Advice needed for me & my Gambian husband

[MrsDarboe]

I've read quite a few posts on here and although the information has been great, I'm still not clear on the best way to go about my situation! Now I apologise for the long message, I just have so many questions!

I have spoke to an immigration office (locally) but they only gave me minimum information & hardly any time (because I can't afford to buy it).

I (being a Uk citizen) recently got married to a man from/in The Gambia. I have looked into applying for the settlement visa but I wouldn't qualify as I only earn just over £14,000PA. Also, I don't have any savings currently & have around £2000 in debt(I am working on this). I work odd hours (contracted to 40 a week) & have asked for more but they can't guarantee this every month. And because of my hours, I couldn't get a second job easily.
Obviously this is ideally what we would want to apply for but I have been advised not to for the above reason. I don't want him to apply for a settlement visa if it just means him losing money on applying. Has anyone heard of anyone in a similar position who have been granted a settlement visa?

Do the British Consulate in Gambia decide the fate of visa's or is it sent to England to be reviewed?

The other visa we could go for is the visit visa, but I'm unclear if I need to have savings in my account for him to beable to apply for this once I send him an invite & other paperwork he may need. Once he has this (for however many months, provided he has been approved), what would happen if A) I was to become pregnant (not something that is easily considered/do-able) &/or B) He was to overstay. Would he then beable to apply for another type of visa & if so, which?

I have been told to look at something called the Surinder Singh Case. I have been looking this up and this seems to be our "easiest" option to have him with me full time. I already have a PPS number for Ireland as I lived there some years ago & I only speak English. My dad currently lives in Dublin and has done for 15 years but I don't believe he has applied for an Irish passport. What I need to know is, if we did end up taking this route, what type of visa would he need to apply for to beable to be let into Dublin, Ireland. Would he beable to come with me from the Uk (if we were to go whilst he is on a visitors visa) or does he need to enter from Gambia or can we try another european country? Is there any type of requirement that I need to meet to get him there? Am I right in thinking, to exercise my EU treaty rights, I just need to get a job & live there (with proof) for 6 months & then we can both fly back to Gatwick & walk through with no problems? Does it have to be for this long or can it be for a shorter period of time? I know we would need to apply for an EEA permit, could we do that upon arriving into Dublin or before we leave?

I desperately want to be with my husband & if i had the choice to up & leave to live in Gambia, I would.

[reabs]

Wow, you do have a few questions there huh? I'll just give my thoughts on the ones I'm comfortable with and leave the others for those with more knowledge on the workings of INIS.

Has anyone heard of anyone in a similar position who have been granted a settlement visa?

Unless exempt (see 3.6.1 of annex FM (1.7)) or there are exigent mitigating circumstances, there is very little wriggle room on the financial requirement. Rather than ask for more hours, could you not work fixed hours and then get a second job? Harder still would be to retrain for a higher paying career? My advice would be not to throw away the money on this application type until the req. is met.

Do the British Consulate in Gambia decide the fate of visa's or is it sent to England to be reviewed?

It will be decided in Gambia. Only complex or sensitive cases are referred to the Home Office.

The other visa we could go for is the visit visa, but I'm unclear if I need to have savings in my account for him to beable to apply for this once I send him an invite & other paperwork he may need.

As you are sponsoring his visit, you would need to show that you are capable of meeting the expenses without recourse to public funds. Evidence of savings/adequate income would be required.

what would happen if A) I was to become pregnant (not something that is easily considered/do-able) &/or B) He was to overstay. Would he then beable to apply for another type of visa & if so, which?

If you were to become pregnant, things could become even more complex. You could apply for FLR(M) but the financial req. would still be there only higher because there is now a child dependent in the picture. A good immigration lawyer (not cheap) would be needed for a DLR (s.55?) FLR(O) application.

As for overstaying, don't go there if you can avoid it...it would only weaken the chances of success and/or make the climb far steeper.

what type of visa would he need to apply for to be able to be let into Dublin, Ireland.

You've done your homework. You can exercise your EU treaty rights and settle in Ireland. He would then be able to apply for a EEA family permit and join you. A UK visit visa would not get him into Ireland (not legally at least). He would be required to apply from his home country. A cautionary note - INIS and UKBA amongst other Euro Immi agencies look out for cases where applications are made that prima facie appear to be an attempt to circumvent the rules i.e. application made in Ireland to facilitate UK entry and vice versa. People have had refusals on this basis. Probably best to stay in Ireland for a while before applying for EEA family rather than going for it as soon as you land there. Indeed both agencies are keenly aware of the case referred to (Regina v Immigration Appeal Tribunal and Surinder Singh, Ex parte Secretary of State for the Home Department - European Court of Justice, Luxembourg, 7 July 1992) and I'm sure will do all they can to bugger up attempts to use this pathway.

