British citizen living abroad? Non-EEA spouse? This may affect you!
Oct 24th 2012, 10:40 am
#871
WhiteRabbit
Joined: Dec 2004
Location: USA
Posts: 1,480
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Hi. I've just read the UKBA in USA FB page. From what I can see, the vast majority of those refused were on financial grounds. Because they fell short (even though it may have been by a couple of hundred) on the income threshold. I'm not saying it's right, but that is the reality of the rules we are all now faced with. It's fairly clear that if you don't mean the financial side, then don't apply until you do. My colleagues who are still employed as ECOs overseas tell me that they are now having to refuse settlement apps they would have issued under the old rules. Not because they want to, but because they now have to rigidly follow the rules without room for their own discretion. I still say it's not hard to put together your own application, but perhaps I'm coming in with the perspective of a former ECO and I hate to spend money on something I can do myself. I'm already losing heart on the job search front and if I don't find anything by the time my son finishes his first year in school here in the UK (next July) then we're on the next plane back to DC.
If you read back to the first part of October, you'll come across several denials from people who are well over the threshold but are denied because they've erroneously omitted a bit of evidence. Reading through the layperson commentary is interesting as people try to decipher these rules. We will learn a lot from their hard luck in these early days.
I hope you find something soon. I would never want to send my husband back ahead of me to find work. He would just become so disheartened on his own. And his friends over there say they know he would not take care of himself if we were separated by these rules.
Last edited by rebeccajo; Oct 24th 2012 at 10:45 am.
Oct 24th 2012, 10:59 am
#872
WhiteRabbit
Joined: Dec 2004
Location: USA
Posts: 1,480
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Hi, I'm also no visa newbie! My husband and I were green-card holders in the US, and I entered Australia on a spouse visa. Surprisingly, given Australia's prohibitive immigration policies, it was outstandingly straight-forward, significantly more so than the UK process. I'm smart enough to know what I don't know so will get advice from anywhere that I can!
Here's the msn money link
http://money.uk.msn.com/migrants-ear...le-repugnant-1
Here's the msn money link
http://money.uk.msn.com/migrants-ear...le-repugnant-1
Oct 24th 2012, 11:04 am
#873
Forum Regular
Joined: Oct 2012
Posts: 35
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
There are some folks there who have been denied for not meeting the requirements. One couple by only some 200 GBP.
If you read back to the first part of October, you'll come across several denials from people who are well over the threshold but are denied because they've erroneously omitted a bit of evidence. Reading through the layperson commentary is interesting as people try to decipher these rules. We will learn a lot from their hard luck in these early days.
I hope you find something soon. I would never want to send my husband back ahead of me to find work. He would just become so disheartened on his own. And his friends over there say they know he would not take care of himself if we were separated by these rules.
If you read back to the first part of October, you'll come across several denials from people who are well over the threshold but are denied because they've erroneously omitted a bit of evidence. Reading through the layperson commentary is interesting as people try to decipher these rules. We will learn a lot from their hard luck in these early days.
I hope you find something soon. I would never want to send my husband back ahead of me to find work. He would just become so disheartened on his own. And his friends over there say they know he would not take care of himself if we were separated by these rules.
Oct 26th 2012, 11:34 am
#874
BE Enthusiast
Joined: Feb 2012
Posts: 837
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Jezza, Former Laowai and others - I don't want to get your hopes up but I've been looking through the rules based on something I spotted in the parlimentary debate (commons 19th July, not lords this week)...
There are two sections which could apply to your situation: ECP (Entry as a partner) and ECPT (Entry as a Parent). We've all been focussed on the entry as a partner probably because that was the only entry route in the old rules. There is one big stumbling block - that the rules try to exclude those who are partners from applying as parents but read on anyway ...
