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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 Oct 13th 2012, 7:15 pm
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by callowman
I had to call the 900 number - and talk really fast to get some answers before my credit card maxed out its 3 bucks a minute

after you get the visa they told me 24 months to use it.
wife -non eu - need 18k Pounds in the bank -dont matter what bank or where it is

add on non EU children and then it starts to get beyond the realm of normal people savings- you could end up needing over 60k

All our money was tied up in the house which of course has now vanished so its savings time.
and Im lucky- myself and kids have brit passports just the 1 Yank wife- I feel for someone who has foreign spouise AND kids

we really have been thrown under the bus by OUR government- i DO understand why they did it- newcomers claiming benefits and using the NHS without putting a penny in -I get that - for Inidia/pakistan arranged marriages and africans etc but what about all the eastern europeans thanks to the EU?

and should there not be a clause if you been married or more than a certain amount of years (15 for me) that the money thing dont count?
Hi there,

Do you know if we'd need additional savings for our two children, who are British passport holders (born in South Africa to British mother - the kids are first generation outside on UK).

Is the savings for non EU children or just children regardless of where they were born?
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Old Oct 13th 2012, 7:35 pm
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Please could someone clarify this for me.

All of the Tiered visa applications are closed for now so applying for a straightforward Highly Skilled Migrant visa won't be possible (I think). My hubsand's MBA is not on the list of accredited universities in any event, but based on points it should not have been a problem.

Which leads us back to the Family of Settled Persons visa option. However, the title of the visa is a tad misleading....I live in South Africa with my family here, therefore I would not be considered a "settled person" correct? Or am I wrong and even though I do not live in the UK, I am allowed to enter indefinately?

Is this Family of Settled Persons visa the same as the often referred to spouse visa?
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Old Oct 13th 2012, 9:33 pm
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by Nicola1
Do you know if we'd need additional savings for our two children, who are British passport holders (born in South Africa to British mother - the kids are first generation outside on UK).
Is the savings for non EU children or just children regardless of where they were born?
Either the savings or the income (or a combination of both) are higher ONLY for non-EEA citizen children. If the children are indeed British passport holders, they will not be counted under the new UKBA rules.

Last edited by WEBlue; Oct 13th 2012 at 9:39 pm.
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Old Oct 13th 2012, 9:48 pm
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by Nicola1
Which leads us back to the Family of Settled Persons visa option. However, the title of the visa is a tad misleading....I live in South Africa with my family here, therefore I would not be considered a "settled person" correct? Or am I wrong and even though I do not live in the UK, I am allowed to enter indefinately?

Is this Family of Settled Persons visa the same as the often referred to spouse visa?
If you are a Brit married to a non-EEA person, he will need a spouse visa. If your spouse has children who are not EEA citizens, they will be part of the application, but it's still called a spouse visa. It sounds like the children you have ARE British/EEA citizens, so all you likely need is what everyone here calls the spouse visa for your husband.

UKBA calls it a "partner visa" on this page (below). It's for those who are "partners of a British person OR a settled person". In your case, your husband would apply as a partner of a British Person.

http://www.ukba.homeoffice.gov.uk/vi...ly-outside-uk/

Last edited by WEBlue; Oct 13th 2012 at 9:51 pm. Reason: wrong link
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Old Oct 14th 2012, 8:37 am
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by WEBlue
Either the savings or the income (or a combination of both) are higher ONLY for non-EEA citizen children. If the children are indeed British passport holders, they will not be counted under the new UKBA rules.
Super, thank you.
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Old Oct 14th 2012, 8:39 am
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by WEBlue
If you are a Brit married to a non-EEA person, he will need a spouse visa. If your spouse has children who are not EEA citizens, they will be part of the application, but it's still called a spouse visa. It sounds like the children you have ARE British/EEA citizens, so all you likely need is what everyone here calls the spouse visa for your husband.

UKBA calls it a "partner visa" on this page (below). It's for those who are "partners of a British person OR a settled person". In your case, your husband would apply as a partner of a British Person.

http://www.ukba.homeoffice.gov.uk/vi...ly-outside-uk/
Hi, yes I'm the Brit and my husband is South African. Our kids are british passport holders.

Thank you for the link.
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Old Oct 14th 2012, 12:17 pm
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by Giantaxe
Dates on most cameras "prove" nothing given most allow you to set the current date to almost anything you like.
OK - so what's your answer then?
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Old Oct 14th 2012, 8:44 pm
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by dontheturner
OK - so what's your answer then?
Take pictures at a very recognisable event.......... Something like Trooping the Colour, outside Harrod's at Christmas, or something local that's maybe only an annual event.

