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some help and info about my husband

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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sophiedeegan18
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some help and info about my husband

Post by sophiedeegan18 » Thu Nov 07, 2019 1:04 am

Hello I am a british citizen from England but my husband is an Albanian citizen we are looking to pass the Eurotunnel with our marriage papers and passports unfortunately he has an Albanian passport. someone told me when you get to the French boarder they put a stamp in my husbands passport. problem is I am from the uk can he pass with me without a resident card just with passports and marriage certificate

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Re: some help and info about my husband

Post by Casa » Thu Nov 07, 2019 8:02 am

Are you intending to enter under the Surinder Singh route? Have you been living together in an EU state?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

sophiedeegan18
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Re: some help and info about my husband

Post by sophiedeegan18 » Thu Nov 07, 2019 9:55 am

what is a surinder route?

sophiedeegan18
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Re: some help and info about my husband

Post by sophiedeegan18 » Thu Nov 07, 2019 9:57 am

me and my husband have been living in Albania together

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CR001
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Re: some help and info about my husband

Post by CR001 » Thu Nov 07, 2019 10:02 am

sophiedeegan18 wrote:
Thu Nov 07, 2019 9:57 am
me and my husband have been living in Albania together
He needs a visa to enter the UK then and if you intend to live in the UK, he needs a Spouse Settlement Visa, current cost is £1523 visa fee plus £1200 Immigration Health Surcharge. You cannot make use of the EEA/EU rules to enter without a visa if you have not been living together in an EU state.

Surinder Singh route is if you have both lived together in an EU state of which are not a citizen (in your case any other EU country other than the UK) and you as the British citizen have exercised treaty rights in the EU state and your partner has been living with you under the EEA Rules. An example of the Surinder Singh route is in the link below.

eea-route-applications/bbc-explains-sur ... 38469.html

Note that for immigration purposes, you are NOT considered a qualifying EU citizen in the country of which you hold nationality. You are only considered British and domestic Immigration Rules (ie Spouse visa) apply, unless the above returning from an EU country under Surinder Singh route applies to you/partner.

He needs to apply for a spouse visa in Albania and you/he need to meet all the requirements, ie English A1 test, £18,600pa income, adequate accommodation.

Does your Albania spouse have any adverse UK Immigration history, ie being in the UK illegally without a visa??
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sophiedeegan18
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Re: some help and info about my husband

Post by sophiedeegan18 » Thu Nov 07, 2019 10:46 am

I paid 1,200 to an visa immigration lawyer in the uk only for them to do the application soon I paid them they couldn't even be bothered to email me the next step 1 week later they changed the name of there company. even my deputy said they are being very unprofessional. they took a lot of money from me and then they turn the noses up soon they got the money! some people told me he can enter with me and marriage certificate and our passports then they would put a admitted stamp in hes passport

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Re: some help and info about my husband

Post by CR001 » Thu Nov 07, 2019 10:59 am

some people told me he can enter with me and marriage certificate and our passports then they would put a admitted stamp in hes passport
You have been misinformed. He cannot unless the Surinder Singh as explained applies to you, which it does not. You do not have the option of using the EU Rules and Regulations to enter the UK with a Stamp 1A on arrival at a UK port. There is no easy way for him to simply arrive and get a visa on entry, the UK Immigration Rules do not work like that.

He needs a pre-approved spouse visa which he must apply for from Albania and if you have been living there with him, you need to consider how you are going to meet the £18,600pa financial requirements.
only for them to do the application
What application exactly??
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Re: some help and info about my husband

Post by sophiedeegan18 » Thu Nov 07, 2019 11:30 am

the 18,600 is completely fine that's not what im worrying about and im not expecting him to get a visa on the arrival on the arrival they should give him an admitted stamp so he can go to England and apply for a resident card and the application we applied for was a spouse visa.

not all non EEA's need a visa to come into the UK because an Albanian citizen got an admitted stamp at the boarder with he's greek wife and passed. what is saying he wont get the stamp at the boarder

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Re: some help and info about my husband

Post by CR001 » Thu Nov 07, 2019 11:36 am

the 18,600 is completely fine that's not what im worrying about
How will you provide evidence of meeting the financial requirement if you have been living in Albania?
and im not expecting him to get a visa on the arrival on the arrival they should give him an admitted stamp so he can go to England and apply for a resident card
No, it doesn't work like that. He has to apply for a visa before traveling to the UK. He cannot apply for a Residence Card, which is a card specifically under the EEA Rules/regulations, which does not apply to you. Albanians are visa nationals, he will not be permitted to enter the UK if he does not have a valid visa.
and the application we applied for was a spouse visa.
What was the outcome of this application?? Which category of spouse visa or which form was completed? What was the visa fee you paid?
not all non EEA's need a visa to come into the UK because an Albanian citizen got an admitted stamp at the boarder with he's greek wife and passed. what is saying he wont get the stamp at the boarder
That is because the Albanian citizen is married to an EU citizen (non British) entering the UK. This does NOT apply to you as a British citizen returning to the UK. You are not considered an EU citizen in the country of which you hold citizenship and this applies to all EU states, not only the UK.
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sophiedeegan18
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Re: some help and info about my husband

Post by sophiedeegan18 » Thu Nov 07, 2019 11:46 am

I have bank statements also I have a deputy that holds a lot of cash of mine.

