Spouse visa
#106
Just Joined
Joined: Feb 2013
Posts: 6
Re: Spouse visa
Even if someone "gifts" you part or all of the savings amount, it has to stay as cash in the bank account for the required 6 months in order to count for the spouse application.
And don't forget that there is a second spouse visa to apply for inside the UK after 2.5 years (FLR) for which you must also meet financial requirements. The good thing about this second visa is that both the UK citizen AND the visa applicant's incomes can count towards meeting the financial requirement. However, in your case--if your UKC wife continues to look after your child and not take a job--once again only your income will be used. Some couples may want to keep the cash savings account high just in case of income falling below the requirement.
It's 5 years to ILR now, with the two spouse visas applied for in all under these new requirements, so you want to keep this in mind for the future as you wait out the time to ILR.
And don't forget that there is a second spouse visa to apply for inside the UK after 2.5 years (FLR) for which you must also meet financial requirements. The good thing about this second visa is that both the UK citizen AND the visa applicant's incomes can count towards meeting the financial requirement. However, in your case--if your UKC wife continues to look after your child and not take a job--once again only your income will be used. Some couples may want to keep the cash savings account high just in case of income falling below the requirement.
It's 5 years to ILR now, with the two spouse visas applied for in all under these new requirements, so you want to keep this in mind for the future as you wait out the time to ILR.
My income is fine, so savings for 2nd part is easy, its not much of an issue once I'm working. Its getting the visa in the first instance to go for the interviews.
Once I'm working everything sorts itself out. I have spent plenty on my start-up business, which is why I don't have the savings. But I will not spend anymore on start-up business as money is now sorted, all money I earn, is mine now, so we will have more then enough in 2 years.
The ILR is another kettle of fish as well. I wouldn't mind that, so I don't have to go through this visa thing, to go backwards and forwards from NZ to UK, and work on my business as and when needed.
My start-up business will dictate how long I will be in the UK. If it does well, I can run it from NZ, if it doesn't, I will be in the UK until I can make it work. But since my business will be in the UK, I will need to travel backwards and forwards, which will suit us both so we can see our families. (this is all hypothetical and best case scenario as business may not work).
ILR just makes my travel easier, but its not my main goal, so its quite a tough one. I will play this one by ear.
Never mind, some people are more unfortunate then us. But you always look at your own personal circumstances.
Thanks for your help
Cheers
#107
BE Enthusiast
Joined: Feb 2012
Posts: 837
Re: Spouse visa
I live in Nigeria since Dec 2011 and have been working here for the past 6 months. My income translated to GBP is around £28,000 after tax.
I grew up in Bulgaria (now an EU country), lived in Poland for a short while and prior to moving to Nigeria, I worked in London for 7 years. My last gross income in UK was £53,000 pre-tax.
I grew up in Bulgaria (now an EU country), lived in Poland for a short while and prior to moving to Nigeria, I worked in London for 7 years. My last gross income in UK was £53,000 pre-tax.
BUT - the test case (McCarthy) was based on someone who had lived all their life in the UK and tried to then use EU law to bring in a spouse to the UK. They even got the Irish passport only shortly before applying so with obvious intent. You are not doing that but are outside the UK and EU and have been a dual-national all your life from the sound of it - so it could be that you get granted.
It's free of charge and simple to get an EEA-family permit, if you get refused you will need to declare that on any future applications. Appeals would probably go all the way to the top and make a great test case but that takes a long time!
Your choice
#108
Just Joined
Joined: Feb 2013
Posts: 13
Re: Spouse visa
Hi englishguygoinghome,
I only got British citizenship last year through naturalization. It seems that if I didnt have it it will be easier as prior to being awarded citizenship I was exercising my treaty rights for 7 years.
I think i will still try and submit application for EEA with my Polish passport and see what happens.
Thanks for all the useful info!
I only got British citizenship last year through naturalization. It seems that if I didnt have it it will be easier as prior to being awarded citizenship I was exercising my treaty rights for 7 years.
I think i will still try and submit application for EEA with my Polish passport and see what happens.
Thanks for all the useful info!
#109
Re: Spouse visa
Some times, having British citizenship is not good.
You can give it back if you want, just hold on to one of your EU passports.
vette
You can give it back if you want, just hold on to one of your EU passports.
vette
#110
Just Joined
Joined: Feb 2013
Posts: 13
Re: Spouse visa
Its sad how many people get miss-advised on immigration matter, incl us.
Eitherway, I have had enough. We are fine where we are, have good standard of living, weather is lovely, all food is organic.
