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Bringing my Mexican fiancee and two daughters to the UK

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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vertiphon
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Bringing my Mexican fiancee and two daughters to the UK

Post by vertiphon » Mon Sep 14, 2015 3:43 pm

My situation is as follows: my fiancee is Mexican, I am a British citizen. We have one daughter of our own, and she has another daughter from a prior relationship. They are all stuck over in Mexico and I've been trying to find a solution for bringing them over.

I don't earn enough to consider family visas (income below the £22,000 threshold), so I'm left wondering what are my other options. If anyone has suggestions - and I'm open to hearing all suggestions - I would appreciate them. Moving country is something we would consider but ultimately we want to settle in Europe, not Mexico.

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Casa
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Re: Bringing my Mexican fiancee and two daughters to the UK

Post by Casa » Mon Sep 14, 2015 4:25 pm

You may find that the Surinder Singh option suits your situation. Have read through the two links giving info and come back if you have an any questions. Bear in mind that if you haven't been living together continously for 2 years you would need to marry.

https://www.gov.uk/family-permit/surinder-singh

and courtesy of freemovement.org
https://www.freemovement.org.uk/surinde ... ion-route/
(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.

noajthan
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Re: Bringing my Mexican fiancee and two daughters to the UK

Post by noajthan » Mon Sep 14, 2015 5:33 pm

vertiphon wrote:My situation is as follows: my fiancee is Mexican, I am a British citizen. We have one daughter of our own, and she has another daughter from a prior relationship. They are all stuck over in Mexico and I've been trying to find a solution for bringing them over.

I don't earn enough to consider family visas (income below the £22,000 threshold), so I'm left wondering what are my other options. If anyone has suggestions - and I'm open to hearing all suggestions - I would appreciate them. Moving country is something we would consider but ultimately we want to settle in Europe, not Mexico.
Does your fiancee have Spanish ancestry?
There appears to be an ancestry route to Spanish (ie EEA) citizenship for some Mexican nationals.

Ref: http://www.laht.com/article.asp?Article ... ryId=14091

And further food for thought...
Regarding citizenship: Latin Americans, along with citizens of Portugal, Equatorial Guinea, the Philippines and Andorra, can apply for Spanish citizenship after only two years of legal residence in Spain.

So as well as the Surinder Singh option there maybe other routes back to UK via, for example, Spain.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Casa
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Re: Bringing my Mexican fiancee and two daughters to the UK

Post by Casa » Mon Sep 14, 2015 5:45 pm

@noajthan well spotted +1
(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.

vertiphon
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Re: Bringing my Mexican fiancee and two daughters to the UK

Post by vertiphon » Mon Sep 14, 2015 6:22 pm

Thank you both for replying.

I don't believe my fiancee has Spanish ancestry, but she's not actually 100% sure herself. We're looking into that but I don't expect it to be that easy.

With the Surinder Singh route we will obviously have to be married but once that is the case can we then just travel to Spain with our girls and stay there? Is there a procedure involved? Do we both have to be working?

noajthan
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Re: Bringing my Mexican fiancee and two daughters to the UK

Post by noajthan » Mon Sep 14, 2015 7:20 pm

vertiphon wrote:Thank you both for replying.

I don't believe my fiancee has Spanish ancestry, but she's not actually 100% sure herself. We're looking into that but I don't expect it to be that easy.

With the Surinder Singh route we will obviously have to be married but once that is the case can we then just travel to Spain with our girls and stay there? Is there a procedure involved? Do we both have to be working?
Note For SS to work, you have to be married OR else in a durable relationship (living together akin to man & wife) for 2 years. (Not married for 2 years though).

You have to follow a detailed process involving several steps.
And you have to be exercising your treaty rights (eg working or self-employed).

There are examples in the forum from people who've done this via Germany & Ireland.

Here's a good case study from Ireland to give an idea what's involved:
http://www.immigrationboards.com/eea-ro ... 69701.html

See also http://britcits.blogspot.co.uk/2013/08/ ... tpwww.html

You need to shift your 'centre of life' to the chosen country.
6 months or so may be long enough under Surinder Singh.

But if you did stay 2 years in Spain it would seem your fiancee/wife could become a Spanish citizen in her own right.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

vertiphon
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Re: Bringing my Mexican fiancee and two daughters to the UK

Post by vertiphon » Mon Sep 14, 2015 7:55 pm

noajthan wrote: Note For SS to work, you have to be married OR else in a durable relationship (living together akin to man & wife) for 2 years. (Not married for 2 years though).
Thanks again for replying, Noajthan. But could you clarify: do you mean have to have been married / in a relationship and living together for two years before proceeding with SS?

noajthan
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Re: Bringing my Mexican fiancee and two daughters to the UK

Post by noajthan » Mon Sep 14, 2015 8:04 pm

vertiphon wrote:
noajthan wrote: Note For SS to work, you have to be married OR else in a durable relationship (living together akin to man & wife) for 2 years. (Not married for 2 years though).
Thanks again for replying, Noajthan. But could you clarify: do you mean have to have been married / in a relationship and living together for two years before proceeding with SS?
Not for marriage no.

But an unmarried couple need 2 years together to be recognised as a partnership under EU rules.

So if planning to marry soon it could all fall into place quite nicely.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

vertiphon
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Re: Bringing my Mexican fiancee and two daughters to the UK

Post by vertiphon » Mon Sep 14, 2015 8:13 pm

Thanks again for replying Noajthan. So it looks like we have two possible routes to us. Spanish ancestry -> citizenship, or Surinder Singh. I appreciate your time, because we have some solid possibilities to consider now. Thank you.

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