I'm going to quote the full rules here (taken from http://www.ukba.homeoffice.gov.uk/po...as-a-parent/):
Relationship requirements
Assume that's true
All three of those seem to be true based on your posts
OK - so that's a stumbling block. But ...
to part (b)(ii) wasn't the situation in at least one of your cases that the children are now normally living with their grandparents, not their father?
and to part (b)(iii) well, you aren't eligible to apply (E-ECP.1.1. To meet the eligibility requirements for entry clearance as a partner all of the requirements in paragraphs E-ECP.2.1. to 4.2. must be met. and you don't meet ECP-3.x the financial bits - therefore not elligible)
Not too hard to provide the evidence?
Financial requirements
The wording is massively different to ECP 3, where the specific amounts are mentioned. Therefore the amounts are not applicable here. We used similar logic in our appeal regarding the difference between the language requirements under the old rules for those married for over 4 years vs the "normal" cases (and won).
That's just paperwork. Eg a letter from the child's grandparents is enough
English language requirement
No getting round that one - everyone needs to pass the test now I'm afraid.
So - if the children move in with their UK-based, UK citizen grandparents then the non-EU parent can apply to move to live with them without the new strict financial requirements but only need to show the same level of finances as under the old rules.
It'd need a very carefully worded application and a bit of luck with which ECO get's it on their desk. We have an ex-ECO on here now, wasn't that you Jezza? What do you think?
There are two sections which could apply to your situation: ECP (Entry as a partner) and ECPT (Entry as a Parent). We've all been focussed on the entry as a partner probably because that was the only entry route in the old rules. There is one big stumbling block - that the rules try to exclude those who are partners from applying as parents but read on anyway ...
I'm going to quote the full rules here (taken from http://www.ukba.homeoffice.gov.uk/po...as-a-parent/):
Section EC-PT: Entry clearance as a parent of a child in the UK
EC-PT.1.1. The requirements to be met for entry clearance as a parent are that-
(a) the applicant must be outside the UK;
(b) the applicant must have made a valid application for entry clearance as a parent;
(c) the applicant must not fall for refusal under any of the grounds in Section S-EC: Suitability–entry clearance; and
(d) the applicant must meet all of the requirements of Section E-ECPT:
Eligibility for entry clearance as a parent.
Section E-ECPT: Eligibility for entry clearance as a parent
E-ECPT.1.1. To meet the eligibility requirements for entry clearance as a parent all of the requirements in paragraphs E-ECPT.2.1. to 4.2. must be met.
EC-PT.1.1. The requirements to be met for entry clearance as a parent are that-
(a) the applicant must be outside the UK;
(b) the applicant must have made a valid application for entry clearance as a parent;
(c) the applicant must not fall for refusal under any of the grounds in Section S-EC: Suitability–entry clearance; and
(d) the applicant must meet all of the requirements of Section E-ECPT:
Eligibility for entry clearance as a parent.
Section E-ECPT: Eligibility for entry clearance as a parent
E-ECPT.1.1. To meet the eligibility requirements for entry clearance as a parent all of the requirements in paragraphs E-ECPT.2.1. to 4.2. must be met.
E-ECPT.2.1. The applicant must be aged 18 years or over.
E-ECPT.2.2. The child of the applicant must be-
(a) under the age of 18 years at the date of application;
(b) living in the UK; and
(c) a British Citizen or settled in the UK.
(a) under the age of 18 years at the date of application;
(b) living in the UK; and
(c) a British Citizen or settled in the UK.
E-ECPT.2.3. Either -
(a) the applicant must have sole parental responsibility for the child; or
(b) the parent or carer with whom the child normally lives must be-
(i) a British Citizen in the UK or settled in the UK;
(ii) not the partner of the applicant; and
(iii) the applicant must not be eligible to apply for entry clearance as a partner under this Appendix.
(a) the applicant must have sole parental responsibility for the child; or
(b) the parent or carer with whom the child normally lives must be-
(i) a British Citizen in the UK or settled in the UK;
(ii) not the partner of the applicant; and
(iii) the applicant must not be eligible to apply for entry clearance as a partner under this Appendix.
to part (b)(ii) wasn't the situation in at least one of your cases that the children are now normally living with their grandparents, not their father?
and to part (b)(iii) well, you aren't eligible to apply (E-ECP.1.1. To meet the eligibility requirements for entry clearance as a partner all of the requirements in paragraphs E-ECP.2.1. to 4.2. must be met. and you don't meet ECP-3.x the financial bits - therefore not elligible)
E-ECPT.2.4. (a) The applicant must provide evidence that they have either-
(i) sole parental responsibility for the child; or
(ii) access rights to the child; and
(b) The applicant must provide evidence that they are taking, and intend to continue to take, an active role in the child's upbringing.
