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What is your wife's immigration status in Spain?biblapmcdantope wrote:Hello,
Can anyone help me with my situation?
I am a UK national living in Spain with my non-EU wife (Japanese). I have lived here for a year and a half and have resident card here (and bills, tenancy agreement and medical registration and so on). Haven’t worked in Spain, or been paid since I’ve been here (living off savings) but am author and have signed a contract for a book (royalties next year).
Questions:
1. Do I have enough for SS route?
2. Do we both need to move back to UK to get EEA1, or can we apply here?
3. How long does it take to get EEA1 and EEA2?
Many thanks for your help everyone!
1) Not as UK recognises SS.biblapmcdantope wrote:Hello,
Can anyone help me with my situation?
I am a UK national living in Spain with my non-EU wife (Japanese). I have lived here for a year and a half and have resident card here (and bills, tenancy agreement and medical registration and so on). Haven’t worked in Spain, or been paid since I’ve been here (living off savings) but am author and have signed a contract for a book (royalties next year).
Questions:
1. Do I have enough for SS route?
2. Do we both need to move back to UK to get EEA1, or can we apply here?
3. How long does it take to get EEA1 and EEA2?
Many thanks for your help everyone!
For future work? Unlikely.biblapmcdantope wrote:Thanks for the replies.
MEMBER: My wife has a five year working visa as spouse of EU resident.
NOAJTHAN: Don’t you think being under contract for work might be enough?
It’s not actually for future work, rather for future pay. I have been doing the work all the time I’ve been here, and at least since I’ve been under contract, I just won’t get paid until next Jan. Do you think I could get through on that?For future work? Unlikely.
In that case, adequate (if not unimpeachable) documentary supporting evidence of this 'genuine and effective' work will be required.biblapmcdantope wrote:Thanks for the help NOAJTHAN,
It’s not actually for future work, rather for future pay. I have been doing the work all the time I’ve been here, and at least since I’ve been under contract, I just won’t get paid until next Jan. Do you think I could get through on that?For future work? Unlikely.
Don't give HO any 'wriggle room' to dispute this - or chances are that they will.Haven’t worked in Spain, or been paid
Well I have that.In that case, adequate (if not unimpeachable) documentary supporting evidence of this 'genuine and effective' work will be required.
No, I haven’t my employers are in the UK.For example you would probably fail on this basis:
Haven’t worked in Spain, or been paid
I’ll have to. I have no evidence of having worked or been paid here, as I haven’t. But my ‘circle of life’ has demonstrably been here.Don't give HO any 'wriggle room' to dispute this - or chances are that they will.
So I can hope?At least your length of time in Spain should help in meeting the UK's centre of life test.
Its not an open and shut case.biblapmcdantope wrote:Thank you again.
Well I have that.In that case, adequate (if not unimpeachable) documentary supporting evidence of this 'genuine and effective' work will be required.
No, I haven’t my employers are in the UK.For example you would probably fail on this basis:
Haven’t worked in Spain, or been paid
I’ll have to. I have no evidence of having worked or been paid here, as I haven’t. But my ‘circle of life’ has demonstrably been here.Don't give HO any 'wriggle room' to dispute this - or chances are that they will.
So I can hope?At least your length of time in Spain should help in meeting the UK's centre of life test.
You could strengthen your case by taking up some work or self-employment in Spain for a few months.biblapmcdantope wrote:I see. You’ve been really, really helpful. Thank you so much.
Which treaty right does Spain believe you're exercising? Or have they not categorised you?biblapmcdantope wrote:Thanks for the replies.
MEMBER: My wife has a five year working visa as spouse of EU resident.
I’m not sure I understand this question! It was a right bloody hassle getting her res card though.Which treaty right does Spain believe you're exercising? Or have they not categorised you?
