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British citizen living abroad? Non-EEA spouse? This may affect you!

British citizen living abroad? Non-EEA spouse? This may affect you!

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Old Jun 29th 2012, 4:16 am
  #496  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Found the Daily Mail article. Interesting!

Home Secretary Theresa May is doubtless trying her hardest within these meddling statutory confines and legal limitations. She is clearly very much in favour of policies which foster British allegiance, encourage greater integration, and which ensure that immigrants can speak a Year-6 level of English. But her latest proposal to limit the number of non-EU nationals is arbitrary, banal and embarrassing

http://www.dailymail.co.uk/debate/ar...#ixzz1z9VTXKea
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Old Jun 29th 2012, 7:36 am
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

I understand savings over a certain amount will be taken into account, is that right? Granted, most people won't have that amount lying around, I seem to recall circa £64000 if the sponsor didn't earn anything.

Can anyone confim this?

Last edited by gmralston; Jun 29th 2012 at 7:39 am. Reason: typo
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Old Jun 29th 2012, 1:32 pm
  #498  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by gmralston
I understand savings over a certain amount will be taken into account, is that right? Granted, most people won't have that amount lying around, I seem to recall circa £64000 if the sponsor didn't earn anything.

Can anyone confim this?
62.5K I think the figure people have mentioned in this thread.
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Old Jun 29th 2012, 2:45 pm
  #499  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by rebeccajo
Can you provide a link to this discussion?
Sadly not. I only came across it by accident. I've searched that forum using various words but it's a really busy place and there are loads and loads of results. I think I got to it from looking at someone's comment history.

I've also searched the mail and there are a few "news" reports on the subject, but I think it was a columnist who was saying how wrong the idea was.
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Old Jun 29th 2012, 2:49 pm
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Ah. I see something was found.
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Old Jun 29th 2012, 5:21 pm
  #501  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by rebeccajo
Found the Daily Mail article. Interesting!

http://www.dailymail.co.uk/debate/ar...#ixzz1z9VTXKea
Indeed interesting! Thanks for posting this, Rebeccajo.

I've read it over 3X & it still makes me shake my head. What have we come to when the DM calls the new immigration policy "banal & embarrassing"?
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Old Jul 5th 2012, 12:02 am
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by rebeccajo
How many times does someone have to tell you that UNDER THE OLD RULES a non-EEA spouse has no recourse to public funds? They cannot get benefits. It is stamped in their passport on top of the visa.

In the US, I consider this type of selective deafness is attributable to having Fox News turned up loud enough to not only have damaged one's mind, but also one's ears. I'm not sure what your problem is unless you replay Enoch Powell's speeches on youtube over and over and over and over..............
Not so. Under the old rules, if you had two children and wanted to come back to live here with your foreign partner, all you had to do is demonstrate you had £12,000 savings per year to cover the first two years. Of course, anyone who is selling a house prior to moving back would likely be able to demonstrate that, at least once their house sale had gone through. Whether or not your partner then got ILR or no recourse to public funds visa depended on how long you had been married. So if less than 2 years, the partner couldn't get ILR.

What's more, it is the British spouse who is claiming the benefits, not the foreign spouse. So, provided the foreign spouse enters on a settlement visa, the British spouse just claims for both themselves and their spouse in the claim.

Even now, a British person seeking to bring their non EEA national spouse back to Britain can avoid all these income/asset checks and simply go and live in an EEA country for a year, then come back under the rules applying to EEA nationals. that is, no income checks, no assets checks, and ILR for the spouse on arrival in the UK, provided they have obtained an EEA family permit first.

There are heaps of places in Europe, whole countries in some cases, where it is much cheaper to live than in Britain. Where $100 a week is more than enough to live on and rent the kind of place where the locals would live. Romania, for starters. Some parts of Poland, Slovakia. Even Spain is a fairly cheap place to live compared to Britain.

Last edited by Deb568; Jul 5th 2012 at 12:04 am. Reason: typos
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Old Jul 5th 2012, 12:07 am
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by nun
Being British should be the only requirement to live in the UK with your immediate family. Any other criteria is un-British and deeply offensive in the way it intrudes into a UK citizen's personal life.
Yes, I couldn't agree more. And if they are so worried about the benefits situation, why not just have a blanket restriction on people returning, e.g. no benefits claims for 12 months if you have been away for more than 12 months, or three years, say, if you have never made any NI contributions. At least then people planning to move back would have to make an effort to save up for a rainy day, in case they couldn't get a job/make enough from being self employed once they get back here.
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Old Jul 5th 2012, 11:42 am
  #504  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by Deb568
Even now, a British person seeking to bring their non EEA national spouse back to Britain can avoid all these income/asset checks and simply go and live in an EEA country for a year, then come back under the rules applying to EEA nationals. that is, no income checks, no assets checks, and ILR for the spouse on arrival in the UK, provided they have obtained an EEA family permit first.