(i) sole parental responsibility for the child; or
(ii) access rights to the child; and
(b) The applicant must provide evidence that they are taking, and intend to continue to take, an active role in the child's upbringing.
Financial requirements
E-ECPT.3.1. The applicant must provide evidence that they will be able to adequately maintain and accommodate themselves and any dependants in the UK without recourse to public funds
E-ECPT.3.2. The applicant must provide evidence that there will be adequate accommodation in the UK, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family own or occupy exclusively: accommodation will not be regarded as adequate if-
(a) it is, or will be, overcrowded; or
(b) it contravenes public health regulations.
(a) it is, or will be, overcrowded; or
(b) it contravenes public health regulations.
English language requirement
E-ECPT.4.1. The applicant must provide specified evidence that they-
(a) are a national of a majority English speaking country listed in paragraph GEN.1.6.;
(b) have passed an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference for Languages with a provider approved by the UK Border Agency;
(c) have an academic qualification recognised by NARIC UK to be equivalent to the standard of a Bachelor's or Master's degree or PhD in the UK, which was taught in English; or
(d) are exempt from the English language requirement under paragraph EECPT. 4.2.
E-ECPT.4.2. The applicant is exempt from the English language requirement if at the date of application-
(a) the applicant is aged 65 or over;
(b) the applicant has a disability (physical or mental condition) which prevents the applicant from meeting the requirement; or
(c) there are exceptional circumstances which prevent the applicant from being able to meet the requirement prior to entry to the UK.
(a) are a national of a majority English speaking country listed in paragraph GEN.1.6.;
(b) have passed an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference for Languages with a provider approved by the UK Border Agency;
(c) have an academic qualification recognised by NARIC UK to be equivalent to the standard of a Bachelor's or Master's degree or PhD in the UK, which was taught in English; or
(d) are exempt from the English language requirement under paragraph EECPT. 4.2.
E-ECPT.4.2. The applicant is exempt from the English language requirement if at the date of application-
(a) the applicant is aged 65 or over;
(b) the applicant has a disability (physical or mental condition) which prevents the applicant from meeting the requirement; or
(c) there are exceptional circumstances which prevent the applicant from being able to meet the requirement prior to entry to the UK.
So - if the children move in with their UK-based, UK citizen grandparents then the non-EU parent can apply to move to live with them without the new strict financial requirements but only need to show the same level of finances as under the old rules.
It'd need a very carefully worded application and a bit of luck with which ECO get's it on their desk. We have an ex-ECO on here now, wasn't that you Jezza? What do you think?
Oct 26th 2012, 12:01 pm
#875
Forum Regular
Joined: Oct 2012
Posts: 35
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Jezza, Former Laowai and others - I don't want to get your hopes up but I've been looking through the rules based on something I spotted in the parlimentary debate (commons 19th July, not lords this week)...
There are two sections which could apply to your situation: ECP (Entry as a partner) and ECPT (Entry as a Parent). We've all been focussed on the entry as a partner probably because that was the only entry route in the old rules. There is one big stumbling block - that the rules try to exclude those who are partners from applying as parents but read on anyway ...
I'm going to quote the full rules here (taken from http://www.ukba.homeoffice.gov.uk/po...as-a-parent/):
Englishguygoinghome - thanks for taking the trouble to research all of that, it gave me a slight glimmer of hope. But realistically I think it's more than a long-shot. I'd have real problems proving the following in respect of my wife:
You can apply under this route if:
you have sole responsibility for the child; or
if the parent or carer that the child normally lives with is a British citizen or settled in the UK, but is not your partner, and you do not qualify for entry clearance as a partner.