Oh I see. B. Self-sufficient. Had to show bank records etc. Might this be relevant?Do you know which right Spain deemed you to have been exercising?
noajthan wrote:You could strengthen your case by taking up some work or self-employment in Spain for a few months.biblapmcdantope wrote:I see. You’ve been really, really helpful. Thank you so much.
No chance! We won’t be taking it to the european court or appealing. Sod thatYou'll have to take your case as far as the European Court of Justice.
Well she was once a student in the UK, with a legal student visa.Your wife may also fall foul of the proposed change to the citizens' directive, excluding "spouses who had no prior lawful residence in a Union state before marrying a Union citizen".
Is it not possible, you think, just for me to get a job here and do the standard SS route?There are no details on the change; your wife's exclusion would be collateral damage, and would depend on the precise wording of the change. I don't know what happens if the European law on which you depend is removed during your appeal.
Eh? I’ve never heard of this. Any details? We could intend to live in the UK until death us do part… I mean how do you measure intention?If you're planning on raising a family, you should also consider (perhaps you already have) using the 10-year settlement route because of irregular earnings. Possibly you're disqualified because you two don't intend to live in the UK until death do you part.
That would work with no rule changes - though presumably it will slow your writing down. From what you've said, you may escape the collateral damage of the rule changes. Moreover, the rule change might not get through the European Parliament, or the UK may vote to leave and the changes not happen - though with Dutch (probable) and Danish (certain) support, they may happen regardless.biblapmcdantope wrote:Is it not possible, you think, just for me to get a job here and do the standard SS route?
It's in Rules E-ECP.2.10 and E-LTRP.1.10 in Appendix FM of the Immigration Rules, which I presume you have anticipated problems with. I haven't heard of any actual problem over long-term intentions; I presume it's part of a policy of discouraging the honest and responsible.biblapmcdantope wrote:Eh? I’ve never heard of this. Any details? We could intend to live in the UK until death us do part… I mean how do you measure intention?Possibly you're disqualified because you two don't intend to live in the UK until death do you part.
Which rule changes are these?That would work with no rule changes - though presumably it will slow your writing down. From what you've said, you may escape the collateral damage of the rule changes.
Well I’m not sure what this is, so haven’t investigated it. What is the ‘long-term settlement’ route?It's in Rules E-ECP.2.10 and E-LTRP.1.10 in Appendix FM of the Immigration Rules, which I presume you have anticipated problems with.
As part of the negotiations with Britain over EU membership terms prior to the forthcoming leave/remain referendum, the Commission has proposed that, if Britain votes to remain, changes will be made to the Citizens' Directive, which is often a key part of the Surinder Singh route. The key idea is that one will not be able to use it to enter the EU, but the scope of the changes as announced is wider. See the link I posted in this thread yesterday for a discussion and for references to the key documents and public statements. As I warned, we don't know what the precise changes will be, but a lot of people are worried.biblapmcdantope wrote:Which rule changes are these?That would work with no rule changes - though presumably it will slow your writing down. From what you've said, you may escape the collateral damage of the rule changes.
It's the normal 'family route'. It assumes that spouses are immigrating to the UK, rather than moving around the world with their spouses. It's expensive, because it assumes the immigrant family members will benefit financially by being allowed to work in the UK. Naturalisation is available at the end of the process, but I suspect that does not appeal to your wife. Not only is the 'family route' more expensive than the 'EEA route', but it also has greater restrictions on which family members are allowed in.biblapmcdantope wrote:Well I’m not sure what this is, so haven’t investigated it. What is the ‘long-term settlement’ route?It's in Rules E-ECP.2.10 and E-LTRP.1.10 in Appendix FM of the Immigration Rules, which I presume you have anticipated problems with.
To have any chance of complying with the UK's non-'EU law compliant' wrapper around Surinder Singh you will need to return to UK having been a worker or self-employed.biblapmcdantope wrote:So, to conclude, my best chance is to take a job here and go Surinder Singh, and try and get that through before the rules change? Which might be some time after the summer?