Mymorg

Okay, so once again I have a whole slew of problems and I desperately need advice. My husband and I are going to visit England for about three months, then we're off to live in Prague where we're legally allowed to be together... then were going to apply for an EEA family permit to come back to England at some point.
My problem is, that were currently living in south Korea and I have no bank account in America... so when I travel to England to get six month tourist entry, what should I show them for proof that I'm leaving for Prague but for the ticket there? I have 10,000 in savings but no bank account so I will have to put it in my husbands English account- should he write a letter proving that he will support me? I'm sorry this is all confusing but I won't be able to access my bank accounts in Korea and I have no alternative. I don't want to get to heathrow with no bank account, no job prospects and be sent away. What do you advise I do? Travelers checks?
Also, and this is the last thing I promise, when we've been living in Prague for a year it would be possible to apply for an eea family permit to return to England correct?
I can't thank you enough for your help, this is all quite overwhelming.

Beccarose

Is your husband a UK national? Are you Korean, from the Czech or?
You said you will be traveling to England for a 3 month visit but then you mentioned getting a six month tourist entry- are you going for 3 months or 6?
Will you have your return ticket when you enter the UK?
Any way you can open a bank account in Korea so that you at least have access to your money?

If you have your return ticket and it's within the time frame allowed then I don't see why they would question it.
As for your last question, under the UKBA website it says "British citizens can rely on European law in circumstances where they are returning to the UK in order to work or settle here in a self-sufficient capacity after working in another European Union state. In these circumstances, the returning British citizen has the right to be accompanied by his or her husband, wife or civil partner, if they have previously been living together in the other European Union state." so I take it that would be a yes to your question. It does not mention how long they have to have been living in that other EEA country, and it also does not mention that you have to show proof that you were in fact living together, but I would assume you would. And it mentioned the British Citizen has to be moving there in a self-sufficient capacity- I don't know if you have to show proof that you are in a self-sufficient capacity.

Mymorg

Sorry let me clarify, I'm an American citizen who was teaching English abroad (in seoul) where I met my husband. We married here under Korean law but sent our paperwork to the us and the uk... We're legal. I however, closed my american bank account in 2010 when I left for Korea (without much consideration to my future endeavors... Although I wasn't sure I would be living in europe after my stint in Korea). Anyway, my husband is a musician. I am a tattoo artist... We do not qualify to make nearly 19,000 pounds a year and probably never will. However, his family needs him close to home- I don't have much family back in the US, at all really. So we are obviously in troubled water. Since we can't afford a spouse visa we are merely visiting for three months staring October 10 (for the holidays) since I'm leaving Korea though, I don't have a bank account- so I'm worried, with the immigration laws being as stringent as they are now, that I will be sent away- with only a ticket but no job prospects in Prague and no ties back to the us. Maybe I'm just an anxious person (I am) but I'm concerned about being admitted to the uk at all for my visit.
AFTER the visit- and this is the most confusing part, we are
Moving to Prague. We will both work. We are considering trying to get back into the uk in a year or so using the surrinder Singh route. QUESTION: I read that the new changes to immigration policies this July EXCLUDE British nationals from taking part in granting their family members EEA fp's. The revision says an EEA national is now "a national of an EEA state who is not also a British national". Does that render the surrinder Singh route invalid? From my interpretation that would, because British nationals are NOT considered eea nationals and therefore can NOT take their non eu spouses back into England to exercise treaty rights.
Am I wrong? I hope so... :/

Beccarose

I would strongly suggest you post this question on the UK-yankee forum http://talk.uk-yankee.com/- there are several people who are very well versed in the immigration laws- I am sure there are people on this site well versed as well too but check out that site too. http://talk.uk-yankee.com/
Best of luck!

WEBlue

No,this is not in the new rules. I'm wondering where you read this? There is some speculation that the Surinder Singh route to the UK may be closed at some point in the future, but for now it seems pure speculation.

You may be thinking of the McCarthy Judgement (not a really new case as the judgement came down spring of 2011 I believe)...? That was a case of a dual UK/Irish citizen who'd never lived outside of the UK trying to use her Irish nationality to bring her non-EEA spouse to settle in the UK under the EU/EEA Family Permit. But because she never exercised treaty rights by working to support herself in another EU country she was ruled unable to use her treaty rights this way.

"Dual nationals living in a country of their nationality who have never exercised free movement rights cannot rely on the Citizens Directive (2004/38) or on Article 21 TFEU."
http://www.freemovement.org.uk/2011/...ent-available/