(ok I could say our son lives with my parents, but I'd have to basically lie & say I had no parental responsibility for him)
You must provide evidence that you either have sole responsibility for or access rights to the child or that you are taking, and intend to continue to take, an active role in the child's upbringing. The documents you need to provide are listed on the application form.
(impossible to show my wife has sole responsiblity/access to our son, especially when I moved over here with him specifically to look for work & also since we're both named on his UK ppt app that was submitted less than a year ago)
You can apply under this route if:
you have sole responsibility for the child; or
if the parent or carer that the child normally lives with is a British citizen or settled in the UK, but is not your partner, and you do not qualify for entry clearance as a partner.
You must provide evidence that you either have sole responsibility for or access rights to the child or that you are taking, and intend to continue to take, an active role in the child's upbringing. The documents you need to provide are listed on the application form.[/I][/B]
Relationship requirements
Assume that's true
All three of those seem to be true based on your posts
OK - so that's a stumbling block. But ...
to part (b)(ii) wasn't the situation in at least one of your cases that the children are now normally living with their grandparents, not their father?
and to part (b)(iii) well, you aren't eligible to apply (E-ECP.1.1. To meet the eligibility requirements for entry clearance as a partner all of the requirements in paragraphs E-ECP.2.1. to 4.2. must be met. and you don't meet ECP-3.x the financial bits - therefore not elligible)
Not too hard to provide the evidence?
Financial requirements
The wording is massively different to ECP 3, where the specific amounts are mentioned. Therefore the amounts are not applicable here. We used similar logic in our appeal regarding the difference between the language requirements under the old rules for those married for over 4 years vs the "normal" cases (and won).
That's just paperwork. Eg a letter from the child's grandparents is enough
English language requirement
No getting round that one - everyone needs to pass the test now I'm afraid.
So - if the children move in with their UK-based, UK citizen grandparents then the non-EU parent can apply to move to live with them without the new strict financial requirements but only need to show the same level of finances as under the old rules.
It'd need a very carefully worded application and a bit of luck with which ECO get's it on their desk. We have an ex-ECO on here now, wasn't that you Jezza? What do you think?
There are two sections which could apply to your situation: ECP (Entry as a partner) and ECPT (Entry as a Parent). We've all been focussed on the entry as a partner probably because that was the only entry route in the old rules. There is one big stumbling block - that the rules try to exclude those who are partners from applying as parents but read on anyway ...
I'm going to quote the full rules here (taken from http://www.ukba.homeoffice.gov.uk/po...as-a-parent/):
Englishguygoinghome - thanks for taking the trouble to research all of that, it gave me a slight glimmer of hope. But realistically I think it's more than a long-shot. I'd have real problems proving the following in respect of my wife:
You can apply under this route if:
you have sole responsibility for the child; or
if the parent or carer that the child normally lives with is a British citizen or settled in the UK, but is not your partner, and you do not qualify for entry clearance as a partner.
(ok I could say our son lives with my parents, but I'd have to basically lie & say I had no parental responsibility for him)
You must provide evidence that you either have sole responsibility for or access rights to the child or that you are taking, and intend to continue to take, an active role in the child's upbringing. The documents you need to provide are listed on the application form.
(impossible to show my wife has sole responsiblity/access to our son, especially when I moved over here with him specifically to look for work & also since we're both named on his UK ppt app that was submitted less than a year ago)
You can apply under this route if:
you have sole responsibility for the child; or
if the parent or carer that the child normally lives with is a British citizen or settled in the UK, but is not your partner, and you do not qualify for entry clearance as a partner.
You must provide evidence that you either have sole responsibility for or access rights to the child or that you are taking, and intend to continue to take, an active role in the child's upbringing. The documents you need to provide are listed on the application form.[/I][/B]
Relationship requirements
Assume that's true
All three of those seem to be true based on your posts
OK - so that's a stumbling block. But ...
to part (b)(ii) wasn't the situation in at least one of your cases that the children are now normally living with their grandparents, not their father?
and to part (b)(iii) well, you aren't eligible to apply (E-ECP.1.1. To meet the eligibility requirements for entry clearance as a partner all of the requirements in paragraphs E-ECP.2.1. to 4.2. must be met. and you don't meet ECP-3.x the financial bits - therefore not elligible)
Not too hard to provide the evidence?