I desperately want to be with my husband & if i had the choice to up & leave to live in Gambia, I would.

I don't see why that choice should be closed to you. If you can't be together in the UK/Ireland, you could do far worse than Gambia. With a little bit of networking, you could find work and live a happy life there - at least it's not -5°C 6 months of the year.

[vinny]

See also A way to legally circumvent new immigration rules.

[MrsDarboe]

Thank you Reabs & Vinny for replying, I thought maybe my post had been missed so thank you!!!

Wow, you do have a few questions there huh?

Yeah there were a few questions to ask - which always lead to more, so I'm sorry! I just want a clear understanding before starting the process for which ever route we take.

Rather than ask for more hours, could you not work fixed hours and then get a second job? Harder still would be to retrain for a higher paying career? My advice would be not to throw away the money on this application type until the req. is met.

I kinda do work fixed hours but I work splits so I work 8-12 then 4-8 normally (this varies by half an hour to an hour depending on the company needs)and then I'm on call every other weekend :S I'm thinking, can I still work for my Uk company AND then work part-time for an Irish company? Would this still be seen as exercising my EU treaty rights?
I've worked for the same company for 6 years, doing the same (mundane) job and I've never really done anything else so I don't think it would be easy to find a higher paid job. Plus with this, I'm safe for a job (or at least I feel relatively safe!!)

It will be decided in Gambia. Only complex or sensitive cases are referred to the Home Office.

I was told yesterday that it would be Gambia/Ghana that decide the outcome of any visa application & I'm not sure if that would benefit us, I'd hope so?!

As you are sponsoring his visit, you would need to show that you are capable of meeting the expenses without recourse to public funds. Evidence of savings/adequate income would be required.

How much would you suggest would be enough? I mean, how long would they normally grant even? I so don't have a clue about any of this so I can only apologise for my lack of knowledge.

If you were to become pregnant, things could become even more complex. You could apply for FLR(M) but the financial req. would still be there only higher because there is now a child dependent in the picture. A good immigration lawyer (not cheap) would be needed for a DLR (s.55?) FLR(O) application

Yeah I thought as much. As I said, its not something that would be easily considered or done as I want time with him before being anyone else into the equation!

As for overstaying, don't go there if you can avoid it...it would only weaken the chances of success and/or make the climb far steeper

I don't want him to do anything illegally which is why I'm trying to find another option to have him here with me.

You've done your homework. You can exercise your EU treaty rights and settle in Ireland. He would then be able to apply for a EEA family permit and join you. A UK visit visa would not get him into Ireland (not legally at least). He would be required to apply from his home country. A cautionary note - INIS and UKBA amongst other Euro Immi agencies look out for cases where applications are made that prima facie appear to be an attempt to circumvent the rules i.e. application made in Ireland to facilitate UK entry and vice versa. People have had refusals on this basis. Probably best to stay in Ireland for a while before applying for EEA family rather than going for it as soon as you land there. Indeed both agencies are keenly aware of the case referred to (Regina v Immigration Appeal Tribunal and Surinder Singh, Ex parte Secretary of State for the Home Department - European Court of Justice, Luxembourg, 7 July 1992) and I'm sure will do all they can to bugger up attempts to use this pathway.

I've tried to do as much homework as possible! lol. Again, I can only apologise for the amount of questions I have for you all!! Would I need to be in Ireland before he can apply & then do I need to be working there before? You say they look out for this route being used, how would they do this? Is it possible I'd need to be in Ireland for longer then 6 months?

I don't see why that choice should be closed to you. If you can't be together in the UK/Ireland, you could do far worse than Gambia. With a little bit of networking, you could find work and live a happy life there - at least it's not -5°C 6 months of the year.

At this moment it is closed as I want to pay off my debt & save to finally beable to go out there with no worries! lol. I mean, I don't know if that'd ever be possible, but I bloody hope so.

Thanks again for all the advice given!!

[Amber]

I've read quite a few posts on here and although the information has been great, I'm still not clear on the best way to go about my situation! Now I apologise for the long message, I just have so many questions!

I have spoke to an immigration office (locally) but they only gave me minimum information & hardly any time (because I can't afford to buy it).

