Moving Back to UK again from Ireland

[sharmauk]

Hello Board,

Can you please advise me for below queries?

I am British & my wife is an Indian national. After marriage, she came from India to UK in June 2015 on Spouse / CP visa (issued from 20 Mar 2015 to 20 Dec 2017). She has also lived in the UK from June 2015 to Nov 2016. I have worked in the UK for 9 and she 1.5 years (employed as a full time).

In November 2016, we have moved from UK to Republic of Ireland to join new job.

In Ireland, she has “Residence Card of a Family Member of a Union Citizen (Stamp 4EUFam visa - valid for 5 years (15 May 2018 to 26 July 2022). [She is not working in Ireland].

Now we want come back to UK to settle permanently (I have job offer in the UK). We want to move in mid-April (new job joining date 1st week of May).

Therefore, my queries are:

Which category visa I need to apply for her?

To enter her in the UK do I need first EEA family permit followed by Residence card (as per Surinder Singh route back to the UK under the EEA rules and not the UK Immigration rules). “As UK is leaving European Union is this a best route”?

Is Surinder Singh route valid post Brexit (Mar 2019)?

Or

Will she need spouse visa?

For spouse visa:

Do I need to come UK first as alone to start job and arrange six months pay slips and bank statements etc? After that make a spouse visa application, (it means she has to live alone in either Ireland or India / outside to UK)?

As she came on spouse visa in June 2015 from India, at that time I was in the UK itself was working full time and I had all the supporting documents like pay slips, bank statements, rental proof etc. But in current scenario Sponsor is not in the UK (I am currently working in Ireland / overseas) and applicant (my wife) is with me here in Ireland, can I make spouse visa application or not (or I need to come UK first and do all the formalities).

I have been working with my current employer since last 16 months and I have job offer back in the UK, which can be started with in the three months. This can be a base to apply spouse visa?

What are the financial requirements I need to fulfill for spouse visa application?

Which form I need to fill?

Note: My baby was born in Ireland in April 2017 (she has British passport).

https://assets.publishing.service.gov.u ... _Final.pdf

5.2. Category A: With current employer for 6 months or more – overseas sponsor returning to the UK

5.2.1. Where the applicant’s partner is returning with the applicant to the UK to work, they must meet two requirements to rely on Category A: • First, the applicant’s partner must be in employment at the date of application and have been with the same employer for at least 6 months prior to the date of application. They must have been paid throughout that period of 6 months at a level of gross annual salary or income which equals or exceeds the level relied upon in the application. Their gross annual salary or employment income can be combined with any or all of the sources at section 5.1.6. in order to meet the financial requirement. So, again, income under Category A can be combined with Category C: non-employment income, Category D: cash savings and Category E: pension if necessary to meet the financial requirement.

As with employment in the UK, gross income from non-salaried employment held throughout the 6 month period will be calculated on the basis set out in section 5.1.4.).

• Second, the applicant’s partner must also have a confirmed offer of salaried or nonsalaried employment in the UK, starting within 3 months of their return. This must have a gross annual starting salary (or in-non salaried employment a gross annual income from that employment, based on the rate or amount of pay and the standard or core hours to be worked provided by the employer in evidence) sufficient to meet the financial requirement, alone or in combination with any or all the sources at section 5.1.4. (Category C: non-employment income, Category D: cash savings and Category E: pension).

5.2.2. Where the applicant’s partner is returning with the applicant to the UK to salaried or nonsalaried employment, and is in self-employment outside the UK, they must meet the first requirement in section

5.2.1. through their self-employment income (see section 9 of this guidance for how this income is calculated). The second requirement, regarding a confirmed job offer in the UK, must be met on the basis set out in section 5.2.1.

Many thanks

[shargaur]

Sharma ji, why you making it so complex.

You and your wife are living are in martial relationship. Since you are UK citizen, you can't get the EU settled status for your wife - you can try though. It's free and won't cost you anything. They usually issue it within 2 weeks. Surender singh route is not valid for you.

If you decide to go via spouse settlement visa - then you have to prove the financials under category A (salary from same employer for more than 6 months). I am not sure of the financial requirements on top of my head but it will be for your spouse and dependent child.

Visa4UK website for filling the form. VAF Appendix 2 for financial requirements.

[sharmauk]

Hi Shargaur,

Thanks for your reply.

Regarding spouse visa VAF4A Appendix 2 form

Since I have been working in Ireland from Nov 2016 and currently not settled in the UK, so which column should I tick (but I have job offer back in the UK)

You MUST also complete and submit the main Personal Details Form (VAF4A). Failure to do so will delay your application.

On what basis are you going to the UK? Put a cross (x) in the relevant box

1. As the spouse or civil partner of someone settled in the UK.
2. As the child of a parent who is applying for entry clearance as a partner or the child who is applying to join their parent who is already in the UK and has been granted limited leave as partner granted under the Immigration Rules in force on 09 July 2012.
3. As the fiancé(e) or proposed civil partner of someone settled in the UK.
4. As the unmarried or same sex partner of someone settled in the UK.
5. As the Post Flight family member (spouse or civil partner, unmarried or same-sex partner, fiancé(e) or proposed civil partner or child) of someone with limited leave to enter or remain in the UK as a refugee or is the beneficiary of humanitarian protection.

Please advise.

Thanks

[shargaur]

As the spouse or civil partner of someone settled in the UK is a right choice

Settled in UK as per UKVI is one who has no limit on stay in UK, according to HMRC is one who has lived in UK more than 180 days.

[sharmauk]

ShargaurJi,
Thanks for your continuous guidance.
IfI understood correctly you are trying to say in the form tick option 1 i.e
1. As the spouse or civil partner of someone settled in the UK.
Settled in UK as per UKVI is one who has no limit on stay in UK, according to HMRC is one who has lived in UK more than 180 days. Is this a base to tick option 1.

In the form column 1.8: How do you keep in touch with your sponsor?
My answer: Me and wife are living together in Ireland

Please advise

Many thanks

[shargaur]

Yes, just write you live together in Ireland.