SS route possible if changed status from work to study?

[night_star]

Hi all,
Many a times I have received useful advise from this board, therefore I cannot thank enough the help provided by this community. My question today is with regards to a short visit that myself and my dependent spouse wants to make. Currently, we are both in Germany where I am employed, she is not working here and we both are residents in Germany in the same house. I have British passport, my spouse is Nepali but currently on a temporary Residence card on paper issued by the German authorities. Basically, I am exercising treaty rights whereby my spouse was granted an Eu-family member dependency status which allowed us to apply for my spouse's German Residence card.
My question is, now if both her and me wish to travel back to the UK for a short visit (10days), does she need to apply for a UK visit visa? Also, does this short visit to UK impact her negatively if later we want to return to the UK permanently via the Surinder Singh route? Just to be clear, we have been resident in Germany for approx. 1.5 months now, and the RC was issued this month only.

Thank you.

[gokulatti]

My question is, now if both her and me wish to travel back to the UK for a short visit (10days), does she need to apply for a UK visit visa? Also, does this short visit to UK impact her negatively if later we want to return to the UK permanently via the Surinder Singh route? Just to be clear, we have been resident in Germany for approx. 1.5 months now, and the RC was issued this month only.

Its not clear to me about your situation, you said temp RC in paper and also RC was issued this month. In any case, Unless she has a Residence CARD which says in clear words " Family member of an EU national" the airlines wont allow her to board the flight to UK. You are british and wife is TCN and you both wish you visit UK, The only way EU law applies to you is by SS, whether it is for a short visit or permanently moving back. Therefore you would have to do a lot of explanation at the UK border to convince them you fulfill the criteria of SS before trying to visit through EU law. Of course if its an urgent trip she can apply under UK law as a visitor.

[waqasars]

Do you have RC card or on paper permission to stay?

[night_star]

My question is, now if both her and me wish to travel back to the UK for a short visit (10days), does she need to apply for a UK visit visa? Also, does this short visit to UK impact her negatively if later we want to return to the UK permanently via the Surinder Singh route? Just to be clear, we have been resident in Germany for approx. 1.5 months now, and the RC was issued this month only.

Its not clear to me about your situation, you said temp RC in paper and also RC was issued this month. In any case, Unless she has a Residence CARD which says in clear words " Family member of an EU national" the airlines wont allow her to board the flight to UK. You are british and wife is TCN and you both wish you visit UK, The only way EU law applies to you is by SS, whether it is for a short visit or permanently moving back. Therefore you would have to do a lot of explanation at the UK border to convince them you fulfill the criteria of SS before trying to visit through EU law. Of course if its an urgent trip she can apply under UK law as a visitor.

Hi gokulatti, thanks for the information. Yes she has a Residence Card issued on the basis of Family member of EU citizen. So I have to still convince them a lot that my spouse can travel with me to UK? Is it better then to apply for a visit visa for her?

[night_star]

Do you have RC card or on paper permission to stay?

She has RC card which they have issued. Thanks. Does she need to apply for visa to visit the UK? I thought she would be classed as someone holding an Article 10 residence card? If not, please advise.


Many thanks

[gokulatti]

Hi gokulatti, thanks for the information. Yes she has a Residence Card issued on the basis of Family member of EU citizen. So I have to still convince them a lot that my spouse can travel with me to UK? Is it better then to apply for a visit visa for her?

If she has the RC (article 10 residence card) that in itself should suffice to be granted entry when she is travelling with you to UK. An Art 10 RC is proof that you as a British are exercising treaty rights which grants residence to your spouse. Since the first 3 months of entry to UK is unconditional which is more than your planned visit for 10 days, you only need to prove you have been working/self-work/ self sufficient with CSI in germany and also rental contract that you actually live together in germany and legalised marriage certificate. You should note that, only the first 3 months entry to UK is unconditional which should cover your "visit" for 10 days. To be safe IF ASKED show them a return ticket to germany and your job contract (if any) that you are only here in UK for 10 days and going back to Germany after. This way, when you do decide to move back permanently through SS, it should be hassle less. Once she is granted entry, they should not stamp her passport since your art 10 card is in itself sufficient and does the same thing.

[night_star]

Thanks Gukulatti. Your advice is much aprreciated.

[night_star]

Dear friends,
One question I have, I recently got an offer from a university in Belgium offering a one year course that I think will really help with my future career. Now, the thing is I am working in Germany currently (originally a British national) with my spouse who is a non-Eu national. Orignally, my plan was to return to the UK via the Surinder Singh route once we have fulfilled the time and working requirements. Now I am still wondering if the Surender Singh route will be difficult/ not possible if I should quit my job for a year, move to Belgium and undertake this course. Can anyone on this forum share their experience about whether it was possible to change status from working to student and upon return to the UK at a later time, the Surinder Singh route was possible to apply for the Non-Eu spouse? Thank you!

[night_star]

I created the second question regarding changing work to study as a separate thread, so not sure why or how these were merged as one thread!
Anyway, anyone who can offer some advice about this? cheers