Financial requirements
The wording is massively different to ECP 3, where the specific amounts are mentioned. Therefore the amounts are not applicable here. We used similar logic in our appeal regarding the difference between the language requirements under the old rules for those married for over 4 years vs the "normal" cases (and won).
That's just paperwork. Eg a letter from the child's grandparents is enough
English language requirement
No getting round that one - everyone needs to pass the test now I'm afraid.
So - if the children move in with their UK-based, UK citizen grandparents then the non-EU parent can apply to move to live with them without the new strict financial requirements but only need to show the same level of finances as under the old rules.
It'd need a very carefully worded application and a bit of luck with which ECO get's it on their desk. We have an ex-ECO on here now, wasn't that you Jezza? What do you think?
You can apply under this route if:
you have sole responsibility for the child; or
if the parent or carer that the child normally lives with is a British citizen or settled in the UK, but is not your partner, and you do not qualify for entry clearance as a partner.
(ok I could say our son lives with my parents, but I'd have to basically lie & say I had no parental responsibility for him)
You must provide evidence that you either have sole responsibility for or access rights to the child or that you are taking, and intend to continue to take, an active role in the child's upbringing.
(impossible to show my wife has sole responsiblity/access to our son, especially when I moved over here with him specifically to look for work & also since we're both named on his UK ppt app that was submitted less than a year ago)
Also, if she got approved then in 30 months time what does she do? Lie again and say she has sole responsibility for our son's upbringing? Or apply as a spouse on the grounds of marriage to me, having previously had to lie & say we were not together & I didn't have parental responsiblity.
Like I say, thanks for looking into this option but I don't think it'll work for us. It just really annoys me that we even have to consider going to such lengths and just because of such a ludicrous set of immigration rules.
Oct 26th 2012, 12:26 pm
#876
BE Enthusiast
Joined: Feb 2012
Posts: 837
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Englishguygoinghome - thanks for taking the trouble to research all of that, it gave me a slight glimmer of hope. But realistically I think it's more than a long-shot. I'd have real problems proving the following in respect of my wife:
You can apply under this route if:
you have sole responsibility for the child; or
if the parent or carer that the child normally lives with is a British citizen or settled in the UK, but is not your partner, and you do not qualify for entry clearance as a partner.
(ok I could say our son lives with my parents, but I'd have to basically lie & say I had no parental responsibility for him)
You can apply under this route if:
you have sole responsibility for the child; or
if the parent or carer that the child normally lives with is a British citizen or settled in the UK, but is not your partner, and you do not qualify for entry clearance as a partner.
(ok I could say our son lives with my parents, but I'd have to basically lie & say I had no parental responsibility for him)
You must provide evidence that you either have sole responsibility for or access rights to the child or that you are taking, and intend to continue to take, an active role in the child's upbringing.
(impossible to show my wife has sole responsiblity/access to our son, especially when I moved over here with him specifically to look for work & also since we're both named on his UK ppt app that was submitted less than a year ago)
(impossible to show my wife has sole responsiblity/access to our son, especially when I moved over here with him specifically to look for work & also since we're both named on his UK ppt app that was submitted less than a year ago)
Also, if she got approved then in 30 months time what does she do? Lie again and say she has sole responsibility for our son's upbringing? Or apply as a spouse on the grounds of marriage to me, having previously had to lie & say we were not together & I didn't have parental responsiblity.
It's interesting to see how you read the rules - part of my job is looking for gaps and ambiguities in specifications and I'm well aware that, while they are often there, it is hard to get agreement on that and, as you say, you are reliant on an ECO accepting your arguments and that is not necessarily very likely. If it looks like a lie to you then that is probably how most people would see it.
Oct 26th 2012, 11:14 pm
#877
WhiteRabbit
Joined: Dec 2004
Location: USA
Posts: 1,480
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
englishguygoinghome - I see the link you put up is now broken.
