EEA family permit

[Starking07]

Hello all,

I want to ask please about a way to join my husband to uk, we got married in Danemark, he's salary statement is not enough for sponsor me there! He has a kid and owner of a house and he's a teacher! I'm going for a holiday there and want to ask if I can apply for a residency while I'm there to stay with him?
Plz help i need your advices

[Casa]

What is your husband's nationality

[Starking07]

He's polish/British living in UK

[Casa]

As he is a dual Polish/British national you can only apply to join him under the UK Immigration Rules. The application can't be submitted from within the UK while you are there as a visitor.

You will have to submit a Spouse Settlement visa from a country where you are legally resident and your husband will have to meet the minimum yearly income level of £18.600. Without income you would need to show savings of £62,500, held in an accessible account for at least 6 months. These can be joint savings.

You will also need to pass the A2 level English test before applying.

The visa fee is £1,464 + £600 IHS surcharge.

https://www.gov.uk/uk-family-visa/partner-spouse

[Starking07]

Thank you for the infos.

I checked the website of gov.uk and read this part of partner/spouse visa, I want to ask if we don't all those conditions they ask! Like example his income is low than this they ask! What should we do then?
As i read on the website,can u check it please and explain it to me? :

" If you don’t meet these requirements you may still be able to apply for a visa or extend your permission to stay if:

you have a child in the UK who is a British citizen or has lived in the UK for 7 years and it would be unreasonable for them to leave the UK
there would be very significant difficulties for you and your partner if you lived together as a couple outside the UK that couldn’t be overcome
it would breach your human rights to stop you coming to the UK or make you leave ".

Thank you

[Casa]

Thank you for the infos.

I checked the website of gov.uk and read this part of partner/spouse visa, I want to ask if we don't all those conditions they ask! Like example his income is low than this they ask! What should we do then?
As i read on the website,can u check it please and explain it to me? :

" If you don’t meet these requirements you may still be able to apply for a visa or extend your permission to stay if:

you have a child in the UK who is a British citizen or has lived in the UK for 7 years and it would be unreasonable for them to leave the UK Do you have a child together under these circumstances in the UK?
there would be very significant difficulties for you and your partner if you lived together as a couple outside the UK that couldn’t be overcome Does this apply to you? If so, what difficulties?
it would breach your human rights to stop you coming to the UK or make you leave ". There is no breach of human rights and it would be assumed that you husband could live with you outside of the UK.

Thank you

The £18,600 minimum income level is mandatory.

[Starking07]

Yes we have a kid he's living with him in UK, he has 5 years old.

And about this difficulties yes it's apply to me/us, I'm a Moroccan and as u know it's illegal gay marriage in our law and there are sanctions for that, also our community is not open for that so we can't live here in any way as a couple together. So is that enough as a reason??

Thank you again

[Casa]

You may find it a challenge to convince the Entry Clearance Office that your husband is gay if he has a child from a previous relationship.

You may already be aware that there is a prevalence of applications submitted in Morocco where the claim to be in a same sex relationship has been used purely to gain entry into the UK. I'm not suggesting this applies to your case, simply that the application will come under a great deal of scrutiny especially as you are unable to meet the conditions required within the Immigration Rules for a Spouse Settlement visa.

How much time have you physically spent together during your relationship.

[Starking07]

About the kid, my husband has never been in a relationship with a girl! And he made the artificially inseminated (Alternative mother).

About second paragraph i didn't understand very well why it doesn't apply to my case exactly! Cause really we can't live together in Morocco as a couple married!

And about his income, he is a self-employed, so this 18k£ in the year should be from his work or maybe from other resources? What i want to say, they check the bank's statements for that??

We spend nearly 2 years together.

[Starking07]

Hello,

I'm a guy no EEA national, married with a polish guy british also and living in Scotland, we have kid 5years old now living with him there, I want to ask if I could apply for EEA family permit with my husband that he is EEA national, or I should apply for it as a parent of our child as a main carer or share the responsibility with my husband! What is better for me??

Thank you

[CR001]

Hello,

I'm a guy no EEA national, married with a polish guy british also and living in Scotland, we have kid 5years old now living with him there, I want to ask if I could apply for EEA family permit with my husband that he is EEA national, or I should apply for it as a parent of our child as a main carer or share the responsibility with my husband! What is better for me??

Thank you

Are you still in the UK or have you left??

The advice hasn't changed since you asked the question last year.

[Starking07]

No I'm not in UK now!

[Starking07]

Any advices please? Thank you

[physicskate]

As your husband is also British, he is ONLY considered British for the purposes of your spouse visa.

Teachers are not that low income... Does he work three days a week? Might I suggest he works closer to full time.

The minimum pay for a full-time teacher who has only just qualified is above £22k... Presumably if he was also a teacher last year, he should be on even more than that.

[Starking07]

He is a self-employed as a teacher so not full time. And I can't make this EEA family permit of our child?? As a share responsibility of my husband??

[physicskate]

He is a self-employed as a teacher so not full time. And I can't make this EEA family permit of our child?? As a share responsibility of my husband??

As a teacher with 10 years' experience, I've not heard of that arrangement. Tell him he is best off becoming employed by a school who will pay him the appropriate rate. He would then need 6 months' of pay slips, etc... and you would meet the financial requirement instead of all this wrangling.

In this time of teacher shortages, he should be able to make this work.