I paid 1.200 for them to only do the application after that they wanted 1,500 for the home office fees then they wanted 1,000 for the health surcharge. not only that they wanted extra money from us because they said application fees can change.

so the boarder allows an Albanian to pass with an EU citizen but not with a british citizen that powerful than any EU citizen doesn't make sence to me but I will take your word for it

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Re: some help and info about my husband

Post by CR001 » Thu Nov 07, 2019 11:51 am

I have bank statements also I have a deputy that holds a lot of cash of mine.

Unclear what you mean by 'deputy'?? If you want to use savings, you need a minimum of £62,500 held in an accessible bank account for a minimum of 6 months.
I paid 1.200 for them to only do the application after that they wanted 1,500 for the home office fees then they wanted 1,000 for the health surcharge. not only that they wanted extra money from us because they said application fees can change.
So what have you paid and what was the outcome of the application if it was made?
so the boarder allows an Albanian to pass with an EU citizen but not with a british citizen that powerful than any EU citizen doesn't make sence to me but I will take your word for it
There is a big difference between the the EU/EEA rules and the UK immigration rules (which applies to you). The EEA/EU rules allow the free movement of EU citizens and their family to other EU states of which they do not hold citizenship.
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sophiedeegan18
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Re: some help and info about my husband

Post by sophiedeegan18 » Thu Nov 07, 2019 1:25 pm

its a deputy that holds my money in a court of protection.

I paid 1,200 and nothing was made after that

so what do you suggest because loads of people said we can pass with marriage certificate and passports then they said they will put a admitted stamp in my husbands passport?

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Re: some help and info about my husband

Post by CR001 » Thu Nov 07, 2019 1:36 pm

its a deputy that holds my money in a court of protection.
For a spouse visa, the savings must be in a bank account in your name and must be immediately accessible.
so what do you suggest because loads of people said we can pass with marriage certificate and passports then they said they will put a admitted stamp in my husbands passport?
You are being ill advised. It only applies to a spouse of an EU citizen (non British). I cannot explain it any clearer than I have already.
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sophiedeegan18
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Re: some help and info about my husband

Post by sophiedeegan18 » Thu Nov 07, 2019 1:42 pm

another question can my Albanian husband be my carer because im registered disabled

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Re: some help and info about my husband

Post by secret.simon » Thu Nov 07, 2019 1:43 pm

sophiedeegan18 wrote:
Thu Nov 07, 2019 1:25 pm
its a deputy that holds my money in a court of protection.
Are you a minor or an adult? Was your marriage approved by the Court of Protection? Did the marriage take place in the UK or in Albania? And did your deputy give you permission to leave the UK?
sophiedeegan18 wrote:
Thu Nov 07, 2019 1:25 pm
so what do you suggest because loads of people said we can pass with marriage certificate and passports then they said they will put a admitted stamp in my husbands passport?
The loads of people are wrong. As CR001 has mentioned, that applies to non-British EEA citizens entering the UK with their non-EEA spouses. British citizens do not have any such analogous right.

EDIT: Overtaken by CR001
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Re: some help and info about my husband

Post by secret.simon » Thu Nov 07, 2019 1:48 pm

sophiedeegan18 wrote:
Thu Nov 07, 2019 1:42 pm
another question can my Albanian husband be my carer because im registered disabled
There is no separate visa category for carers. Your Albanian husband will have to enter the UK as either a spouse on a spousal visa or as a visitor (for which he will have to convince the ECO that he intends to leave the UK within six months).
Immigration Directorate Instructions: Carers wrote:There is no provision in the Immigration Rules for leave to enter to be granted solely to allow a person to care for a friend or relative in the UK. Where an applicant wishes to care for a friend or relative for a short period, s/he must first satisfy the requirements of the Immigration Rules relating to general visitors.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

sophiedeegan18
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Re: some help and info about my husband