I (being a Uk citizen) recently got married to a man from/in The Gambia. I have looked into applying for the settlement visa but I wouldn't qualify as I only earn just over £14,000PA. Also, I don't have any savings currently & have around £2000 in debt(I am working on this). I work odd hours (contracted to 40 a week) & have asked for more but they can't guarantee this every month. And because of my hours, I couldn't get a second job easily.
Obviously this is ideally what we would want to apply for but I have been advised not to for the above reason. I don't want him to apply for a settlement visa if it just means him losing money on applying. Has anyone heard of anyone in a similar position who have been granted a settlement visa?

Do the British Consulate in Gambia decide the fate of visa's or is it sent to England to be reviewed?

The other visa we could go for is the visit visa, but I'm unclear if I need to have savings in my account for him to beable to apply for this once I send him an invite & other paperwork he may need. Once he has this (for however many months, provided he has been approved), what would happen if A) I was to become pregnant (not something that is easily considered/do-able) &/or B) He was to overstay. Would he then beable to apply for another type of visa & if so, which?

I have been told to look at something called the Surinder Singh Case. I have been looking this up and this seems to be our "easiest" option to have him with me full time. I already have a PPS number for Ireland as I lived there some years ago & I only speak English. My dad currently lives in Dublin and has done for 15 years but I don't believe he has applied for an Irish passport. What I need to know is, if we did end up taking this route, what type of visa would he need to apply for to beable to be let into Dublin, Ireland. Would he beable to come with me from the Uk (if we were to go whilst he is on a visitors visa) or does he need to enter from Gambia or can we try another european country? Is there any type of requirement that I need to meet to get him there? Am I right in thinking, to exercise my EU treaty rights, I just need to get a job & live there (with proof) for 6 months & then we can both fly back to Gatwick & walk through with no problems? Does it have to be for this long or can it be for a shorter period of time? I know we would need to apply for an EEA permit, could we do that upon arriving into Dublin or before we leave?

I desperately want to be with my husband & if i had the choice to up & leave to live in Gambia, I would.

Do you own your own car? Do you own your house (or mortgaged)? and Are the debts unsecured i.e. personal loans and credit cards? Also, are you disabled or is any of your family disabled and receiving a disability benefit I.e. old relative?

[MrsDarboe]

Do you own your own car? Do you own your house (or mortgaged)? and Are the debts unsecured i.e. personal loans and credit cards? Also, are you disabled or is any of your family disabled and receiving a disability benefit I.e. old relative?

Thanks for the response

I don't drive, I rent my flat from an estate agents & the debts I have are all unsecured, credit card, catalogues etc. I'm not disabled. I don't know if any of my nans receive this sort of benefit, my uncle might? I know he used too. I live quite far from them & have done for some time so not sure about there benefits.

[Amber]

Do you own your own car? Do you own your house (or mortgaged)? and Are the debts unsecured i.e. personal loans and credit cards? Also, are you disabled or is any of your family disabled and receiving a disability benefit I.e. old relative?

Thanks for the response

I don't drive, I rent my flat from an estate agents & the debts I have are all unsecured, credit card, catalogues etc. I'm not disabled. I don't know if any of my nans receive this sort of benefit, my uncle might? I know he used too. I live quite far from them & have done for some time so not sure about there benefits.

If you can get your debts down to £15000 then consider a debt relief order to have them wiped. The reason I asked about disability benefits is, if you can get carer's allowance then your are exempt from the new financial requirements. Though, with carer's allowance you can only earn £100 net per week. Not that I am suggesting it, if you were to be claiming carer's allowance when you applied and then the claim stopped after the spouse visa was granted it would next be viewed after 2.5 years when you applied for the extension.

[MrsDarboe]

If you can get your debts down to £15000 then consider a debt relief order to have them wiped. The reason I asked about disability benefits is, if you can get carer's allowance then your are exempt from the new financial requirements. Though, with carer's allowance you can only earn £100 net per week. Not that I am suggesting it, if you were to be claiming carer's allowance when you applied and then the claim stopped after the spouse visa was granted it would next be viewed after 2.5 years when you applied for the extension.

I think you misread my first post, I only owe around £2000, maybe a little more. Unfortunately, where I live I don't know anyone that is disabled or claiming disability benefits. I've never claimed benefits & have always worked. Its an interesting idea though. How long would one need to be receiving this benefit before and after an application is made?

[Amber]

If you can get your debts down to £15000 then consider a debt relief order to have them wiped. The reason I asked about disability benefits is, if you can get carer's allowance then your are exempt from the new financial requirements. Though, with carer's allowance you can only earn £100 net per week. Not that I am suggesting it, if you were to be claiming carer's allowance when you applied and then the claim stopped after the spouse visa was granted it would next be viewed after 2.5 years when you applied for the extension.

