh?) ruled that a British citizen exercising his EU treaty rights in an EEA country other than the UK can, for immigration purposes, present himself as an EU national rather than British and therefore benefit from the less stringent rules. This is what's happened in your case. It does not, however, detract from your entitlement to otherwise present yourself as being a British citizen. A family member of an EEA national is automatically granted permission to stay for 5 years. You should bear in mind that your wife's qualification for this endorsement is absolutely dependent upon you. Technically, should either your relationship break down or your wife ever seek to enter the UK at a time when you are not present in the country, she could be refused entry. This is not to say, however, that if you were to go to, for example, Denmark without your wife the Immigration Service would be knocking on your door looking to arrest her.

Scouse.

<{POST_SNAPBACK}>

Thanks, Scouser, we were also wondering why they apparently had not charged us, now we know.

Two further points:

1. In the event of my death during the next five years, what is my wife's position (we have been married and living together for over 6 years)?

2. For which type of visa could/should she apply after this one expires?

[samran]

2. For which type of visa could/should she apply after this one expires?

Given that it sounds like she has been given indefinite leave to remain (has she been in the UK for at least 2 years?), and given that she is married to a British National, in a years time she should apply for British citizenship. No more visas will be needed.

I am sure Scouse will correct me if I am wrong.

[the scouser]

If you were to shuffle off within the validity of your wife's stamp, she would, technically, lose her entitlement to stay as, as I wrote previously, it is absolutely dependent upon there being a subsisting marriage and you being present in the UK. (I suppose there's a legal argument that, being 6ft under, you would still be present in the UK but I wouldn't like to pursue that one.....) In such a situation it is possible to ask the Home Office to consider the circumstances compassionately and to apply some discretion. They would then assess her ties (no pun intended) to the UK, which, if considered sufficiently strong, would enable her to stay. If you have children, her family relationship to them might also allow her to remain in such a scenario.

On the assumption that you're not going to croak it, your wife can apply for indefinite leave to remain at the end of the 5 years. She may, in fact, be able to seek it after 4 years but I'm not totally sure on that one. Upon getting indefinite leave your wife would be able to seek naturalisation on the basis of being married to a Brit and to have been residing in the UK for in excess of 3 years.

Cheers,

Scouse.

[bkk_mike]

Dumb question - why can't she just apply for ILR after 2 years in the UK? - Why does she have to wait 4 years?