I think what you may have found (and they've taken back down) is some new guidance based upon the Zambrano case. Here's some links on this case:
http://www.freemovement.org.uk/2012/...tions-at-last/
http://www.freemovement.org.uk/2012/...o-application/
Follow links within these links for a full understanding.
This is a DIFFERENT set of rules and NOT part of the rules for spousal/family immigration that we've been discussing in this thread. It's an EEA route petition.
Either that, or the link was for info on bringing over a parent under the new rules? Hard to say as the link seems broken........
I think what you may have found (and they've taken back down) is some new guidance based upon the Zambrano case. Here's some links on this case:
http://www.freemovement.org.uk/2012/...tions-at-last/
http://www.freemovement.org.uk/2012/...o-application/
Follow links within these links for a full understanding.
This is a DIFFERENT set of rules and NOT part of the rules for spousal/family immigration that we've been discussing in this thread. It's an EEA route petition.
Either that, or the link was for info on bringing over a parent under the new rules? Hard to say as the link seems broken........
Last edited by rebeccajo; Oct 26th 2012 at 11:25 pm.
Oct 27th 2012, 6:08 am
#878
Just Joined
Joined: Oct 2012
Posts: 24
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
I have been reading through this whole thread with horror and a sense of doom. I am in a similar situation as others on this thread and would like to thank you all for your input over the previous months. Without this forum I would be clueless. I am particularly horrified by what has happened to Former Laowai. I myself have a two and half year old son who faces being separated from his mother or father for a very long time due to these new laws. What happened to the importance of family life that all these politicians "and the queen" talk about. They are breaking us up. God knows what effect this will have on my son and my marriage. I am devastated.
Oct 27th 2012, 6:39 am
#879
Just Joined
Joined: Oct 2012
Posts: 24
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
I have been living in Thailand for the past ten years and working (officially) at a provincial University as an English teacher. My salary is modest and in line with similar government teaching jobs for foreigners at 360,000.00 THB per year (approx 7,273.86 GBP)
I have been living with my partner for five and a half years. We became engaged four years ago and married three years ago. My wife gave birth in April 2010 to our son Arthur. I am British, my son is British and my wife is Thai.
As soon as we found my wife was pregnant we decided we would relocate to the UK when he reached three years of age for educational purposes (early public education in Thailand is bordering on the criminally negligent).
Moving to the UK has become more important recently as my parents, who used to visit us in Thailand regularly, are no longer able to travel. My father simply cannot manage the flight and my mother has just had a cancerous kidney removed. She cries every time she sees her grandson on Skype.
For the past three years we have looking forward to the move to the UK. We went to the UK for a visit in the spring of 2011 and loved it. I found that I would easily be able to get enough work to take care of our needs and my wife would be able to out-earn me because of her previous work experience in Thailand.
Earlier this week I started the spouse visa application procedures. I have in the past few days discovered that we can NEVER return to the UK to live. My parents will NEVER see their grandson again. My son will NEVER see his grandparents again nor EVER have access to education in his own country.
Not unless, that is, we abandon his mother.
How can this be?
I have been living with my partner for five and a half years. We became engaged four years ago and married three years ago. My wife gave birth in April 2010 to our son Arthur. I am British, my son is British and my wife is Thai.
As soon as we found my wife was pregnant we decided we would relocate to the UK when he reached three years of age for educational purposes (early public education in Thailand is bordering on the criminally negligent).
Moving to the UK has become more important recently as my parents, who used to visit us in Thailand regularly, are no longer able to travel. My father simply cannot manage the flight and my mother has just had a cancerous kidney removed. She cries every time she sees her grandson on Skype.
For the past three years we have looking forward to the move to the UK. We went to the UK for a visit in the spring of 2011 and loved it. I found that I would easily be able to get enough work to take care of our needs and my wife would be able to out-earn me because of her previous work experience in Thailand.
Earlier this week I started the spouse visa application procedures. I have in the past few days discovered that we can NEVER return to the UK to live. My parents will NEVER see their grandson again. My son will NEVER see his grandparents again nor EVER have access to education in his own country.