Make sure a local landmark or event logo is somewhere in a few of the shots.
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Old Oct 15th 2012, 3:48 am
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by MrMuffin
Regarding your second question, from what I've read elsewhere you have three months to move over after the visa issue date. BUT I also have read that you can request a delayed start and I *think* the delay is up to three months. So in other words if you applied today and requested a visa start date of January 12, 2013 then you'd then have until April 12, 2013 to move before the visa expires. But I am not 100% sure of that. Maybe someone else with more solid info can confirm or correct??

EDIT: Oops sorry I didn't see the additional page of replies. Ignore me
Yes... thanks for that... I did end up calling the pay number and it does seem we would have to move to the UK within three months of obtaining the visa. (Forgot to ask whilst on the phone about the delayed start to the visa though )

Does anyone else know if you can defer the start of a spouse settlement visa?
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Old Oct 15th 2012, 10:56 am
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by Former Laowai
Don, I don't think you HAVE to have been cohabiting for the last 6 months, in fact (if you're relying on proof of minimum 6 months work in the UK earning 18,600 pa) this would only be possible if your partner was in the UK on a visitor visa.
S/he would then need to return to their home country before applying to re-enter as a spouse.
It's still a good point to make though because, although I have stacks of pictures of my wife and boys together, almost none include me since I'm always the one behind the camera!
This is a fairly rare one and was taken the night before my wife had to leave the UK...
Sigh, we all miss her so much

http://<a href="http://i954.photobuc...format.png</a>
Hi former laowai, here's a link to a family in a very similar position, but there's no follow up as to whether the Mum did return to Korea with/without her boys.

http://www.thisisstaffordshire.co.uk...ail/story.html

So, the media is getting hold of this in bits and drabs, the overall tone of the comments for this story were positive. Obviously local media and not a tabloid...

Personally, I think that my story would be a great one, (obviously!!) but married 12 years, 3 highly photogenic kids, parents less so (both working too hard...). But the difference is we're all Caucasian/White/ Euros or here in Singapore 'Other' which really does make you think... We don't look like your usual 'immigration story', and at the end of the day that's what (I think) people are sick of, that and the lack of assimilation. We aren't moving to the UK for the NHS, gasp! But for family, friends stability for the kids so they have somewhere to leave and come back to. Rant over.
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Old Oct 15th 2012, 12:32 pm
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by Former Laowai
Don, I don't think you HAVE to have been cohabiting for the last 6 months, in fact (if you're relying on proof of minimum 6

http://<a href="http://i954.photobuc...format.png</a>
Your comments regarding the 6months cohabiting, are nothing to do with our situation. My Wife (from Thailand) came back with me on a LLR Settlement Visa.- Valid for 27 months. (We lived in Thailand from November 2007 till February last year) She then has to apply for an ILR Settlement Visa. But to qualify, we have to prove, that we have regularly cohabited for 4 Years.- That aspect of these regulations, may have also increased. We were married in 2007, and returned (as just mentioned) to the UK, in February of last year. To my way of thinking, a Spouse Visa, is worse than nothing. the period is far too short. Don
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Old Oct 15th 2012, 7:15 pm
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Smile Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by Nicola1
Hi there,

Do you know if we'd need additional savings for our two children, who are British passport holders (born in South Africa to British mother - the kids are first generation outside on UK).

Is the savings for non EU children or just children regardless of where they were born?
HI Nicola-Nope you wont need any extra for the kids if they are British passport holders- at least some sunshine out of a great storm eh ?
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Old Oct 16th 2012, 12:24 pm
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by rukiddingme
Hi former laowai, here's a link to a family in a very similar position, but there's no follow up as to whether the Mum did return to Korea with/without her boys.

http://www.thisisstaffordshire.co.uk...ail/story.html

So, the media is getting hold of this in bits and drabs, the overall tone of the comments for this story were positive.
So sad! This mother's allowed time in the UK (6 months under a regular visitor/tourist stamp?) expired several weeks ago, but I can't find any further mention of her in the British media. I wonder what happened....
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Old Oct 16th 2012, 7:56 pm
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by WEBlue
So sad! This mother's allowed time in the UK (6 months under a regular visitor/tourist stamp?) expired several weeks ago, but I can't find any further mention of her in the British media. I wonder what happened....
Yes I also saw this story and sent them a message but also noticed that there seemed to be no follow up.
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Old Oct 16th 2012, 8:00 pm
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Rukidding me and Don... there are clearly many different types of families that are going to be suffering for varying reasons and I think that the most effective (most likely to reach 100,000 signatures) petition, must highlight this variety of different innocent people.
One love to you and yours :-)
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