rebeccajo

I do not wish to be unfair here. But I feel I need to point out something. It may be of no use to you - now - but it may help future readers to this community.

Before I respond to a poster I am not familiar with, I usually go back through some of their old posts. This helps me figure out where their question comes from, so to speak. I see that you have been planning to move back to the UK for some time now - perhaps a year or longer. Is there any reason you did not look into the requirements before now?

You said this:

"I feel like I am having to go through an immigration process for my own country just to live with my wife and give my son a better future."

You must have realized there would be a "process" - so wouldn't it have been wise to familiarize yourself with it when you first began your planning?

Your wife is not from the UK. She is not a citizen. Just as I am not a citizen to my husband's country. Neither I or your wife get carte blance to live in places we aren't native too. It is "life" for couples of mixed nationality. And those of us in those relationships can not just make plans without looking into rules and regulations. This is part of figuring out how to have a better future - for people like us.

Pulaski

Point taken, so maybe I should have said: ".... The rules, though brutal, are intended to minimise the risk that your wife will become stranded in the UK with no access to public assistance. ...."

alfista1

I am sure we'll be coming together. Latin families are very close indeed. We will minimise the time we have apart as much as possible.
We will be looking for a place near my parents house in Lichfield and look for work in Birmingham or surrounding areas.
She'll probably come as a visitor while I find a job then return to Uruguay to sort her visa out.

In fact the cost of living in Uruguay is higher than UK but salaries significantly lower. When I visit my parents in the UK I am always surprised at the low cost of daily items such as food and clothes. I usually fill my suitcase up with clothes and shoes. I have such a great time in the supermarket buying all my missed food items. Toiletries are so much cheaper also.
Our petrol in Uruguay is even higher.

Uruguay is known to be a tax hell. New cars will be on average 3 times more and used cars forget it, 6000 pounds for a 15 year old Citroen saxo.
I have a 25 year old alfa 33. 10,000 USD! (could buy ten of those in UK)

Pulaski

Don't give us the "Latin families are special" cräp. Family is family in many parts of the world, but doing it your way is going to cost you, and make things difficult in other ways; multiple moves, multiple airline tickets, the risk of your wife being turned away as a visitor by UK immigration, potential long commute in the UK, living apart from your wife and child within the UK, etc.

alfista1

I have friends here who have Italian passports and have taken their Uruguayan wives to the UK and the financial restrictions do not apply for the visa process!!
A rather large loop whole in the system that penalizes the UK citizens!!

Tr1boy

Stop whining and start doing. Whining doesn't fix your situation however unfair it might be. Nothing gets stuff done like doing stuff does.

fuchs01

Just a thought...maybe a compromise. I presume you and your child, can speak Spanish, obviously its your wifes first language.
A Uruguayan national can claim for a 3 month residence with no visa ties, to enter
Spain.If you have the finances to support you for that time, you could look for employment in Spain.whatever your field of work is obviously you need a reasonable income.

Although there maybe alot of ifs and buts, it is possible for your spouse then to
extend the residence permit.
The other idea use this possibilty, to test the water for those 3 months to see if your
spouse feels she would be comfortable in a European country.
Yes like anywhere else you need some good fortune to find a satisfying job, but it is
another possibilty.
It is just a thought/idea I am putting on the table, what the end realities are depend on
your own research and how it works with the Spanish gov.admin

SanDiegogirl

..... but if your Italian friends tried to take their foreign spouses to Italy, they would have to comply with Italian immigration rules.

By going to the UK they entered under EU rules, not UK immigration.

Its not the UK immigration rules that are "unfair" (try getting into the US!) its the "anyone can go anywhere in the EU" rules that are nonsensical.

rebeccajo

I happen to think that US immigration rules (for family at least) are quite a bit more fair than the present UK rules.

BritInParis

Does your wife have any European ancestry? If so why not investigate whether she's eligible for an EEA passport?

fuchs01

I find them quite accomodating, its not just oneway street, many expats, lifes
have been made easier. Viva the EU sans frontier.
Because of the title headings of scaremongering over new EU members, some people
forget that expats of Uk and other EU nations, reside in fellow EU countries.
Some have bought property, started businesses, and not all went to the richer countries.Czech republic, Poland, Hungary, Rumanian,Estonia..etc...etc

alfista1

Some European ancestry yes as most of Uruguay was populated with Europeans. But as it was some generations ago, they have put a stop on them claiming otherwise 95% would have EU passports.

Her sister who is married to an Uruguayan with Italian passport can go to the UK with no issues as the requirements for Italy are much less strict. Kind of ironic I being British, find it harder to take my wife to UK then her brother in law who has no connection to UK.
Not whining, just stating a fact that the EU have Border controls that make no sense whatsover with loop holes and that need a reform or at least some consistency between EU members.

If I can't find a job from here then yes I will most likely go over alone to sort things out.
Yes too risky for her to get denied access as a tourist, it will look suspicious her coming in with me, and my son with Uruguayan/British citizenship and the mother with nothing.

alfista1

one doubt:

The second point is still required if I have secured a job in the UK? I certainly hope not as I would never make this amount of money in Uruguay!!

1) Only salaried employment related to the British citizen will be taken into account.
2) You have earned the equivalent of £18,600 (or more if required) per annum for the past 6 months
3) You have a guaranteed offer of a job in UK with an annual salary of at least £18,600 (or more if required) which will start within 3 months of your return to the UK

BritInParis

You'll be surprised how far back you can go. Italian citizenship especially.

£18,600 for the last six months whether it's in Uruguay or the UK. So if you can't earn that much in Uruguay before you go then you'll have to work for six months in the UK first.

Alternatively you could all go to Spain for six months first and go down the Surinder Singh route.

alfista1

ok that complicates the matter even more.
My son was due to start primary school in Sep 2014. I didn't want him to start here and then remove him to go to the UK.

can't imagine living without him for 6 months!
My wife has Uruguayan friends in Spain and Italy so we'll work something out while I have to do the ridiculous 6 months sentence!
Maybe while I'm working those 6 months in UK she can travel around between Italy, Spain and visiting me each month.

I don't fully understand the rental income.
If we have an income of 430 pounds a month how would this affect the requirements?