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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!

Old Dec 31st 2012, 12:57 pm
  #1081  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by formula
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.
Spouses/Partners coming in from most of the Asian Countries have to pass a clearance Xray for TB, before entering the UK. (Phillipines, Burma, Thailand, etc.,)
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Old Dec 31st 2012, 1:09 pm
  #1082  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by dontheturner
Spouses/Partners coming in from most of the Asian Countries have to pass a clearance Xray for TB, before entering the UK. (Phillipines, Burma, Thailand, etc.,)
Yes. That was because the UK had virtually wiped out TB, but TB cases are now on the rise.

Ghostery is going bonkers blocking all the trackers on this website!

Last edited by formula; Dec 31st 2012 at 1:13 pm.
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Old Dec 31st 2012, 1:48 pm
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by formula
Ghostery is going bonkers blocking all the trackers on this website!
You lost me - who is Ghostery? and what ''trackers'' are you referring to?
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Old Dec 31st 2012, 3:42 pm
  #1084  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by dontheturner
You lost me - who is Ghostery? and what ''trackers'' are you referring to?
Ghostery is an ad-blocker or cookie-blocker type software whick tells you what hidden stuff on each web page is. I use Do Not Track, which isn't as in-depth but does get rid of all the ads on BE as well. It definitely makes the site far quicker to load.

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.
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Old Dec 31st 2012, 4:00 pm
  #1085  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by formula
Only 3 countries pay for the EU (put in more than they take out) and the UK is one of them;
Source?
Originally Posted by formula
Other western EU countries are already taking about exiting the euro, so that they don't get dragged down with it.
Which countries?
Originally Posted by formula
The Tories promised an EU vote in their manifesto and haven't delivered yet, hence why UKIP is gaining votes from all parties;
Can you point us to where in their 2010 manifesto the Conservatives promised an EU vote that they haven't delivered on yet?
Originally Posted by formula
and some MPs are defecting to UKIP.
Which MPs have defected to UKIP over the EU since the 2010 election?
Originally Posted by formula
those who applied for a spouse visa before 9 July, still got in on the old easy rules and stay on those old rules until they get citizenship.
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.
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Old Dec 31st 2012, 7:40 pm
  #1086  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by formula
In the 6 and 1/2 years to UK citizenship using the EU route, a lot could happen.
Where did you get this figure of 6 and 1/2 years to UK citizenship under the EU (Singh) route? The UK partner exercises treaty rights in the second EU country for perhaps 6 months while living with the spouse, then they move to the UK. The spouse then has 5 years to ILR (permanent residence) under the EU route, then can apply for citizenship as soon as ILR is granted. That's 5 and 1/2 years--at the most--NOT 6 and 1/2.

Originally Posted by formula
Low skilled EEA citizens have no other choice to get to the UK, than to use the EU route and take that chance. Brits do have a choice if they want to sponsor someone to the UK. As do skilled EEA citizens.
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
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Old Dec 31st 2012, 7:44 pm
  #1087  
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Default 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
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Old Dec 31st 2012, 8:23 pm
  #1088  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by dontheturner
Spouses/Partners coming in from most of the Asian Countries have to pass a clearance Xray for TB, before entering the UK. (Phillipines, Burma, Thailand, etc.,)
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?
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Old Jan 1st 2013, 12:37 am
  #1089  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by roaringmouse
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.
So what if the Tories promised a referendum or not? It's just that - they can ignore any results and they will. And I NEVER see Cameron and his cronies talking about an exit from the EU. UKIP? Don't make me laugh. British counterparts of the Tea Party in the US is all they are. And we see where that lot is headed. formula and all her Euroseptic buddies must have failed their WWII exams. You'll not ever see the UK sitting outside the EU again like sitting ducks, with the next Hitler or Mussolini nipping at it's heels.

Drivel. Utter drivel.
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Old Jan 1st 2013, 7:57 am
  #1090  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by scot47
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 !
Got it in one mate!
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.

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Old Jan 2nd 2013, 1:21 am
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Default 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?
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Old Jan 2nd 2013, 11:29 am
  #1092  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by babsi
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?
I'm just guessing but I think it'd be down to luck if you had dual nationality and were living outside the UK when you applied. If you were lucky you'd get approved. 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.
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Old Jan 3rd 2013, 1:40 pm
  #1093  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by englishguygoinghome
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.
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 (ROI 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.

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Old Jan 3rd 2013, 2:47 pm
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by WEBlue
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.
But interestingly it is listed as specifically OK to exercise treaty rights solely for the purpose of then returning to the UK with a 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 ...
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Old Jan 3rd 2013, 3:34 pm
  #1095  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by englishguygoinghome
But interestingly it is listed as specifically OK to exercise treaty rights solely for the purpose of then returning to the UK with a spouse.
Very true! The more important key seems to be the exercising/working in the (non-UK) EU/EEA country, so I assume that factor trumps the intent (that of eventually bringing the spouse to the UK).

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 ...
Good question.
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