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I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Child

I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Child

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Old Aug 6th 2014, 1:20 am
  #76  
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

Originally Posted by Vexcore
How does one enter an EEA country if there not from the EU but they're spouse is an EU citizen? at the end of the day wouldn't the none EU spouse NEED some visa?
She would apply for the appropriate permit in advance. The exact procedure would vary from country to country but would be broadly similar. For example, if you were interested in settling in Sweden, you would start with the Swedish Migration Board. Private individuals - Swedish Migration Board [NS4 version]
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Old Aug 6th 2014, 1:22 am
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

Originally Posted by JAJ
She would apply for the appropriate permit in advance. The exact procedure would vary from country to country but would be broadly similar. For example, if you were interested in settling in Sweden, you would start with the Swedish Migration Board. Private individuals - Swedish Migration Board [NS4 version]
Or i could visit a french embassy in china and apply that work for an EEA/Family Permit yes???


stay in france for 3 or 6 months then back to UK with no problems? the only problem i see is we have a little one with us.
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Old Aug 6th 2014, 1:45 am
  #78  
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

Originally Posted by Vexcore
Or i could visit a french embassy in china and apply that work for an EEA/Family Permit yes???

stay in france for 3 or 6 months then back to UK with no problems? the only problem i see is we have a little one with us.

If interested in settling in France, then perhaps start at:
Formalités d’entrée en France - France-Diplomatie - Ministère des Affaires étrangères et du Développement international

I think it has been discussed on these forums that 3-6 months (extended vacation, really) isn't likely to convince the Home Office that they have any obligation to grant your wife a permit under the so-called Surinder Singh rules. You would have to show genuine settlement in France first. That would usually take longer, although there is no specific amount of time. Others can presumably give you better information on this.

Or, after meeting the appropriate French requirements, if your wife became a French citizen she could then freely travel and live in other EU/EEA states.
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Old Aug 6th 2014, 1:49 am
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

But getting french citizen takes years, and i have no desire to 'settle' in France i'm just trying to find some loop holes into getting my wife in UK with out the 18:600..

Can't believe all this bollocks me as a British citizen is stuck at the moment.

Proud to be British as my signature says? i should change that i think heh...
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Old Aug 6th 2014, 1:52 am
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

Originally Posted by alfista1
I feel for you I really do. I am here in the UK with my wife as a tourist. She is supposed to leave by December!!
We have a 4 year old starting primary in September.
We were both made redundant overseas so decided to come back home.
If she is Uruguayan, did you not consider Spain?

As far as I am aware, Uruguayans are normally eligible for Spanish citizenship after 2 years residence. Although you would have to do your own research about how this works in practice, and laws could change. (unofficial resource): http://en.wikipedia.org/wiki/Spanish_nationality_law
With a Spanish passport, she could freely move to the U.K. later on if she wished to. Provided immigration laws are the same, etc.
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Old Aug 6th 2014, 12:04 pm
  #81  
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

Originally Posted by JAJ
I think it has been discussed on these forums that 3-6 months (extended vacation, really) isn't likely to convince the Home Office that they have any obligation to grant your wife a permit under the so-called Surinder Singh rules. You would have to show genuine settlement in France first. That would usually take longer, although there is no specific amount of time.
Yes, this is very true. Even 6 months may not be long enough (though there is no strict definition of how long IS long enough) for the new Singh rules. Some people have said a year is necessary. The new idea is that you must transfer your family's "centre of life" to the EEA country AND be able to prove that. Besides of course a local job for the EU/UK citizen, there should be school for any children, language learning for the whole family, long-term lease or (even better) buying property, memberships in local or national clubs, organizations, etc. ...

https://www.whatdotheyknow.com/reque...Singh.pdf.html

So ... when reading about Singh on these boards or any other advice forum, one must ignore all Singh advice posted before December of last year (12/2013). Before the rules change, 3-6 months may have sufficed (not always but much of the time), but now this time period is no longer adequate.

UK Changes Rules on Surinder Singh Route | EU Rights Clinic

Last edited by WEBlue; Aug 6th 2014 at 12:54 pm.
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Old Aug 6th 2014, 4:47 pm
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

You guys sure helped keep my mind off my drama.. It is heartbreaking knowing so many people are trying to just live with their loved ones and do what they feel right for their family….. I will continue to view options and post questions…. I have a question now actually…

Let's just pretend my husband gets a job back in the UK making say… 15k pounds.. could he get a second job that makes the 7,400 pounds so with BOTH jobs he makes the 22,400 pounds total that is required? If he worked at both jobs and "met" the "requirement" once my visa was approved after him working there for six months does he HAVE to continue working two jobs or could he keep the one that makes 15,000 pounds a year only? Just thinking of options.. I wouldn't mind if he were away for a few months from me… we did it when we were engaged so I'm sure we can handle it now (although no one wants to separate from their spouse for a few months) So…. if he went and got 2 jobs making the requirement.. i would go visit on my standard passport for 3 months with my daughter and come home and wait out the other few months… Will this work?????
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Old Aug 6th 2014, 5:15 pm
  #83  
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

