British citizen living abroad? Non-EEA spouse? This may affect you!
#1081
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Many people work more than 50 hours a week on a fixed wage; no overtime. The UK never signed up to those EU laws and it is easy to waive those "rights".
I do accept however, that there may have to be other changes. The habitual residentce test may change; and maybe access to the NHS too i.e. medicals before a visa, such as countries like Australia and Canada have to protect their health systems.
I do accept however, that there may have to be other changes. The habitual residentce test may change; and maybe access to the NHS too i.e. medicals before a visa, such as countries like Australia and Canada have to protect their health systems.
#1082
BE Forum Addict
Joined: Apr 2008
Posts: 2,294
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Ghostery is going bonkers blocking all the trackers on this website!
Last edited by formula; Dec 31st 2012 at 1:13 pm.
#1084
Account Closed
Joined: Jul 2007
Posts: 26,319
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Trackers are tracking cookies that tell the company using them what kinds of things you look at so they can push the relevant ads to those viewing similar items.
#1085
BE Forum Addict
Joined: Dec 2008
Posts: 3,396
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
#1086
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Utter tosh! The new UK spouse visa rules are forcing some UK/US couples to go the EU route in order to live in the UK partner's own home country! Not much 'choice' about it.
Last edited by WEBlue; Dec 31st 2012 at 7:49 pm. Reason: Mis-typed
#1087
Just Joined
Joined: Dec 2012
Posts: 1
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Hi
I am an Indian citizen who just came back to India in July 2012 after 5 years.
During my stay in the UK i fell in love with an Indian girl who was on a discretionary leave for last 8-9 years and she has applied for an indefinite leave in September 2012 to stay in the UK.
She prior was married to a British citizen but their relationship ended and she was given a discretionary leave to remain in the UK which has been extended twice since 2004.
We were together for more than 3 years in the UK and we used to live together as well for past 1 year.
Now my question is when she gets her indefinite leave is it possible for her to come to India immediately and get married to me and based on that can i come and stay with her in the UK.
She earns more than £20000 a year and has more than £7000 saving.
Would there be a possibility where UKBA might refuse our application even after submitting all the proper documents.
I am very concerned as i really love her and its been hard on both of us.
We have all the documents that prove that it is a genuine case.
Would you suggest anything else that might help us make our case a bit stronger.
Please it would be great if you can help us in this matter.
Regards
Darshan
I am an Indian citizen who just came back to India in July 2012 after 5 years.
During my stay in the UK i fell in love with an Indian girl who was on a discretionary leave for last 8-9 years and she has applied for an indefinite leave in September 2012 to stay in the UK.
She prior was married to a British citizen but their relationship ended and she was given a discretionary leave to remain in the UK which has been extended twice since 2004.
We were together for more than 3 years in the UK and we used to live together as well for past 1 year.
Now my question is when she gets her indefinite leave is it possible for her to come to India immediately and get married to me and based on that can i come and stay with her in the UK.
She earns more than £20000 a year and has more than £7000 saving.
Would there be a possibility where UKBA might refuse our application even after submitting all the proper documents.
I am very concerned as i really love her and its been hard on both of us.
We have all the documents that prove that it is a genuine case.
Would you suggest anything else that might help us make our case a bit stronger.
Please it would be great if you can help us in this matter.
Regards
Darshan
#1088
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Twelve years ago we entered the UK from the Bahamas and my husband had to have an X-ray to check for TB. So maybe other countries are still checked?
#1089
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Source?Which countries?Can you point us to where in their 2010 manifesto the Conservatives promised an EU vote that they haven't delivered on yet?Which MPs have defected to UKIP over the EU since the 2010 election?I'll ignore this one for now, as attempting to get information to back up what you say generally goes nowhere, as you either ignore someone asking for it or you deflect from those questions, therefore negating what you say.
Drivel. Utter drivel.
