Ley

I wish I had known about the SS route (expat forum is a fantastic network so much information and I have learnt so much..... .Thank you everyone and keep posting your knowledge ,information,questions and experiences with everyone.

I am Australian and my husband British. We have 3 children all British. I have lived in Spain since 1994. I have had Visa issues since I have been with my husband,we travelled and worked in the far East and he leaves all the visa research to me. He will read all the documents,sign and provide information needed. I can't ask more but it is frustrating and I think I messed my visa and it costed us as we paid for my spouse visa for UK. It has been approved ,stamped on my passport and will expire in Nov 2015.


We will not be moving to UK for some time mainly for the children ,all in Private education and my eldest will be sitting for A -levels next year. I am worried when it comes to apply for my next stage of spouse visa .... I haven't lived long enough in UK and my husband will not be working in UK. We will not have 5 required documents to prove we live there etc. The plan was to stay with our in-laws as stated on my visa application. We have a joint bank acc n TV sky acc in our names.


He wants to continue his business in Spain ,our main source of income.


One of the reasons for me to have my visa is when the children are at University in UK . I have the freedom to live there and not have the hassle to tget a visa every time I enter UK. I do enjoy being in Uk with our family and friends and spend all our summer n christmas holidays there. Also I would like to work there n am allowed to with my SP visa.

My Question

I feel going the SS route is a better option and not expensive ( no visa fees) but can I apply on the SS route now ? I have got my Spouse Visa under the new rules.

Correct me if I am wrong it appears less stressful and a easier option . To apply for the family permit then Resident Card which allows me to live in UK as a spouse of a UKC . My husband has a successful business in Spain so we can provide all the documents needed and I hold Spanish residence as well. We have private medical as well.

I don't know , need advise and help !!! I think to avoid the second stage of my SP visa it will be less stressful and not so complicated with our financial side. My husband wont be working in Uk. All of our income is from Spain . He is a accountant and has a account /service company.

Many thanks for reading my post . Shall or can I switch to SS route ? I need any help ,suggestions ,comments very much appreciated .

holly_1948

Since you have lived many years in Spain then is it not an option to acquire Spanish citizenship? Which would then allow you to live in the UK visa free.

englishguygoinghome

With SS you need to be travelling with your husband, or he needs to be in the UK already whenever you cross the border until you get a residence permit.

For the spouse visa your husband also needs to be returning to the UK to settle in order to sponsor you.

If you have a valid visa then I wouldn't rock the boat right now. You can always try the Singh route in a couple of years if it makes more sense at the time. Unless you are looking to get UK citizenship ASAP. In which case I'd stick with what you have rather than resetting the clock.

pennylessinindia

If you recently applied for the spouse visa and had no intention of returning to the UK what did you tell them when you applied. If you do not travel to the UK for sometime to settle there may be questions ask when you finally do travel.

WEBlue

Hmm, this is confusing. So you applied for the spouse visa (& it was approved) but you're not certain you and your husband want to settle in the UK at all...but rather you may want to make visits only?

The spouse visa is meant for settling permanently in the UK, and the spouse visa pathway to ILR and British citizenship depends on BOTH the UKcitizen and the non-EU/EEA citizen living together in a UK home with adequate income/savings, in order to successfully apply for the next FLR visa in 2.5 years.

If you and your husband are going to live together at a UK address for the next 2.5 years...then yes, you have full right to work in the UK, and your earnings can be counted to meet the FLR requirements when you apply for that. (The financial threshold and money rules are exactly the same as for the entry clearance spouse visa you applied for outside the UK, but once legally settled in the UK the non-EEA spouse's income can then be used to meet the next FLR visa requirement.)

But if you and your husband are NOT going to settle and live full-time in the UK, that could be a big problem. I don't know the legalities of abandoning your spouse visa and switching to the Singh Route. You may need the advice of a qualified, competant immigration advisor who knows the ins & outs of both the UK & the EU pathways.

This UKBA page has suggestions for finding qualified & regulated immigration advisors in the UK. Click on 'Where Can You Get Advice?' for info on the OISC & its regulated immigration advisors.
http://www.ukba.homeoffice.gov.uk/vi...l-info/advice/

JustinSB

The UKBA website has a complete case study on "European Casework Instructions" which is available here:

http://www.ukba.homeoffice.gov.uk/si...cyandlaw/ecis/

They have also recently updated the "modernised guidance for UK Border Agency staff on EEA nationals, Swiss nationals and EC association agreements (Last Updated: 11 April 2013)", which is available here:

http://www.ukba.homeoffice.gov.uk/si...-eea-swiss-ec/

Chapter 5 of the "European Casework Instructions" explains pretty much everything in the 8 or 9 pages & appears to be compulsive reading.