Not unless, that is, we abandon his mother.
How can this be?
Oct 27th 2012, 11:03 am
#880
BE Enthusiast
Joined: Feb 2012
Posts: 837
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
I've just tried it and get a broken link too - which is odd.
So here's where to find it in the main navigation on the UKBA site:
- Policy & Law - Immigration Law - Immigration Rules - Appendix FM (takes you to http://www.ukba.homeoffice.gov.uk/po...amily-members/ which is the full set of new rules excluding the list of acceptable evidence)
then choose "Family life as a parent"
Oct 27th 2012, 12:58 pm
#881
Under blue skies
Joined: Mar 2011
Location: East Anglia->New England
Posts: 3,624
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
It's not Zambrano, no - part of the new rules for the direct route (ie not via an EU stopover)
I've just tried it and get a broken link too - which is odd.
So here's where to find it in the main navigation on the UKBA site:
- Policy & Law - Immigration Law - Immigration Rules - Appendix FM (takes you to http://www.ukba.homeoffice.gov.uk/po...amily-members/ which is the full set of new rules excluding the list of acceptable evidence)
then choose "Family life as a parent"
I've just tried it and get a broken link too - which is odd.
So here's where to find it in the main navigation on the UKBA site:
- Policy & Law - Immigration Law - Immigration Rules - Appendix FM (takes you to http://www.ukba.homeoffice.gov.uk/po...amily-members/ which is the full set of new rules excluding the list of acceptable evidence)
then choose "Family life as a parent"
You must have done some real digging. The truth is, even if it doesn't work for Jezza or some others, there may be someone reading this thread who CAN use this info to help their situation.
In a funny way it heartens me that UKBA show at least this little bit of consideration for children of non-EEA people.
Last edited by WEBlue; Oct 27th 2012 at 1:06 pm.
Oct 27th 2012, 1:17 pm
#882
BE Forum Addict
Joined: Jun 2009
Location: Phibun Mangsahan Ubon Province Thailand.
Posts: 1,073
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
I have been living in Thailand for the past ten .
Moving to the UK has become more important recently as my parents, who used to visit us in Thailand regularly, are no longer able to travel..
Earlier this week I started the spouse visa application procedures. I have in the past few days discovered that we can NEVER return to the UK to live. My parents will NEVER see their grandson again. My son will NEVER see his grandparents again nor EVER have access to education in his own country.
Not unless, that is, we abandon his mother.
How can this be?
Moving to the UK has become more important recently as my parents, who used to visit us in Thailand regularly, are no longer able to travel..
Earlier this week I started the spouse visa application procedures. I have in the past few days discovered that we can NEVER return to the UK to live. My parents will NEVER see their grandson again. My son will NEVER see his grandparents again nor EVER have access to education in his own country.
Not unless, that is, we abandon his mother.
How can this be?
In 2011, my Thai Wife applied for a Limited Leave Settlement Visa at the UK Embassy Consular Office, on Wireless Road in Bangkok. Tippawan then got her Chest Xray (for TB) and we came home. The Only regulation, to have changed since then, is the Earnings amount.(in July 2012). Provided you can Get employment, then there is no problem is there? - not easy, I know, but doable isn't it? regards Don
Oct 27th 2012, 1:19 pm
#883
Just Joined
Joined: Aug 2012
Location: Singapore
Posts: 29
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
I have been living in Thailand for the past ten years and working (officially) at a provincial University as an English teacher. My salary is modest and in line with similar government teaching jobs for foreigners at 360,000.00 THB per year (approx 7,273.86 GBP)
I have been living with my partner for five and a half years. We became engaged four years ago and married three years ago. My wife gave birth in April 2010 to our son Arthur. I am British, my son is British and my wife is Thai.
As soon as we found my wife was pregnant we decided we would relocate to the UK when he reached three years of age for educational purposes (early public education in Thailand is bordering on the criminally negligent).
