Spouse Visa

[Mava14]

Hello everyone,

I hold an indefinite leave to remain in the UK and my husband is a german citizen and we have a baby girl who was born in germany and has a german passport.at the moment we live together in Germany and I do hold a German residency permit . However,We would like to back to the UK now to live there with my family.

So , is spouse Visa is the only way in our situation??
And what about my daughter isn’t she eligible to stay and live in the UK with me with out applying for a ViSA.

Any help would be appreciated
M

[secret.simon]

what about my daughter isn’t she eligible to stay and live in the UK with me with out applying for a ViSA.

Nope.

The general rule for children born outside the UK to non-British citizen parents is that the child follows the same immigration pathway as the second (less-privileged) parent. The child will need to apply for the same visa as the second parent and will need to apply for ILR with them, before registering as a British citizen when at least one parent has become or is applying to become a British citizen.

Had the child been born in the UK, they would have been either a British citizen automatically (if you had ILR on the date of the child's birth) or would have been entitled to register as a British citizen when you acquired ILR.

If your German spouse does not have pre-settled status in the UK, then yes, you will need to sponsor them on a spouse visa, meeting the usual requirements of an Minimum Income Requirement of £22,400 per annum (as you are applying for a spouse + child), English language test, etc.

Alternatively of course, you could look at moving to Germany. German and EU law place much more emphasis on the unity of the family, whereas the UK's approach is that if you want to live with your non-British family, you can look at living with them abroad.

That applies even to British citizens. See this thread of a British citizen trying to sponsor their wife from Turkey.

[Mava14]

Good Morning( secret.simon ) and thank you very much for ur replay , it really helped

If your German spouse does not have pre-settled status in the UK, then yes, you will need to sponsor them on a spouse visa, meeting the usual requirements of an Minimum Income Requirement of £22,400 per annum (as you are applying for a spouse + child), English language test, etc.

I have read on the gov.uk website that if a child is an EU citizen I don’t have to prove the extra money!

And May I ask you if I was for example receiving a carer’s allowance this will exempt me of meeting the minimum income requirements??

Alternatively of course, you could look at moving to Germany. German and EU law place much more emphasis on the unity of the family, whereas the UK's approach is that if you want to live with your non-British family, you can look at living with them abroad.

Well ,yes Thats what I exactly did and having a german residency was easy for me to get .

[secret.simon]

I have read on the gov.uk website that if a child is an EU citizen I don’t have to prove the extra money!

Can you provide a link for that information?

You don't have to include UK citizen children in the calculation nor EU citizen children who already have pre-settled status (because they have already got a visa/leave to remain of their own). Your EU citizen child will not have pre-settled status (as its EU citizen parent does not have it either).

And May I ask you if I was for example receiving a carer’s allowance this will exempt me of meeting the minimum income requirements??

Yes, if you are in receipt of carer's allowance, you will be exempt from the Minimum Income Requirement, but you will still need to demonstrate adequate maintenance and accommodation (which factors in your nett income-the MIR factored in your gross income-, the cost of your accommodation, and how much Income support a British family of the same size as yours would get).