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To Apply For Spouse Visa Or Not?


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#1 Masha27

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Posted 11 November 2012 - 02:05 PM

Hi!
I am Croatian, very soon to be married to my British fiance. Our plan is to live in the UK, so to apply for spouse visa and we are already prepared for that. But... Croatia is about to join EU from 1.7.2013. And after that spouse visa would, as far as I understand, be irrelevant.

Currently, I can visit him and stay for 6 months, as non EU citizen, but not be able to work. That would be ok for us, as I would be able to legally start working from 1.7.2013. He is employed and can provide for us.

Is there any reason why we should apply for spouse visa now, 7 months before Croatia joins EU, apart from me being able to work in the UK before 1.7.13.?

If I enter the UK in Jan 2013 for a 6 months visit to my husband, with honest intention to legally stay in UK if Croatia joins EU (or return to Croatia to apply for visa if things go really wrong) would Immigration officers have any reason not to allow me in? We have very clear records of our visits over the last almost 4 years, and have never overstayed or had any problems. Should I get any special permission or just enter UK as I did before, for 6 months visit?

I would appreciate your opinion. Thank you!



#2 Susi

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Posted 11 November 2012 - 02:19 PM

Hi!
I am Croatian, very soon to be married to my British fiance. Our plan is to live in the UK, so to apply for spouse visa and we are already prepared for that. But... Croatia is about to join EU from 1.7.2013. And after that spouse visa would, as far as I understand, be irrelevant.

Currently, I can visit him and stay for 6 months, as non EU citizen, but not be able to work. That would be ok for us, as I would be able to legally start working from 1.7.2013. He is employed and can provide for us.

Is there any reason why we should apply for spouse visa now, 7 months before Croatia joins EU, apart from me being able to work in the UK before 1.7.13.?

If I enter the UK in Jan 2013 for a 6 months visit to my husband, with honest intention to legally stay in UK if Croatia joins EU (or return to Croatia to apply for visa if things go really wrong) would Immigration officers have any reason not to allow me in? We have very clear records of our visits over the last almost 4 years, and have never overstayed or had any problems. Should I get any special permission or just enter UK as I did before, for 6 months visit?

I would appreciate your opinion. Thank you!


You may find this link to the UKBA website helpful. The intention is for there to be transitional restrictions for Croatians working in the UK. It may be wise to apply for a spouse visa if you're able to meet the finiancial criteria.

#3 Masha27

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Posted 11 November 2012 - 03:08 PM

You may find this link to the UKBA website helpful. The intention is for there to be transitional restrictions for Croatians working in the UK. It may be wise to apply for a spouse visa if you're able to meet the finiancial criteria.


Thank you for your answer. We read about the restrictions, and in Statement of Intent (by UK Gov) it says:

WHO WILL BE SUBJECT TO THE WORK AUTHORISATION REQUIREMENT?
10. In principle, any Croatian national who intends to take employment in the United Kingdom will be subject to the work authorisation requirement. However, the following (this is not an exhaustive list at this stage) will be exempt from the requirement:


  • those Croatian nationals who are legally present in the UK on the date of accession and who, on that date, are not subject to any restrictions on working (for example, those Croatian nationals who have already been granted settlement in the UK);

  • those Croatian nationals who are legally working in the UK on the date of accession and have been legally working for an uninterrupted period of 12 months ending on that date;

  • those Croatian nationals who work legally for an uninterrupted period of 12 months falling partly or wholly after the date of accession;

  • those Croatian nationals who are also a national of the UK or of another Member State whose nationals are not subject to similar restrictions;

  • those Croatian nationals who are also the spouse or civil partner of a national of the UK or the family member of an EEA national who has a right to reside in the UK, except where that EEA national is subject to work authorisation;

  • those Croatian nationals who are posted to the UK by a business established on the territory of another Member State.


The cost of spouse visa is high and it takes time. Still, I am confused about the real need for it.
Thanks for your advices.

#4 Susi

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Posted 12 November 2012 - 11:04 AM

If I find confirmation, I'll post it for you. My daughter-in-law is Croatian...originally from Konavle.

#5 Masha27

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Posted 12 November 2012 - 04:38 PM

If I find confirmation, I'll post it for you. My daughter-in-law is Croatian...originally from Konavle.


Thanks Susi!
(Hope you have good experience with us then, and Konavle is gorgeous place) :)

#6 Susi

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Posted 12 November 2012 - 05:11 PM


If I find confirmation, I'll post it for you. My daughter-in-law is Croatian...originally from Konavle.


Thanks Susi!
(Hope you have good experience with us then, and Konavle is gorgeous place) :)


Absolutely. Spent Easter out there this year. ;)

#7 Ivars

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Posted 12 November 2012 - 05:21 PM

Hello, there are a few options available to you at the moment;

As you mentioned you could enter on a Visit Visa for up to 6 months and once Croatia becomes part of the EU re-enter. This is a good option but once Croatia has become a member of the EU, there will be restrictions where by a Croatian National may enter the UK, but will not be eligible for work for a 3 month period, after this time they will be required to leave, unless they are able to obtain suitable work sponsorship (option 3).

If you are definitely looking to get married in the near future in any case, a marriage visa would certainly be your best option, as you know this would allow you to take up employment in the UK.

However, if you wish to reside and work in the UK in your own right, without applying for a marriage visa.

I hope this has been of help to you, I wish you the best of luck in this matter.

#8 Victoria

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Posted 13 November 2012 - 11:52 AM

That is clearly incorrect, as per the reference above, where the work authorisation is not required when the Croatian national is married to a UK national.

#9 Masha27

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Posted 14 November 2012 - 01:27 PM

Thank you both for your answers. I know its a waiting game, until UK comes up with the final decision.

For now, based on current information, I think we shouldn't apply for spouse visa for 2 reasons: firstly, waiting time (it would most probably not be issued before mid March 2013, that way the benefits of it - to be eligible to start working immediately, are just for 3 months!) and secondly, the cost of it.

I guess I am not the only one in this situation, and maybe someone else will share their experience as well.

#10 Victoria

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Posted 14 November 2012 - 01:29 PM

Why do you think that the visa wouldn't be issued until March?




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