It is also interesting to note that the UKBA website gives information on where to get advice, available here:

http://www.ukba.homeoffice.gov.uk/vi...l-info/advice/

which links to "The Office of the Immigration Services Commissioner (OISC)", who is responsible for regulating immigration advisers. They have a good page on how to find a regulated advisor, here:

http://oisc.homeoffice.gov.uk/how_to...ation_adviser/

If you go through this list, you will find that the entire "list of Not For Profit Regulated Immigration Advisers" (ie free) is a list a every Citizens Advice office across the country!

The way Citizens Advice works is that you "drop in", have a quick chat to explain your situation, then they arrange a time for you to come in for an "in depth" meeting with someone who had researched around your case. My in depth meeting is straight after the weekend, so I will report back with all the info I get.

From reading the stuff from the links above though, there doesn't appear to be a time limit on how long a UK citizen would have to "follow their treaty rights" somewhere else in Europe before they can apply for an EEA Family Permit & get their spouse over.

Hopefully this should give us all a better idea of which European laws we need to follow...

Ley

I have looked at applying for Spanish citizen , it is so difficult if you don't speak Spanish fluently. The life test is done in Spanish. My Spanish is fairly good not sure if I can go through the process. Looks very complicated.

Ley

Thanks for your advice.
Yes I know ,read the rules and compared with SIngh Route .I don't have to pay any fees and will be able to apply for resident card for 5 years. With spouse visa after 2.5 years I have to extend for another 2.5 years and pay for the visa etc. if we r not working in UK and living on our savings ,it is difficult . With SIngh route my husband does not have to show any financial documents . I rang the UKBA and was told it is ok to switch from Spouse visa to EEA family permit. We have to think and plan our move wisely .i have to wait till my daughter finishes her A levels . Can't move her in the middle of her A levels.

holly_1948

I'm sure there are (relatively inexpensive) professional coaches who will "teach to the test" and inspire you with confidence so you can qualify in this way. This is surely the cheapest / easiest option for you. Given the present unemployment in Spain there must be lots of people with formal qualifications in español keen to make a few euros. Even if you live where other Spanish languages are everyday (Cataluña, País Vasco etc).

Which city is Spain do you live in or near?

Ley

Thanks for the encouragement, I do speak Spanish . I have a few friends who had to go for the test and its difficult.. I hope I will be able to pass the test as I do know a lot about Spain and having extra lessons will help. I was told it takes 3 to 4 years to get a Spanish passport .I have 2 friends who applied 3 years ago just got confirmation that they are getting Spanish Passport. I live in Malaga. Beautiful part of Spain. I know my children will end up living in UK or Australia . Being Australian I have no problem living in Australia . UK visa needs sorting for future home . I want to be near my kids.

idwal

Hi all!

I'm an UK citizen who is intending on bringing my Brazilian wife and my son back into the UK through the Surinder Singh route. I'm currently in the UK while she and my son (who has a Brazilian passport but who is also eligible for an UK passport) are in Brazil.

My plan is to bring them into France, find work there, apply for the EEA Family permit and then after 3-6 months return to the UK. Just some questions about this-

1. Do I need to arrive in France on the same flight as my wife and child? o'r can I come in from the UK on the same day they arrive in France and meet them there?

2. She would be coming in on a tourist visa (which lasts for 3 months). Is this the best visa for her to come in on? I've heard that non-EEA spouses need to apply for a residence card when they arrive in the EEA. By coming in on a tourist visa would she be able to apply for a Residence card?

3. How much time before leaving France for the UK should we apply for the EEA Family permit?

4. From what I've been reading on this forum most people are saying that its best to work for about 6 months in the EEA country before going to the UK. If I did try going back there after 3 months, would we still have a good chance of getting into the UK?

5. I'm planning on re-entering the UK via Ferry. Is this the best route to get back into the UK when using the Surinder Singh route?

Any help would be greatly appreciated. Thanks very much.

holly_1948

A lot of these questions belong in the France forum, not the UK forum.

Your wife doesn't possibly have a Portuguese grandparent? Giving her citizenship by descent.

englishguygoinghome

Common to all countries are the EU directives: so that she should get the permit quickly, free of charge and with minimum paperwork sent in; you need to be intending to relocate to work or seek work and must either arrive with her or already be in France when she arrives until such time as she gets her residence status (so while she is entering on a visa)

kisuma

Many thanks for the information on these pages it is very helpfull.....I have some questions that perhaps someone can answer for me please
I am a pensioner of 69 who is married to a Russian national who i have been with for over four years and married to for two years. I get the uk pension of 113 pounds per week plus pension credit giving me a total of 140 pounds per week......... Does being a pensioner preclude me from using surinder/s?
I have been self employed for most of my life as an antiques dealer, i still buy and sell on the internet. This supplements my income. I signed off regarding the inland revenue when i turned 65.
I am quite prepared to work in europe for a few months, if this gets us entry to the uk......Many Thanks......Kisuma.

englishguygoinghome

If you can't get an answer on the forum (or even if you do) think abotu using this service to get a formal reply which you can really count on (and it's free!)
http://europa.eu/youreurope/citizens/help/index_en.htm