Originally Posted by johnandlindsey
You guys sure helped keep my mind off my drama.. It is heartbreaking knowing so many people are trying to just live with their loved ones and do what they feel right for their family….. I will continue to view options and post questions…. I have a question now actually…

Let's just pretend my husband gets a job back in the UK making say… 15k pounds.. could he get a second job that makes the 7,400 pounds so with BOTH jobs he makes the 22,400 pounds total that is required? If he worked at both jobs and "met" the "requirement" once my visa was approved after him working there for six months does he HAVE to continue working two jobs or could he keep the one that makes 15,000 pounds a year only? Just thinking of options.. I wouldn't mind if he were away for a few months from me… we did it when we were engaged so I'm sure we can handle it now (although no one wants to separate from their spouse for a few months) So…. if he went and got 2 jobs making the requirement.. i would go visit on my standard passport for 3 months with my daughter and come home and wait out the other few months… Will this work?????

As long as he makes the required amount he should be fine (with 1 job or 2 jobs), but he must make that required amount for 6 months BEFORE he applies for your visa. Or he needs a job offer/s in advance that makes that much. I think you can stay for 6 months on a family visit visa, but (as I understand it), he would have to work for 6 months, and then you would have to return for 3 - 6 months while your visa processes. I think you can pay to have it expedited, but I am not sure how effective it is / what the average processing times are (someone else might be able to tell you)

Can someone verify something for me though?

Let's say you apply for your visa, you have a job offer at that time - but it starts in 1 month's time. Will you be required to work THAT job for 6 months before your visa is approved? Technically it's a job offer at the time you applied, but if the processing time is 3 months (as an example), it will begin before your spouse's visa is approved.
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Old Aug 6th 2014, 8:10 pm
  #84  
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

Originally Posted by cookiehearts
As long as he makes the required amount he should be fine (with 1 job or 2 jobs), but he must make that required amount for 6 months BEFORE he applies for your visa. Or he needs a job offer/s in advance that makes that much. I think you can stay for 6 months on a family visit visa, but (as I understand it), he would have to work for 6 months, and then you would have to return for 3 - 6 months while your visa processes. I think you can pay to have it expedited, but I am not sure how effective it is / what the average processing times are (someone else might be able to tell you)

Can someone verify something for me though?

Let's say you apply for your visa, you have a job offer at that time - but it starts in 1 month's time. Will you be required to work THAT job for 6 months before your visa is approved? Technically it's a job offer at the time you applied, but if the processing time is 3 months (as an example), it will begin before your spouse's visa is approved.
Can't verify that but what I will say - family visit visa is only for nationals of countries that are not visa-waiver from the UK. johnandlindsey is a US citizen, and US citizens get 6 months visa free in the UK, so a family visit visa would be pointless, as it is the same 6 month stay.
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Old Aug 7th 2014, 1:54 am
  #85  
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

Originally Posted by Gozit
Sorry. I stand corrected there. With regards to Canada for sure I know there isn't a financial requirement, not sure about Aus but I don't think so either.
Sorry, with regards to Canada, there is a financial requirement. You also need to agree in writing to give financial support to your relative for 3 years, if they need it.

The resulting amount must exceed the minimum income levels shown in this chart:

Size of Family Unit Minimum necessary income
1 Person (the Sponsor) $22,229
2 Persons $27,674
3 Persons $34,022
4 Persons $41,307
5 Persons $46,850
6 Persons $52,838
7 Persons $58,827
Each additional person $5,989
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Old Aug 7th 2014, 3:26 am
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

Originally Posted by FlyingDutchman6666
Sorry, with regards to Canada, there is a financial requirement. You also need to agree in writing to give financial support to your relative for 3 years, if they need it.
Wrong there too I guess, but looking at the requirements (thanks for posting them) they are not absurd at all, the minimum one is below Ont minimum wage...
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Old Aug 7th 2014, 8:27 am
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

Originally Posted by FlyingDutchman6666
Sorry, with regards to Canada, there is a financial requirement. You also need to agree in writing to give financial support to your relative for 3 years, if they need it.

