rebeccajo

Well, that is £5160 per year.

You could supplement it with savings. But you would still need a savings offset of £49600 in savings......is that possible?

alfista1

can that be subtracted from the 18,600 a year job?

18,600 - 5160 = 13,440

Or does it not work like that?



I also keep seeing this 10 year route:

http://www.ukba.homeoffice.gov.uk/si...oi-fam-mig.pdf


14.
If an applicant cannot make an application for the five year route (e.g. because they
cannot meet the rules on switching between migration routes in the UK), they can still
make an application under the family Immigration Rules, on the correct application form
and paying the relevant application fee, and be granted leave if they can establish an
Article 8 claim under the rules, e.g. on the basis of a child’s best interests. As they
cannot meet the requirements of the five year family route, they will have a longer route
to settlement: 10 years (granted in four periods of 30 months, with a fifth application for
indefinite leave to remain)

fuchs01

Just repeating my previous post, and endorsing britinparis' last Post why not try
the Spanish route, but not for you to go to the UK to try and find employment, but
see if there are job opportunities for you in Spain.

You said your son has just reached school age, MUST his first few years be in Uk.??
If not but you still desire to end up in the UK, you could do a couple of years in spain
then move later to UK.
This way you wouldnt need to split the family. Dont take lightly your wifes feelings on this. SHE MIGHT NOT BE ABLE to imagine being away from you and your son.Compare what the opportunities are with your chosen job speck, between Spain and UK.
Again it was just a thought.

rebeccajo

Oh.....well yes it could "work like that" as far as a job. But I'm not sure how you are going to do it. Are you asking about using the rental as income combined with your earnings in Uruguay? You can't do that if you've been living in the apartment. In other words, you can't take present earnings and add it to a future income stream..................

That 10 year route is a Zambrano application. Good luck with that one!

alfista1

I see a lot of posts/articles about this now.

http://www.telegraph.co.uk/women/mot...ies-apart.html
https://www.facebook.com/UniteFamiliesFightForLove

So what do couples do if they don't want to be apart for the entire 6 months but are determined or have no choice but to return to the UK?

rebeccajo

There's been a lot about this out there for a long time. These rules came into effect about 1.5 years ago. And the Home Office had consultations (and loads of hoopla in the press) about it for a good year before that.

In other words, you are a little behind in your learning curve.

People rarely go about it any other way if a determination not to be separated is the only ..........how do I put this.........determining factor. People who are desperate - who have no hope of ever earning £18600 - go to another European country and live and work there for a few months, then come back to the UK requesting residency under EU case law colloquially called "Surinder Singh". And you will be dismayed (I am sure) to learn that January 1, 2014, the Home Office just put up some new criteria making it tougher for applicants to enter the UK on a Singh claim.

alfista1

Yep I am certainly behind

I think we will all go together as a family to visit my parents on a long vacation. I will look for work if I haven't found anything by then, start work, my wife will return to Uruguay before her tourist visa finishes and then we can work out the papers for her to return.

I haven't applied for my son's British passport yet. Might be better if we do that from the UK. He'll enter as an Uruguayan as my wife will on a visitor visa. Have to check that further. Applying from overseas was fairly straightforward though.

We have funds for travelling and were planning to travel back a couple of times a year anyway due to her family, parents being very old etc.

I will also look into the Surinder Singh route if it only requires 3 months of working.
What about Dublin?

BritInParis

It's usually six months for Surinder Singh. With the new rules this month stating that you must have "transferred the centre of your life" to the EEA country in question this could potentially increase or be done away almost all together as a 'loophole' depending on the interpretation.

http://www.legislation.gov.uk/uksi/2...0133032_en.pdf
(See Regulation 9)

http://www.legislation.gov.uk/uksi/2...0133032_en.pdf
(See Part D)

"These changes have been made to ensure that there has been a genuine and effective use of free movement rights in the other member State before such rights may apply by analogy upon return to the UK. The Singh judgment sought to prevent a possible deterrent to the exercise of free movement rights; such a deterrent can only occur if the British citizen intends to exercise rights genuinely and effectively in another member State. This paragraph will also have the effect of preventing abuse by those British citizens who move temporarily to another member State in order to circumvent the requirements of the usual immigration rules for their family members upon return to the UK."


Some links in regards to your son's British citizenship.

https://www.gov.uk/register-a-birth

https://www.gov.uk/overseas-passports

rebeccajo

BUT there is also a FOIA out there that indicates a reluctance on the part of the Home Office to stipulate a time frame. And there's a case pending (for which the Advocate General has already written her opinion) which may define this more clearly.

I saw a slap-down on a Singh case last week for a couple returning from OUTSIDE THE EU. The Brit Cit husband had good full time employment for four months in Ireland and they got denied on the "centre of life" stuff. Now - one would think that someone coming from as far away as outside the EU would be slam dunked on centre of life. After all, they didn't just cross the border into Ireland and leave a council house sitting behind somewhere in the UK, waiting for them to come back some day. But - on the other hand - how normal is it for someone to do a "side stop" when moving back to the UK from outside the EU. Not normal at all, really. It looks (to me and I'm just speculating) that this could have been viewed as someone trying to use Singh solely to circumvent the UK rules.

BritInParis

I'm about to attempt a Surinder Singh application myself for my better half. Our circumstances are not usual however and with the toughening up of the rules I'm not as hopeful as I was.

alfista1

How will you go about this? Where to and how is it done?

rebeccajo

I hope it goes OK for you.

Tr1boy

Is this possible? I didn't think you could change status from a visitor so something else from within the UK, but it maybe different in this case?

ncoomber

Hi alfista,
I just received Brit passports for my 3 USA born kids. The process was smooth and very fast.

You are far from alone with your frustration about the spouse visa thing. I am planning on moving back this summer with a USC wife. This forum is a life saver in sorting through it all. But the mood here seems to be that there is not much we can do about the system and we just have to play along as best we can.

Search around some threads because I have read warnings about taking your non uk wife over as a visitor - she might not be allowed in - they may think your are going around the spouse visa process?

Cheers,
Nigel

WEBlue

No no, the Singh Route never required "ONLY 3 months of working" in the EU country. Most reputable advisors would have said you need at least 6 months living and working in the EU country with the non-EEA spouse under the old rules of Singh, as BritinParis notes.

There WERE some couples & families who were approved entry for settlement in the UK after having spent less than 6 months, but it was never a guaranteed thing.

And now it's much LESS guaranteed. Nobody knows for sure how long the "proper" time period is. So put 3 months out of your mind--even 6 months is most likely too little time for Singh now. As AngelaV mentioned in her thread on her experience of the Singh Route, Surinder Singh himself lived and worked for two years in the EU country (Germany I believe) before moving to the UK.

At this point, we just don't know how long one must live & work in whatever European country one chooses. It's really all up in the air until more Singh Route couples & families have successfully managed to move to the UK.

AngelaV has a long thread on it here on this board, but keep in mind the rules have changed VERY recently, and most people on that thread who made it safely back to the UK did so under the OLD rules.

http://britishexpats.com/forum/showthread.php?t=804420

There's also a very active FaceBook group. Angela gives many good and informative links on the thread. I would urge you to read through the whole thread carefully (and all the links as well), remembering that things (as always in immigration!) have changed since the thread began. However, even with the change in the Singh rules, that thread is a gold mine of information.

You need to do a lot of research if you're even considering this route, Alfista. The recent changes in Singh rules means even people very knowledgeable about immigration don't know what's going to work and what's not.