Moving to the UK has become more important recently as my parents, who used to visit us in Thailand regularly, are no longer able to travel. My father simply cannot manage the flight and my mother has just had a cancerous kidney removed. She cries every time she sees her grandson on Skype.
For the past three years we have looking forward to the move to the UK. We went to the UK for a visit in the spring of 2011 and loved it. I found that I would easily be able to get enough work to take care of our needs and my wife would be able to out-earn me because of her previous work experience in Thailand.
Earlier this week I started the spouse visa application procedures. I have in the past few days discovered that we can NEVER return to the UK to live. My parents will NEVER see their grandson again. My son will NEVER see his grandparents again nor EVER have access to education in his own country.
Not unless, that is, we abandon his mother.
How can this be?
I have been living with my partner for five and a half years. We became engaged four years ago and married three years ago. My wife gave birth in April 2010 to our son Arthur. I am British, my son is British and my wife is Thai.
As soon as we found my wife was pregnant we decided we would relocate to the UK when he reached three years of age for educational purposes (early public education in Thailand is bordering on the criminally negligent).
Moving to the UK has become more important recently as my parents, who used to visit us in Thailand regularly, are no longer able to travel. My father simply cannot manage the flight and my mother has just had a cancerous kidney removed. She cries every time she sees her grandson on Skype.
For the past three years we have looking forward to the move to the UK. We went to the UK for a visit in the spring of 2011 and loved it. I found that I would easily be able to get enough work to take care of our needs and my wife would be able to out-earn me because of her previous work experience in Thailand.
Earlier this week I started the spouse visa application procedures. I have in the past few days discovered that we can NEVER return to the UK to live. My parents will NEVER see their grandson again. My son will NEVER see his grandparents again nor EVER have access to education in his own country.
Not unless, that is, we abandon his mother.
How can this be?
Oct 27th 2012, 2:18 pm
#884
Forum Regular
Joined: Oct 2012
Posts: 35
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
I think you must be reading lots of useless info.
In 2011, my Thai Wife applied for a Limited Leave Settlement Visa at the UK Embassy Consular Office, on Wireless Road in Bangkok. Tippawan then got her Chest Xray (for TB) and we came home. The Only regulation, to have changed since then, is the Earnings amount.(in July 2012). Provided you can Get employment, then there is no problem is there? - not easy, I know, but doable isn't it? regards Don
In 2011, my Thai Wife applied for a Limited Leave Settlement Visa at the UK Embassy Consular Office, on Wireless Road in Bangkok. Tippawan then got her Chest Xray (for TB) and we came home. The Only regulation, to have changed since then, is the Earnings amount.(in July 2012). Provided you can Get employment, then there is no problem is there? - not easy, I know, but doable isn't it? regards Don
Oct 27th 2012, 3:59 pm
#885
Just Joined
Joined: Oct 2012
Posts: 24
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
I think you must be reading lots of useless info.
In 2011, my Thai Wife applied for a Limited Leave Settlement Visa at the UK Embassy Consular Office, on Wireless Road in Bangkok. Tippawan then got her Chest Xray (for TB) and we came home. The Only regulation, to have changed since then, is the Earnings amount.(in July 2012). Provided you can Get employment, then there is no problem is there? - not easy, I know, but doable isn't it? regards Don
In 2011, my Thai Wife applied for a Limited Leave Settlement Visa at the UK Embassy Consular Office, on Wireless Road in Bangkok. Tippawan then got her Chest Xray (for TB) and we came home. The Only regulation, to have changed since then, is the Earnings amount.(in July 2012). Provided you can Get employment, then there is no problem is there? - not easy, I know, but doable isn't it? regards Don
I would have to secure employment paying a salary of 18,600 pounds, with a contract. The job would have to start six month after my job application and I would have to apply from here in Thailand without meetings or interviews (unless an employer is willing to interview me on Skype).
To meet the requirements I would also have to show earnings over the past 12 months of 18,600 pounds, in my present country of residence. My present salary is 360,000.00 Thai Baht per year (That's approx 7,273.00 UK pounds)
Not doable at all really.
Far from being useless, the info on this site has been invaluable. I would have been lost without it.
