alex98uk

Hello All,

I've been doing lots of research on this topic and i'm fairly sure that the situation of my partner and I fall under Surinder Singh route of entry... and it would be more beneficial than taking other routes.

The facts are:

* I am a British Citizen and herself a Chilean citizen
* I have lived in Germany for 3+ years and herself, 5 years
* We have lived together for almost 2 years now (next May)
* We have both been full time employed in the skilled IT sector for our entire time here
* She is a fluent speaker of German and we have some assets here (e.g. car)

I would say we meet the criteria for Surinder-Singh, in terms of centre of life in Germany. But, the only thing we don't have is a marriage. I understand that there is some leeway if we can show proof that we are a genuine relationship.

It is also possible that I move to the UK with the same job I do here. So I will be in employment at all times between Germany and the UK. The salary I would earn is I believe over double the quoted minimum amount for a sponsorship visa.

Do you believe that the Surinder Singh route is the best means of entry here? Is there a potential that Brexit could negatively affect things? The only other way I thought to do it was a sponsorship style visa.

Novocastrian

Either way, you'd have to fully document your common law status with your partner. Since you can meet the financial requirements, why mess about with the SS route?

alex98uk

Thank you for the reply

I'll be honest, because I struggle to understand all the other routes.

My understanding of the sponsorship visa is that my girlfriend would be barred from public funds (such as JSA). I also do not fully understand the time line and limitations of other visas.

With your knowledge, how would you suggest we approach the situation? Which visa would you suggest we apply for now and if relevant, do we need to convert it in the UK if we get married?

Edit: Also with a sponsorship visa, there is a much larger fee than going via SS no?

BritInParis

Surinder Singh would certainly be a lot cheaper and easier than going down the spouse visa route however Brexit does make it a more uncertain route to follow especially since HMG seem to be keen on 'hard' Brexit which will end freedom of movement from the EEA into the UK and thus will close the Surinder Singh route.

That being said transitional provisions will almost certainly be applied to anyone already in the UK before we leave the EU so providing your partner is resident in the UK and holds an EEA residence card before this happens then she should be fine.

alex98uk

Yeah, this was what I understood. My common sense says that those already in the UK via SS will not be kicked out, but rather have to apply for another type of visa.

I don't see the UK doing mass deportations of people who are contributing to the economy.

Like you say, the SS route is much cheaper...

If I were to give SS a shot and say for whatever reason it wasn't accepted, is there a chance it would affect a subsequent attempt at a spousal visa?

BritInParis

No. An EEA Family Permit is not a visa, it merely confirms an existing right under EEA regulations, so a refusal would not have a negative impact on any future visa applications.

Worst case scenario regarding Brexit would be that your partner would need you to sponsor her for a spouse visa from within the UK should her existing immigration status come to an end.

alex98uk

OK thank you. That makes sense.

I think I will still pursue the SS route. Given that we "should" qualify for it and the obvious financial savings.

One last question, do you know if the SS route guidelines are still the same regarding unmarried couples. As "Novocastrian" mentioned, we would have to document our life, but shouldn't be too much of an issue?

BritInParis

Previously the Surinder Singh route wasn't applicable to unmarried partners as Mr and Mrs Singh were married. However a more recent ruling found that, when refusing an application for an EEA Family Permit applied for under the provisions of Surinder Singh, the Home Office had erred by not applying the same provisions to an unmarried couple. Therefore presumably the HO will now permit such applications under the same criteria they use for unmarried partners applying for spouse visas, i.e. at least two years living together in a relationship akin to marriage

alex98uk

Thank you, most helpful

SanDiegogirl

If the two years is not met until next May (2017) then I would advise not applying until next May. The rules are two year living together in a relationship akin to marriage.

BritInParis

Or just get hitched

alex98uk

Yep, i'm just planning ahead. I want to be prepared going into it and with the understanding that i'm making the best decision possible.

After new year I will start to collect the documents and "document" our life! I'm hoping a photo of myself in lederhosen will help the "integration into the local society" element

Wel... that's always a thought! Not a bad one either...

Novocastrian

Have you looked into the Beamterscheiss for a Brit to marry even a German in Germany, let alone a non EU citizen? If you decide to get hitched, consider getting married in Denmark.

alex98uk

Yep, actually speaking to the lady friend tonight after all your comments.

We are aware of many ex-pat couples using Denmark.

Cheers for the advice, i think it's something we may seriously consider.