I dont its worth all the trouble in our case. All i really wanted is to be able to travel as a family and not having to make visas every time... Tough
Eitherway, I have had enough. We are fine where we are, have good standard of living, weather is lovely, all food is organic.
I dont its worth all the trouble in our case. All i really wanted is to be able to travel as a family and not having to make visas every time... Tough
#111
BE Forum Addict
Joined: Jul 2003
Location: Finally moving!
Posts: 1,236
Re: Spouse visa
... BUT - the test case (McCarthy) was based on someone who had lived all their life in the UK and tried to then use EU law to bring in a spouse to the UK. They even got the Irish passport only shortly before applying so with obvious intent. You are not doing that but are outside the UK and EU and have been a dual-national all your life from the sound of it - so it could be that you get granted.
#112
BE Forum Addict
Joined: Apr 2008
Posts: 2,294
Re: Spouse visa
After the McCarthy ruling, the UK got new EU laws written last year, for the UK only and they are much more far reaching than the McCarthy ruling. I was amazed Cameron got them through.
One of them was that a person who had British citizenship and another EEA citizenship, was now treated as a Brit for immigration purposes; unless using Singh.
This new law not only affects those in NI who are British and Irish citizens and those Brits who can get another EEA passort, but it also includes all those EEA nationals who used EU treaty rights to become British citizens. They can no longer use EU rules to bring family to the UK as they are now under UK immigration rules and this not only affects their non-EU family, but also their EU extended family too who aren't exercising free movement in their own right in the UK.
This means that EEA immigrants in the UK now have to decide whether to naturalise as a Brit and lose their EU rights; or whether to risk Brexit or any other EU new laws that may affect their life in the UK. Yet Brits can still become citizens of their EEA country and still have their EU rights too.
Last edited by formula; Feb 15th 2013 at 12:25 am.
#113
BE Forum Addict
Joined: Apr 2008
Posts: 2,294
Re: Spouse visa
So all he would get is child benefit of about £20 a week as that benefit is not means tested. The new welfare payment Universal Credit (being rolled in from April) is means tested and is replacing the housing benefit, JSA and Tax Credits he could have claimed before.
Last edited by formula; Feb 15th 2013 at 12:43 am.
#114
BE Forum Addict
Joined: Jul 2003
Location: Finally moving!
Posts: 1,236
Re: Spouse visa
Unlike, for example, a Polish/British dual citizen in the same situation. Such a person could renounce British citizenship in order to achieve the right to bring US citizen family to the UK.
Renouncing British citizenship to gain rights in the UK is probably fairly safe if it were acquired by birth rather than by naturalisation. Even if Polish citizenship were acquired through naturalisation.
My opinion, nothing more, caveat lector.
Last edited by holly_1948; Feb 15th 2013 at 2:06 am.
#115
BE Forum Addict
Joined: Apr 2008
Posts: 2,294
Re: Spouse visa
That wasn't what we were talking about. We were talking about the McCarthy ruling and the effect the new EU law now has on dual EEA nationals (including Irish/UK) on being able to use EU law in the UK.
Unlike, for example, a Polish/British dual citizen in the same situation. Such a person could renounce British citizenship in order to achieve the right to bring US citizen family to the UK.
Renouncing British citizenship to gain rights in the UK is probably fairly safe if it were acquired by birth rather than by naturalisation. Even if Polish citizenship were acquired through naturalisation.
My opinion, nothing more, caveat lector.
Renouncing British citizenship to gain rights in the UK is probably fairly safe if it were acquired by birth rather than by naturalisation. Even if Polish citizenship were acquired through naturalisation.
My opinion, nothing more, caveat lector.
Evidence that if you had not given up your citizenship you would have lost or failed to acquire your current citizenship or nationality
You should send:
- a letter or statement confirming this from the authorities of the country concerned.
http://www.ukba.homeoffice.gov.uk/br...tingdocuments/
Last edited by formula; Feb 15th 2013 at 11:24 am.
#116
Re: Spouse visa
For anyone else reading this who is interested in the UKBA's own Internal Guidance on UK/EEA dual citizenship and UK/Irish dual citizenship, here it is laid out:
http://www.ukba.homeoffice.gov.uk/po.../ecg/eun/eun2/
EUN 2.14, 2.15, and 2.16 are the sections that cover this.
http://www.ukba.homeoffice.gov.uk/po.../ecg/eun/eun2/
EUN 2.14, 2.15, and 2.16 are the sections that cover this.
#117
BE Forum Addict
Joined: Apr 2008
Posts: 2,294
Re: Spouse visa