Category B spouse visa confusion

[Charlotte444]

I was wondering if anyone could help me on this topic:

My husband and I are applying for the spouse visa, he is a US Citizen, I’m British.

From my research, we will need to apply under Category B. (we were both working in Germany for the last 3 years; I will be returning to the UK in January to start a job which is over the financial requirement, plus I have savings).

What I don’t understand is the previous 12 months income stipulation – it states that my gross salaried income needs to have met the £18,600. I was a self-employed contractor in this time and had variable income. Is this the total amount I earned in non-salaried pay the last 12 months, or the total of the last 6 months divided by 6 and multiplied by 12 (total 6 months / 6) x 12)?

The former would make our visa application not sufficient, the latter would make it sufficient. So confusing!

Thanks so much guys,

Charlotte

[CR001]

If you have been working in Germany and exercising your treaty rights, you can use the Surinder Singh route to return to the UK under the EEA Rules which are substantially cheaper and do not require extortionate visa fees.

Your husband should apply for an EEA Family Permit (£55 roughly). He will also be on a 5 year route to PR. See this link (click)

No need to meet the financial requirement etc.

[Charlotte444]

Thank you very much for replying

I was not aware that he could apply this way as an American Citizen? He only had a work visa for Germany, not citizenship.

Thanks so much
Charlotte

[CR001]

He can apply as an EEA family member and would qualify because YOU are a British Citizen working in Germany thereby exercising treaty rights in a member state. He doesn't need German citizenship and would qualify if you were working or a qualified person.

[noajthan]

Thank you very much for replying

I was not aware that he could apply this way as an American Citizen? He only had a work visa for Germany, not citizenship.

Thanks so much
Charlotte

Surinder Singh route depends solely on the EEA national exercising treaty rights (eg working) & the couple (or family) both/all moving their centre of life to a.n.other EU country.
What the non-EEA person did is immaterial.

Note the controversial centre of life requirement is a uniquely UK wrapper on top of Surinder Singh.

Congratulations, with incredible 'foresight' you have done this.

On your joint return to UK you will be treated as a proxy EEA national and the pair of you will operate under EU migration rules.

Your spouse will be able to reside, work/study in UK to heart's content.
No financial requirements, no language tests, no LITUK.

You ('EEA national') don't even have to exercise treaty rights anymore.
(And you do ofcourse retain your BC).

Plenty of info to be had in this forum and on WWW regarding ins & outs of Surinder Singh.
For example: https://www.freemovement.org.uk/surinde ... tion-route

As long as you have the supporting documentary evidence you will be quids in.
For example, German residence cards and plenty of documentary supporting evidence of your life & integration into Germany is what's required.

After 5 years residence in UK your spouse will automatically acquire permanent residence (PR); he will then become eligible to apply for privilege of citizenship.

Viva free movement

[CR001]

Thanks noajthan, was hoping you would pop into the thread to offer your wonderful advice on SS

[noajthan]

Thanks noajthan, was hoping you would pop into the thread to offer your wonderful advice on SS

Dear CR001, it has come to pass that I may have to leave my armchair & use the route myself in coming year - so am rapidly immersing myself.

[CR001]

Thanks noajthan, was hoping you would pop into the thread to offer your wonderful advice on SS

Dear CR001, it has come to pass that I may have to leave my armchair & use the route myself in coming year - so am rapidly immersing myself.

I might be using it myself at some point for my 65 year old mother (even though she qualifies for UK Ancestry but the funds are huge for her to get together + ihs as a pensioner) so will be reading up more and tapping into your knowledge/research too

@charlotte444 - apologies for distracting from your thread but as you can see, it is a route option even for us who have been through the UK Immigration / spouse visa / family route