There are heaps of places in Europe, whole countries in some cases, where it is much cheaper to live than in Britain. Where $100 a week is more than enough to live on and rent the kind of place where the locals would live. Romania, for starters. Some parts of Poland, Slovakia. Even Spain is a fairly cheap place to live compared to Britain.
You make this sound pretty simple, Deb. But I think for many of us feeling a pull to move back to the UK, uprooting the family to move to an EU country first for a year is not really an acceptable way to go. Wouldn't it be difficult to find a job if you didn't speak the language (Polish, Slovakian, Spanish, etc.). What about children needing to go to school & also not knowing the language? A family homesick for their old life in the UK would end up putting themselves through a possible financial & emotional wringer.

Or are you suggesting a sort of year-long family holiday? Have you planned such a thing? Curious as to how you see it working out in reality??
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Old Jul 5th 2012, 3:46 pm
  #505  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by WEBlue
You make this sound pretty simple, Deb. But I think for many of us feeling a pull to move back to the UK, uprooting the family to move to an EU country first for a year is not really an acceptable way to go. Wouldn't it be difficult to find a job if you didn't speak the language (Polish, Slovakian, Spanish, etc.). What about children needing to go to school & also not knowing the language? A family homesick for their old life in the UK would end up putting themselves through a possible financial & emotional wringer.

Or are you suggesting a sort of year-long family holiday? Have you planned such a thing? Curious as to how you see it working out in reality??
We are all different. I don't have that much of a big pull to the UK, I would be more than happy living in Europe but being a lot closer than I am now. Flights a lot cheaper, can go more, less time on the plane.

But as always where do you start?
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Old Jul 5th 2012, 4:15 pm
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by babsi
We are all different. I don't have that much of a big pull to the UK, I would be more than happy living in Europe but being a lot closer than I am now. Flights a lot cheaper, can go more, less time on the plane.

But as always where do you start?
The sad thing though, is that for many, doing a year in Europe first - at great disruption to their careers, children's education and social lives - may be their only viable option.

It's disgusting that such a huge and outlandish plan is actually one of the more likely ways to get back home.
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Old Jul 5th 2012, 4:34 pm
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by Deb568

Even now, a British person seeking to bring their non EEA national spouse back to Britain can avoid all these income/asset checks and simply go and live in an EEA country for a year, then come back under the rules applying to EEA nationals. that is, no income checks, no assets checks, and ILR for the spouse on arrival in the UK, provided they have obtained an EEA family permit first.
I am missing something here, how does a non EEA national become an EEA national in just one year? It doesn't sound right. How does this work exactly?
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Old Jul 6th 2012, 3:08 am
  #508  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by gmralston
I am missing something here, how does a non EEA national become an EEA national in just one year? It doesn't sound right. How does this work exactly?
EU freedom of movement, you can bring your spouse over to a EU country, free and after x time, 6 or 12 months, can't remember, you can get a family permit, which allows you to move around the EU, including the UK.

That's basically very simplified version of things.
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Old Jul 6th 2012, 8:17 am
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

[QUOTE=Deb568;10155172]Not so. Under the old rules, if you had two children and wanted to come back to live here with your foreign partner, all you had to do is demonstrate you had £12,000 savings per year to cover the first two years. Of course, anyone who is selling a house prior to moving back would likely be able to demonstrate that, at least once their house sale had gone through. Whether or not your partner then got ILR or no recourse to public funds visa depended on how long you had been married. So if less than 2 years, the partner couldn't get ILR.

What's more, it is the British spouse who is claiming the benefits, not the foreign spouse. So, provided the foreign spouse enters on a settlement visa, the British spouse just claims for both themselves and their spouse in the claim.

Even now, a British person seeking to bring their non EEA national spouse back to Britain can avoid all these income/asset checks and simply go and live in an EEA country for a year, then come back under the rules applying to EEA nationals. that is, no income checks, no assets checks, and ILR for the spouse on arrival in the UK, provided they have obtained an EEA family permit first.

There are heaps of places in Europe, whole countries in some cases, where it is much cheaper to live than in Britain. Where $100 a week is more than enough to live on and rent the kind of place where the locals would live. Romania, for starters. Some parts of Poland, Slovakia. Even Spain is a fairly cheap place to live compared to Britain.[/QUOT
Just to be clear not ILR on arrival but Permanent residence after 5 years and the brits cit must exercising treaty rights in EEA
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Old Jul 6th 2012, 1:03 pm
  #510  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by pennylessinindia
Just to be clear not ILR on arrival but Permanent residence after 5 years and the brits cit must exercising treaty rights in EEA
"Exercising treaty rights" in the EEA country means working for someone else, running one's own business, or attending an educational course, isn't this correct? So perhaps taking a long family holiday in the EEA country is NOT the way to do it . . . . Hence my previous question which still needs answering--how easy is it to get a job in a low cost-of-living EEA country if one has minimal knowledge of the local language? And would any children be required to attend the local school in the local language?

It strikes me this "solution" Deb has suggested would require a LOT of careful planning to undertake, not the least of which would mean the whole family should learn the language of the EEA country. Even if you're only there for 6 or 12 months before migrating to the UK, bad things can happen if you don't speak at least some of the local lingo.
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