Australia have these type of rules too.
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Old Aug 7th 2014, 8:34 am
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

Originally Posted by johnandlindsey
Let's just pretend my husband gets a job back in the UK making say… 15k pounds.. could he get a second job that makes the 7,400 pounds so with BOTH jobs he makes the 22,400 pounds total that is required? If he worked at both jobs and "met" the "requirement" once my visa was approved after him working there for six months does he HAVE to continue working two jobs or could he keep the one that makes 15,000 pounds a year only? Just thinking of options.. I wouldn't mind if he were away for a few months from me… we did it when we were engaged so I'm sure we can handle it now (although no one wants to separate from their spouse for a few months) So…. if he went and got 2 jobs making the requirement.. i would go visit on my standard passport for 3 months with my daughter and come home and wait out the other few months… Will this work?????
If you are worried that ksand over on uk-yakee.com isn't giving you the right advice, that don't worry because she is very good on spouse/fiance/partner visas. What she told you about 2 jobs is correct and he must make that money for 6 months as he has to provide proof of that as your sponsor. ksand seems to be the best person to ask about spouse visas rules to UK citizenship.

The problem with your spouse just increasing his hours to get you and your daughter visas, then reducing his hours again, is that he has to prove he meets these financial requirements for you and your daughter's next visas too. Although for the second visas that you will need, your salary can be included in the financial requirements for the visas for yourself and your daughter. You need a minimum of 2 spouse visas (5 years) before you can apply for ILR.

Last edited by formula; Aug 7th 2014 at 8:56 am.
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Old Aug 7th 2014, 8:47 am
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

Originally Posted by cookiehearts

Can someone verify something for me though?

Let's say you apply for your visa, you have a job offer at that time - but it starts in 1 month's time. Will you be required to work THAT job for 6 months before your visa is approved? Technically it's a job offer at the time you applied, but if the processing time is 3 months (as an example), it will begin before your spouse's visa is approved.
If you are applying for a spouse visa, then it's the sponsor who has to earn that salary for 6 months, not the person being sponsored. They will have to earn that money for 6 months and provide proof of that with the visa application.

If they earned the equivilant of £18,600 (or whatever they need to sponsor) in the last 12 months and can find a job in the UK for that same financial requirement and they can provide a contract that starts within 3 months, then they can apply with all that evidence, to sponsor someone.

The one wanting to be sponsored could apply for a work visa in their own right, Tier 2 (General) so that a company then sponsors them, but that visa is hard to get from outside the UK unless they have skills in demand. 5 years to ILR on that visa.

Or if they have worked for a company for at least a year and that company has a UK office, they could try and get transfer on a Tier 2 (ICT). It's only a temporary visa (no route to citizenship) but their salary could then be counted for a spouse visa. Their time on a Tier 2 (ICT) won't count towards their 5 years to ILR on a spouse visa.

Student visa (Tier 4) is another option. Not cheap and they will have to study, but it will allow them time together in the UK until they can be sponsored for a spouse visa. If they get a Tier 4 that allows some work, that salary too can be counted towards the spouse visa. Time on a Tier 4 will not count towards the 5 years to ILR when they switch to a spouse visa.
Or at the end of their studies they can try and get a Tier 2 General visa as they are much easier to get if you studied in the UK.

Last edited by formula; Aug 7th 2014 at 9:20 am.
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Old Aug 7th 2014, 1:10 pm
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Default Re: I think this is the right place?? UK Citizen Moving back to UK with US Spouse/Chi

Originally Posted by formula
If you are applying for a spouse visa, then it's the sponsor who has to earn that salary for 6 months, not the person being sponsored. They will have to earn that money for 6 months and provide proof of that with the visa application.

If they earned the equivilant of £18,600 (or whatever they need to sponsor) in the last 12 months and can find a job in the UK for that same financial requirement and they can provide a contract that starts within 3 months, then they can apply with all that evidence, to sponsor someone.

The one wanting to be sponsored could apply for a work visa in their own right, Tier 2 (General) so that a company then sponsors them, but that visa is hard to get from outside the UK unless they have skills in demand. 5 years to ILR on that visa.

Or if they have worked for a company for at least a year and that company has a UK office, they could try and get transfer on a Tier 2 (ICT). It's only a temporary visa (no route to citizenship) but their salary could then be counted for a spouse visa. Their time on a Tier 2 (ICT) won't count towards their 5 years to ILR on a spouse visa.

Student visa (Tier 4) is another option. Not cheap and they will have to study, but it will allow them time together in the UK until they can be sponsored for a spouse visa. If they get a Tier 4 that allows some work, that salary too can be counted towards the spouse visa. Time on a Tier 4 will not count towards the 5 years to ILR when they switch to a spouse visa.
Or at the end of their studies they can try and get a Tier 2 General visa as they are much easier to get if you studied in the UK.
I was thinking of a student visa for my wife also so she could stay longer. They say it takes 3 weeks for a student visa to be issued. She could go back home, apply immediately and come back for either 6 or 11 months(English course).
But the issue is trying to find a course we can afford and that is local.
Just another option until we have the financial requirements for the spouse visa.
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