I think you misread my first post, I only owe around £2000, maybe a little more. Unfortunately, where I live I don't know anyone that is disabled or claiming disability benefits. I've never claimed benefits & have always worked. Its an interesting idea though. How long would one need to be receiving this benefit before and after an application is made?

Sorry I thought you'd wrote 20000, in such case you can possibly get a debt relief order now you can call the national debt line as they can do them over the phone.

Regarding benefits the requirement is your are receiving carers allowance a letter from the dwp and that you have at least one bank statement in the last 12 months shows payment of carer's allowance. The claim could stop as soon as your partner is here on the spouse visa. I think it is very good how some people take a month off work to look after a sick relative and only be paid carer's alleance and work earning £100 Net per week, though there is some paperwork involved, it is very admirable.

[MrsDarboe]

Sorry I thought you'd wrote 20000, in such case you can possibly get a debt relief order now you can call the national debt line as they can do them over the phone.

Regarding benefits the requirement is your are receiving carers allowance a letter from the dwp and that you have at least one bank statement in the last 12 months shows payment of carer's allowance. The claim could stop as soon as your partner is here on the spouse visa. I think it is very good how some people take a month off work to look after a sick relative and only be paid carer's alleance and work earning £100 Net per week, though there is some paperwork involved, it is very admirable.

You are a wealth of information, thank you!!

Hmm....I'm going to seek out the disabled people in my friends lives!! lol. I think any route me & my heart will take will involve a lot of paperwork

Thanks for your suggestions! Any more 's, let me know!!

[reabs]

This is a catch 22 that has many British citizens at the end of their tether. Just today I was talking to a doctor (female) who is British and has a non-EEA son that she would like to bring over from India to stay with her permanently. As he is above 18 and not dependent on her (he is also a doctor), there is practically no way for her to do this. She does however have the option of going over to Ireland with her son and working over there for a while which would get him an EEA family permit. They can then return to the UK after a brief sojourn and he would retain EEA family status and eventually permanent residence - again using case C-370/90 (Regina v Surinder Singh). At the moment, she is going to get him over on a student visa so that he can get his post-grad med. qualifications and then ponder the future.
Hope it all works out for you.

[prince.07]

Hello all.

Please, i need advice on my situation.

Am in UK on 6mths family visit visa to my British wife who we are legally married. She is pregnant at the moment. The visa runs out in August.

My wife is receiving disability and carer allowances.

I am contemplating applying for spouse visa from inside or outside UK.

1. What documents should i as applicant get in place or proof to the ECO?
2. What will be the best time for me to depart UK?
3. What other visa options is applicable to me.

Thank you all.

[MPH80]

A few posts ago - your wife (who is now apparently british) was here on a visitor visa.

Which is it?

[prince.07]

Am writing for my friend who has no account on forum and i write it unedited.

Thanks for your response.

[MPH80]

So which one is you?

Please, if you are going to post for a friend, say that at the start - it makes life a lot easier.

And in either case - please carry on in one of your earlier threads and don't hijack this persons.

[prince.07]

The first post is mine. I should have said its for friend, sorry.

[Brigid from Ireland]

Hello to Mrs Darboe

It is legal to work in both England and Ireland at the same time.

So if your boss allowed you to work weekends only in the UK (or 4 days together) you could work another day or two in Ireland. Some Irish nurses do this anyway, as work is difficult to get in Ireland, and easy to get in the UK, so they work in the UK for their main income, but they want a job in Ireland in the long term, so they work agency work in Ireland to gain a reference and a better chance of getting a full time job in Ireland.

I am not sure how immigration would view this in terms of getting a visa for your spouse. I suspect that if you could show payslips from an Irish employer and send these with the application for a spousal visa, you would have a very good chance of getting a visa for him to come to Ireland. Then you work one or two days a week in Ireland and after six or so months he can look for a UK visa.

[MrsDarboe]

Hello to Mrs Darboe

It is legal to work in both England and Ireland at the same time.

So if your boss allowed you to work weekends only in the UK (or 4 days together) you could work another day or two in Ireland. Some Irish nurses do this anyway, as work is difficult to get in Ireland, and easy to get in the UK, so they work in the UK for their main income, but they want a job in Ireland in the long term, so they work agency work in Ireland to gain a reference and a better chance of getting a full time job in Ireland.

I am not sure how immigration would view this in terms of getting a visa for your spouse. I suspect that if you could show payslips from an Irish employer and send these with the application for a spousal visa, you would have a very good chance of getting a visa for him to come to Ireland. Then you work one or two days a week in Ireland and after six or so months he can look for a UK visa.

Hey Brigid, thanks for your response I have read some of the replies you have put in the Ireland part of the forum & you seem to know your stuff!!

