Expired Family Permit - Living abroad atm

[richiesuk]

dear all,

I am a dual (Hugarian-British) citizen /gained my brit citizenship in 2016/ and my wife is from Peru.
here is our story so far:

-I lived in UK when I met my wife in Peru.

-We failed the spouse visa back in 2018 due to doing the wrong type of IELTS language exam.
After I left UK the Lounes case was implemented.

-She re did the right exam, but in the mean time I got an opportunity in Malta so we moved there.
She got a maltese Resident Card (family reunion) valid for 5 yrs

-My work contract expired in Malta recently and we had to move.

-We managed to qualify for family permit (SS route) which will expire on 4th November 2019.

-Got a job in NL and due to Brexit kerfuffle we decided to move there.

-She is 32 weeks pregnant now and she had some issues with the pregnancy, and we decided to moved back to Hungary in order to have my family around my wife, before and after of the birth.
She applied for the hungarian resident card.

-we went to UK just for a weekend and they stamped her FP and the immigration officer was super nice to us (saying that we have to go to the post office for the RP, etc)


What possibilities we have if we still want to live in UK after the birth of my child?
My son will be British-Hungarian citizen also.

if there is a deal with EU:
Can my wife come to UK with EU resident card and apply for settlement?
The fact that we did not use the FP is it a bad thing? Would this help if we wanted to apply again?

is it possible to do the Lounes route?

I lost confidence in Lawyers, most of them said, we would not qualify for SS either after the failed visa history.


thanks a lot,
Regards,
Richard

[richiesuk]

has anybody got any advice/suggestion on this case?
thanks

[richiesuk]

hello all,

is this really that difficult query / route?

how could I get help?

much appreciated,

thanks

Richard

[BellaKris]

hello all,

is this really that difficult query / route?

how could I get help?

much appreciated,

thanks

Richard

Hi Richard, Are you in UK now and where is your wife based now? Give me this information and then I can offer my advice. Thanks

[richiesuk]

helllo,

we are in Hungary atm.


much appreciated,
thanks

[richiesuk]

thanks

hello all,

is this really that difficult query / route?

how could I get help?

much appreciated,

thanks

Richard

Hi Richard, Are you in UK now and where is your wife based now? Give me this information and then I can offer my advice. Thanks

[BellaKris]

thanks

hello all,

is this really that difficult query / route?

how could I get help?

much appreciated,

thanks

Richard

Hi Richard, Are you in UK now and where is your wife based now? Give me this information and then I can offer my advice. Thanks

thanks

Hi Richie,
My best advice will be that you both apply for settlement under the Surinder Singh route and see if it is possible. Your wife should have no problem getting a visa and I wonder why she has not applied for one since, as the FP should not be a problem. This is only my advice as you have British Citizenship but it is a tough one as you are in Hungary as a Hungary citizen as well. So the thin line will be to prove that you are exercising treaty rights under EU with your British Citizenship i.e. proof of working (you can also add the proof of MAlta done for 5 years as this should hold since you already had the British Citizen as at then) Not sure if you needed any other proof.

I hope this helps. Read the Surinder Singh Route forum for more advice.

[BellaKris]

thanks

hello all,

is this really that difficult query / route?

how could I get help?

much appreciated,

thanks

Richard

Hi Richard, Are you in UK now and where is your wife based now? Give me this information and then I can offer my advice. Thanks

thanks

Hi Richie,
My best advice will be that you both apply for settlement under the Surinder Singh route and see if it is possible. Your wife should have no problem getting a visa and I wonder why she has not applied for one since, as the FP should not be a problem. This is only my advice as you have British Citizenship but it is a tough one as you are in Hungary as a Hungary citizen as well. So the thin line will be to prove that you are exercising treaty rights under EU with your British Citizenship i.e. proof of working (you can also add the proof of MAlta done for 5 years as this should hold since you already had the British Citizen as at then) Not sure if you needed any other proof.

I hope this helps. Read the Surinder Singh Route forum for more advice.

