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Regarding the new financial barrier for families

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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frustratedbrit
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Post by frustratedbrit » Thu Dec 20, 2012 3:33 pm

I totally sympathise with your situation. What I would recommend is forget about a spousal settlement visa, and come over to the UK on a visitor visa. Like you say, you can look for a company willing to sponsor you for a work visa, and with your skills I'm sure you stand a chance. And at least you'll get to live with your partner for 6 months.

Whilst you're over here, another possibility worth pursuing is the "European route" - i.e. your UK partner getting a job in another EEA country (16 hours a week for 3 months is sufficient). European case law stipulates that you must be allowed to join her whilst she's doing that work, and also that you must be allowed to return with her to the UK. Doing so would give you similar rights as you would enjoy under a settlement visa, but there are no fees to pay, no onerous conditions to satisfy and no 3-month waiting time for applications. The question is, can your partner do that (i.e. live in another EEA country for a few months) given her situation?

kindrik
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Post by kindrik » Sun Dec 23, 2012 9:05 am

I am very intrigued. How would this work, or where would I go to look it up?
Or go for more information on it.

I dont understand "why" i must be allowed to join her in ANOTHER eu country, if i cant even join her in england. Am i or would I be on a visitor visa? What kind of visa would she be on? lots of questions to this.

MPH80
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Post by MPH80 » Sun Dec 23, 2012 10:30 am

The simplistic version is that the EU allows free movement for it's citizens - but also provides to protect their private lives. That means that, effectively, the free movement extends to their family members.

Now - when an EU citizen is in their normal country of citizenship (e.g. a UK person in the UK), the local laws apply, which means the UK can apply the rules as it sees fit (within legal boundaries of course).

So if your UK wife moves to another EU country and gets a job there, which - keep in mind might not be easy with language barriers etc (Ireland is the best option due to the predominant language being English - but their employment state isn't good), then you have a free right to come and join her.

Once you've got your family permit, you are then entitled to free movement around the EU with your partner, which includes moving back to the UK.

Weird but true.

M.

Amber
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Post by Amber » Tue Sep 03, 2013 6:56 am

kindrik wrote:Just to make sure im not missing anything.

From what I can tell, my only route into the UK is via Singh, and uprooting my wife and step daughter to Ireland for 6 months.

My wife does not meet the financial requirement of 22,000 pounds per year.

Is singh our only option? Is there some other way I can move to the UK that I am not aware of?
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Amber
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Post by Amber » Fri Dec 20, 2013 8:51 am

kindrik wrote:My british wife and I have recently been married. We are planning a move to Ireland in August.

I will be moving from america, she will be moving from the uk.

I assume, if she arrives first, that I will be able to enter if i show valid documents showing we are married?

And my step daughter, who is 8. We want to bring her obviously, but her birth father refuses. The law states i believe, the child cannot leave the country for more than 30 days at a time. They currently have a verbal agreement that he sees her every other wee for a weekend.

If we flew her back to the UK every other week for a weekend, would that satisfy the law?
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Amber
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Post by Amber » Fri Dec 20, 2013 8:52 am

Why do you/your wife have a financial requirement of £22000? If the child/children are British, the financial requirement will be £18600.
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Casa
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Post by Casa » Fri Dec 20, 2013 9:30 am

For anyone reading this thread and considering the EEA Surinder Singh route...the requirements for this are being made considerably tougher in January 2014.
Amendment to Regulation 9(3)
http://blogs.kent.ac.uk/eu-rights-clini ... ngh-route/

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