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Except if the UKVI see that as an attempt to circumvent UK immigration rules (which it is, let's be honest here) then they will deny it.noajthan wrote:You are missing an option here & that is the Surinder Singh route.
Use your ideas of setting up some business or other plus your seed capital but spend say 6 months or so of your time by coming back to UK via an EU country first.
Say Germany or Ireland; it just depends on your linguistic abilities & any other personal considerations or family connections (etc).
Plant yourself in chosen EU country, establish your centre of life there (you seem flexible & no firm ties to UK yet) - this is classic Surinder Singh.
On finally returning to UK you will be treated as an EEA national & your wife treated under EU rules as a dependent family member of someone exercising treaty rights in UK.
(Assuming you as 'EEA national' & her sponsor set up in business or get a job in UK or fall into one of the other categories of qualified person).
Then all this £18,600 income nonsense (from the UK Immigration Regulations) goes away.
After 5 years with you in UK your wife would likely have acquired PR (ie settled status) & so a further step on the way to the privilege of citizenship.
I must say the idea of netting £18K in first year seems fanciful; I know people who have these carboot/eBay type of dealing businesses and they don't even turnover or gross £18K (even after a couple of years at it).
(And anyway, even if one did can anyone realistically support a family of 4/5 persons on £18K in south of England - I'll leave that one 'for the pub').
Plenty of information in this forum (& elsewhere) about Surinder Singh; (you could try asking CAB too).
This should whet your appetite & get you started:
eea-route-applications/eea2-surinder-si ... 0singh%203
Good luck.
I beg to differ, the OP has not lived in UK for years (by sound of it) so he is hardly nipping out of UK for 3 months then returning to Blighty.Wanderer wrote:Except if the UKVI see that as an attempt to circumvent UK immigration rules (which it is, let's be honest here) then they will deny it.
The onus seems clearly on HMG to prove any abuse.“the scope of Union law cannot be extended to cover abuses… Proof of such an abuse requires, first, a combination of objective circumstances in which, despite formal observance of the conditions laid down by the European Union rules, the purpose of those rules has not been achieved, and, secondly, a subjective element consisting in the intention to obtain an advantage from the European Union rules by artificially creating the conditions laid down for obtaining it.”
...
EU law states that the intention behind exercise of Treaty rights is irrelevant (see Akrich Case C-109/01) and abuse requires the accuser to prove both that the rules for a right are not really met and that there was a deliberate intention artificially to make it appear as if the rules were satisfied (Emsland‑Stärke Case C‑110/99).
Curious point...Wanderer wrote:Except if the UKVI see that as an attempt to circumvent UK immigration rules (which it is, let's be honest here) then they will deny it.
+1pentatonic wrote:Curious point...Wanderer wrote:Except if the UKVI see that as an attempt to circumvent UK immigration rules (which it is, let's be honest here) then they will deny it.
I thought the EEA regulation only requires one to establish a centre of life in another EEA country. As far as I can tell the regulation does not prohibit any specific purpose of that establishment, as long as there is a genuine tie to that country for a reasonable period prior to moving back to the UK?
In other words, if say a British person moves to Germany for the express purpose of invoking Surinder Singh, but in doing so sells her home in the UK (or in this case, not owning a home in the UK in the first place?), move all belongings and take up a permanent vacancy in Germany for 6-12 months, can UKVI really refuse the right of free movement of the spouse back to the UK on the grounds of attempt to circumvent UK immigration rules?
Attempt to circumvent UK immigration rules only results in an adverse history as far as UK rules are concerned. But this does not fall within UK rules...
https://www.freemovement.org.uk/abuse-o ... nder-singhIf it can be shown that the exercise of treaty rights did achieve the purpose of the free movement rules and was effective and genuine then the question of intention is irrelevant.
Details on the temporary visas all detailed in the itemised steps here:returntotheuk wrote:So, to clarify, how long can a NON EU person (as a spouse) stay in somewhere like Ireland? I thought it would be very similar rules or am I missing something?
Thanks, this sounds like a really good option from what I have been reading so far.noajthan wrote:Details on the temporary visas all detailed in the itemised steps here:returntotheuk wrote:So, to clarify, how long can a NON EU person (as a spouse) stay in somewhere like Ireland? I thought it would be very similar rules or am I missing something?
http://www.immigrationboards.com/eea-ro ... 0singh%203
The point is you are considered as an EEA national in Ireland (as long as you exercise treaty rights, eg work) so your wife is the dependent family member of an EEA national & falls under EU rules not local immigration laws.
Thanks Vinny, it certainly looks a good option for us.vinny wrote:Yes. It's worth considering.
There's also apparently no requirement to have a job in the UK when entering from the EU under the Surinder Singh route.
I suggest you're ideal candidate for SS as you quite literally have no UK "baggage".
noajthan wrote:I suggest you're ideal candidate for SS as you quite literally have no UK "baggage".
Here's another on SS route, may be worth watching progress of this 'point' man:
http://www.immigrationboards.com/irelan ... 94293.html