PS: also read the EU Settlement Scheme Toufik Lounes Case and see if it applies to you as well.

[richiesuk]

hi,


does anybody know what possibilities we get if we want to go back to UK?

has anybody ever seen a SS application extension?

as far as I know the transition period will be till end of 2020.

thanks

[richiesuk]

anybody ?

thanks

[Zerubbabel]

Hello

Beyond the mere immigration issue, I see also a life-style problem. As your wife is non-EEA, moving around Europe all the time is not going to help for her immigration status.

- She will spend most of life filling forms in various countries
- She won't build any qualifying period towards a permanent residence anywhere
- She won't get any EEA citizenship
- If the relationship is broken, she is back to Peru
- You guys will pay a lot of money on solicitors

I understand you pursue professional opportunities but I can only recommend to weight the ramifications/impact on her status.

I see that you even applied under Surinder Singh, got accepted, but the time the mail reached you, you had already decided to move to Netherlands.

Immigration applications take time to be decided. You need really to know where do you want to go next and stay for at least a few years in order for you to get some visibility.

As for the UK, why now just taking the Surinder Singh and apply again. You are familiar with the application as you did it recently, you can just fill it again and send it.

[Richard W]

anybody ?

I presume you had PR when you naturalised as British.

I'm puzzled as to why you think you do not come under the category of EEA national in the EEA regulations. You seem to meet the conditions for Lounes to apply, both in the EEA regulations and in the EU settlement scheme, where you would be a 'relevant naturalised British citizen'. The recent visit to the UK has preserved your PR status, so you would be eligible for ILR under the EU scheme if you weren't a British citizen.

[richiesuk]

Hi,

well, life is not always simple and straight forward...

-we failed on Spouse Visa (I was really fumed with the inhuman,cruel process)

-then I got a 9 months contract in Malta

-then brexit kerfuffle was getting more and more ridicolous, and was not sure that her status could be safe in UK at the time we got the residence permit thru SS route.

-we decided to go to NL as I got a good job offer, s I took it (it was exrtremely difficult to find a good accommodation there, the market and the agencies are huge mess there, especially compare to UK)

-in the mean time we found out that she had some issues with the pregnancy (she could not work, or to be stressed) so we decided to move back to my family in Hungary, but for her it will be difficult, as not many ppl speak english here, also the moral of the ppl is completely different to western european contries.

so as you can see, we are not moving around for havig fun...
we genuinely would like to settle somewhere soon.

the relationship will not be broken, no idea why you are veen mentioning it

as for the re application of the SS, as far as I know we are not able to do it, cos we are in Hungary, so I am not practicing the free movement at the moment.

thanks

Hello

Beyond the mere immigration issue, I see also a life-style problem. As your wife is non-EEA, moving around Europe all the time is not going to help for her immigration status.

- She will spend most of life filling forms in various countries
- She won't build any qualifying period towards a permanent residence anywhere
- She won't get any EEA citizenship
- If the relationship is broken, she is back to Peru
- You guys will pay a lot of money on solicitors

I understand you pursue professional opportunities but I can only recommend to weight the ramifications/impact on her status.

I see that you even applied under Surinder Singh, got accepted, but the time the mail reached you, you had already decided to move to Netherlands.

Immigration applications take time to be decided. You need really to know where do you want to go next and stay for at least a few years in order for you to get some visibility.

As for the UK, why now just taking the Surinder Singh and apply again. You are familiar with the application as you did it recently, you can just fill it again and send it.

[richiesuk]

hello,

basically this is the Lounes roue?


thanks

anybody ?

I presume you had PR when you naturalised as British.

I'm puzzled as to why you think you do not come under the category of EEA national in the EEA regulations. You seem to meet the conditions for Lounes to apply, both in the EEA regulations and in the EU settlement scheme, where you would be a 'relevant naturalised British citizen'. The recent visit to the UK has preserved your PR status, so you would be eligible for ILR under the EU scheme if you weren't a British citizen.

[Richard W]

basically this is the Lounes roue?

Yes.