How possible is it for my Spouse/Partner who is not from the EU or UK on a visitor's visa to then apply for a Residence card?
I am an EU citizen (French), my wife is Brazilian, she is currently staying with me on a visitor visa, and can she apply for a residence card?
If your wife is currently residing in the UK, she will not be expected to return to Brazil to make an application. The European Regulations allow for an in country application to be made for a Residence card, which results in saving time if she is already in the UK with a visitor visa.
We will need to make an application in good time so that your spouse does not overstay her visit visa. When making the application, we will need to provide evidence of
The European national exercising treaty rights as a worker, self-sufficient, a student or a job seeker. There may be a requirement to have private medical insurance;
You must be in a genuine a subsisting relationship;
These are the main requirements and we can discuss them further over the phone with either myself or one of our immigration solicitors.
The European regulations remain in place despite Brexit. The longevity of the rules is where there may need to be a further application in the future. However, for now, my advice remains correct and I suggest we make a timely application for a five-year residence card whilst your wife is in the UK.
Some of the documents that we may request include, but are not limited to:
Wage slips for the qualifying period immediate before the application;
Corresponding bank statements to cover the same period;
Passports of all parties applying, which must include the European national and third country national;
Utility bills that show that you are living in the same household. This evidence will be used to show that you are in a genuine relationship;
Marriage certificate, which must be translated into English if not already in English;
Any other documents that will be confirmed when further instructions have been taken.
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