#1090
Forum Regular
Joined: Sep 2009
Location: Edmonton, Alberta
Posts: 141
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
It is not fashionable to say it but we have been living through the "Managed Decline" of an industrial economy. Deindustrialisation and loss of guaranteed markets has reduced Britain to a 3rd rate power. That is reflected in the increasingly woeful position of thoise at the bottom end of the labour market !
Not just the UK, vast amount of Canada's manufacturing base has been offshored.
The only thing holding it together here Is oil and gas and mining.
Last edited by Linotype; Jan 1st 2013 at 8:00 am.
#1091
BE Enthusiast
Joined: Nov 2003
Posts: 604
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
When I had my medicals for Canadian PR, I had a x-ray for TB.
But then this is Canada where they make life as difficult as possible. Currently renewing my PR cardand the forms I have to get together to renew the card are an absolute joke, tax returns for the last 5 years, photocopies of every page of my passport (it even says that stamps have to be translated if they aren't in English or French) etc etc
Sorry just venting, with the rules we will never go back if these rules stay. I work freelance and earn nowhere near the 18,600 required, my husband earns a lot more than me. And it would be too risky to try and go back and get a job as I have no family support and not prepared to leave my son.
Just playing devil's advocate here, if I somehow got an other EU citizenship. Could I use that to move back? Or does the UK override that?
But then this is Canada where they make life as difficult as possible. Currently renewing my PR cardand the forms I have to get together to renew the card are an absolute joke, tax returns for the last 5 years, photocopies of every page of my passport (it even says that stamps have to be translated if they aren't in English or French) etc etc
Sorry just venting, with the rules we will never go back if these rules stay. I work freelance and earn nowhere near the 18,600 required, my husband earns a lot more than me. And it would be too risky to try and go back and get a job as I have no family support and not prepared to leave my son.
Just playing devil's advocate here, if I somehow got an other EU citizenship. Could I use that to move back? Or does the UK override that?
#1092
BE Enthusiast
Joined: Feb 2012
Posts: 837
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
I doubt you are interested in becoming a famous appealant to the EU courts tho so would suggest going via another EU country on the Singh route.
#1093
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
You'd probably be unlucky though and the UKBA would most likely cite the recent McCarthy ruling by the European Courts. In that case a Brit Cit who had spent all their life living in the UK obtained dual Irish citizenship and tried to get a EEA permit for a husband which was refused - the European courts ruled that she could only rely on the alternative citizenship if she had exercised her treaty rights. As alayman I read the wording such that it leaves a few cases unanswered which may make interesting appeals - firstly yours: a dual national living outside the EU; secondly the EU dual national living in one country where they are a national and looking to go the the other; thridly the EU national who has exercised trety rights in the past but is not exercising them at the moment.
I doubt you are interested in becoming a famous appealant to the EU courts tho so would suggest going via another EU country on the Singh route.
I doubt you are interested in becoming a famous appealant to the EU courts tho so would suggest going via another EU country on the Singh route.
Last edited by WEBlue; Jan 3rd 2013 at 2:54 pm. Reason: Too early, mislabelled a country
#1094
BE Enthusiast
Joined: Feb 2012
Posts: 837
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Yes, the McCarthy ruling seems to have closed the door on the "hidden benefit" of a dual UK/EU citizen, that of being able to bring a non-EEA/EU spouse into the UK under EU rules. McCarthy had never used her EU citizenship (RIO citizenship) for anything else--certainly not for working (exercising treaty rights) anywhere in the EU. In fact, I'm sure I read that she didn't apply for her Irish passport until she married her non-EU spouse. So that's considered a non-no, it seems, using the EU citizenship ONLY for the purpose of bringing in the non-EU spouse.
I'd like to know what happens when a dual Irish/British Citizen who lives in Ireland tries to use the EU route - the wording of McCarthy would seem to rule that out; just as it would the dual Irish/Brit living in the US ...
#1095
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
I'd like to know what happens when a dual Irish/British Citizen who lives in Ireland tries to use the EU route - the wording of McCarthy would seem to rule that out; just as it would the dual Irish/Brit living in the US ...