Post by sophiedeegan18 » Thu Nov 07, 2019 2:42 pm

secret.simon wrote:
Thu Nov 07, 2019 1:43 pm
sophiedeegan18 wrote:
Thu Nov 07, 2019 1:25 pm
its a deputy that holds my money in a court of protection.
Are you a minor or an adult? Was your marriage approved by the Court of Protection? Did the marriage take place in the UK or in Albania? And did your deputy give you permission to leave the UK?
I am an adult my marriage was 100% approved by deputy and marriage office and also the marriage took place in Albania I had approvals to marry in Albania. of course I can leave the uk for 90 days I have a british passport!!!

sophiedeegan18
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Re: some help and info about my husband

Post by sophiedeegan18 » Thu Nov 07, 2019 2:54 pm

I don't think you guys understand what im asking..... I had a visa application lawyers that was going to do my husband visa soon they got the money they didn't email me back and changed the company name.. why?

other thing my Albania husband wants to know if he can pass the French boader to doves England with marriage certificate, passports? I have been told that they can put an admitted stamp in the passport?

my deputy is something completely different!

also a british passport you can travel anywhere in the world for a short amount of days.

also I had approvals from the my country United Kingdom to marry in Albania. I got the approvals from a register office in the UK.

my deputies are fully aware of my marriage.

about the cares my mother has said she can no longer be my carer because she has stage 2 emphysema and hasn't got energy,time to be caring for me... so I was asking if my husband could be my carer, if so..how?

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Re: some help and info about my husband

Post by CR001 » Thu Nov 07, 2019 3:00 pm

I don't think you guys understand what im asking..... I had a visa application lawyers that was going to do my husband visa soon they got the money they didn't email me back and changed the company name.. why?
Impossible for anyone on the forum to tell you why.
other thing my Albania husband wants to know if he can pass the French boader to doves England with marriage certificate, passports? I have been told that they can put an admitted stamp in the passport?
No he cannot. He needs to apply for a visa BEFORE he travels to the UK.
about the cares my mother has said she can no longer be my carer because she has stage 2 emphysema and hasn't got energy,time to be caring for me... so I was asking if my husband could be my carer, if so..how?
There is no 'carer visa' option for the UK. Once he has a spouse visa though and comes to the UK, yes then he can be your carer.

There is not shortcut or easy route for him unfortunately and trying to find one based on incorrect information you have been given can end up being a very costly error and potential removal for having no legal right to reside in the UK as he doesn't hold a visa.
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Re: some help and info about my husband

Post by sophiedeegan18 » Thu Nov 07, 2019 5:50 pm

it cant be costly if im only asking for advice and information! i would understand if we was passing without any legal right but im only getting information because if more than one person has told me you can pass with a marriage certificate then ive done the right thing to come on here to ask instead of going ahead and people telling me false information

also what does it mean if your marriage certificate is stamped on the back by the mistery of Europe?

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Re: some help and info about my husband

Post by NatCam » Thu Nov 07, 2019 7:46 pm

Sophie, you need to contact that firm, even if it has changed its name, and proceed with the application.
What does "mistery of Europe" mean?

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Re: some help and info about my husband

Post by secret.simon » Thu Nov 07, 2019 8:01 pm

NatCam wrote:
Thu Nov 07, 2019 7:46 pm
What does "mistery of Europe" mean?
She most likely means that the marriage certificate was apostilled by the Albanian Ministry for Europe and Foreign Affairs.

That still will not allow the Albanian husband to enter the UK without a pre-arranged spouse visa under the UK Immigration Rules.

To the OP: On these forums, we facilitate advice based on our knowledge of the immigration rules and personal experience. There is no provision in immigration law for a British citizen to enter the UK with her non-EEA husband and get a stamp at the border (except if they have spent time together in another EEA member-state establishing family life while the British citizen exercises treaty rights in that other EEA member-state; the Surinder Singh route).

But we are not here to make your decision for you. You can try to enter the UK with your husband under this route, but the possibility that you will be refused are very high.

So plan ahead. If you are refused at Calais (or any other border post), what will you do?

You still have the right to reside in another EEA member-state (such as France) with your husband. Would you (and he) be OK with residing in France for a period of time?
Or would you prefer to reside in another EEA member-state?
Or would you prefer to return to Albania?

Have these discussions and plan for refusal before you leave Albania.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Re: some help and info about my husband

Post by askmeplz82 » Fri Nov 08, 2019 9:26 am

The reason a Greek Citizen was able to move to the UK with his/her NON EU partner because of EU FREEMOVEMENT . You can't move to your own country under EU LAW unless you lived and worked in another EU country for 3+ months and it's genuine .. That Greek Citizen won't be able to move freely under EU law to Greece with the Albanian citizen but he/she can in other EU countries like UK. Same for you. You can easily move to another EU country like France / Germany / Greece under EU Law as a EU citizen but not in your own country
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

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