We've decided were going to go ahead and use the Surinder Singh route! And I have chased up with my company whether I can work for them still over here whilst I get a full time job in Ireland. I'm a teleworker so I'm hoping all would be okay! I'd work for the Uk co. only part time (enough to cover my bills in England) & the Irish co. full time to cover rent etc there.

Am I right in thinking he will need to apply for a short stay visa for Ireland via the New York office (http://ireland.visahq.com/embassy/Gambia/) & then it can be extended after 3 months in Ireland? I'm hoping to spend as little time in Ireland as possible! I enjoyed it when I lived there 10 years ago but I got home sick after 18 months!

Also, there is no direct flight from Gambia to Ireland...will he have hassle in Spain when trying to go to Ireland? (The majority of the flights pass through Spain).

I'm sure I'll have more questions for you too but I'll leave it at that for now!!

Thanks in advance for your help!

[Brigid from Ireland]

Not sure on visa - post that Question in the Ireland forum.

I do know that you have three months to get a job in Ireland, and if you are working he should get his stamp 4EU fam with no difficulty.

Question for you: Will you be living in Ireland and working for your UK employer from an Irish address? If yes (or even if no), do they have offices in Ireland and if so would they be willing to pay your salary in euro through the Irish tax system? If your UK employer has an Irish base and is willing to pay your tax through Ireland then you are already sorted for a job here (unless you need extra money). That would be the cleanest system, as I would worry that holding onto the job in the UK could prevent you from getting migrant worker rights here.

[MrsDarboe]

Not sure on visa - post that Question in the Ireland forum.

I do know that you have three months to get a job in Ireland, and if you are working he should get his stamp 4EU fam with no difficulty.

Question for you: Will you be living in Ireland and working for your UK employer from an Irish address? If yes (or even if no), do they have offices in Ireland and if so would they be willing to pay your salary in euro through the Irish tax system? If your UK employer has an Irish base and is willing to pay your tax through Ireland then you are already sorted for a job here (unless you need extra money). That would be the cleanest system, as I would worry that holding onto the job in the UK could prevent you from getting migrant worker rights here.

I certainly will do, I have been reading some other posts too & from what I understand. We should apply for a short term C visa & then we can get a EUfam4 stamp (after 3 months in Ireland providing I am working). After then we can apply for a EEA FP using the SS route to come back to England. Do I apply for the EEA FP in Dublin?

Does anyone know the timescale of applying & receiving a EEA FP for the UK whilst in Ireland?

I found out this afternoon that I won't beable to work in Ireland for my UK employer. They don't have an office in Ireland unfortunately, but on the plus side, I'll have had 6+ years of CS/telephonist experience in my pocket so I hope this helps with getting a job before I leave England!

[scotsgal]

may I ask did u marry yr husband in Gambia ? huge cost yes
my fiance and i been together for 2 years and we just bee turned down
for visit visa to uk so he could be here xmas
we devastated

any advice would help thank

[MrsDarboe]

Yes we married in Gambia. I move to Dublin in 2 weeks!

Never give up! We were turned down for a visit visa but I expected it so weren't to disappointment. Move to another EU country if you are a EU national & you can both be together. You must be working within 3 months mind but you can apply for an EEA family permit.

[Isha7]

Im in the same sittuation and its seriously begining to stress me and my husband out. He ask me to move there but i will bot due to the fact i have all my family, work and my daughter etc here. Plus to mention there are major struggles there and work is scarse. Im looking at my options and not sure if for the financial evidence i need to have both 16000 saved and earning 18600 every year i will start looking for 2nd job?
Will i have to apply for the visa or will my husband concidering we married in Gambia what documents would i have to send him?
Will it impact my chances that i have a teen daughter?
Do you also know how much legal fees are and fees to apply for the visa as this is confusing for me.
I know i have many questions also i really appriciate what you are doing thank you

[Casa]

Im in the same sittuation and its seriously begining to stress me and my husband out. He ask me to move there but i will bot due to the fact i have all my family, work and my daughter etc here. Plus to mention there are major struggles there and work is scarse. Im looking at my options and not sure if for the financial evidence i need to have both 16000 saved and earning 18600 every year i will start looking for 2nd job?
Will i have to apply for the visa or will my husband concidering we married in Gambia what documents would i have to send him?
Will it impact my chances that i have a teen daughter?
Do you also know how much legal fees are and fees to apply for the visa as this is confusing for me.
I know i have many questions also i really appriciate what you are doing thank you

This thread is almost 4 years old and member MrsDarboe hasn't visited the forum for over 2 years! I suggest you open your own topic and post your questions there.