A way to legally circumvent new immigration rules

[kash_hash]

@vinny if non eu is from pakistan and wanted to travel ireland with his british wife

[vinny]

It may be safest to apply for an Irish visa.

[kash_hash]

@vinny thank you, right now i am waiting for appeal outcome from tribunal 1 regarding flrm applied within uk without 6 month plus visa so its refused by ukba, if appeal will be not allowed i am planning to go by ireland route, i have few questions if you can clear my mind:

1. my wife (british citizen) wanted to travel every week from ireland to uk and wanted to stay in uk for 3,4 days every week, is it gonna be a problem when i will apply for the resident premit? or she is allowed to travel as much as she want?

2. how can i apply from pakistan for irish D or C visa, do i need to go to the embassy or its just online application and how long applications take from pakistan.

3. my refusal from ukba on spouse visa will effect me getting irish visa?



thank you very much in advance

[Graham Weifang]

Surinder Singh and Family Unity.

@vinny does the non eu partner need a visa to travel with there british partner before leaving for another eu member state? thanks reply will be highly appreciated.

.
Generally your non EU spouse/partner will need a visa, unless for example, an American spouse/partner, who of course would not need a visa to enter UK.

However, as the general topic here is about non EU wives/husbands/partners ect, who may be from Philipines, Thailand, China, South America as a few examples, then yes, they will need a visa.
The good news is that the visa will be free.
However, you may have to pay for it, and then your payment will be refunded to you on haining said vias.

Gra.

[imran1508]

Will be reading up on this, the financial requirement is obscene. Any method of working around it is welcome!

[Lekore]

Guess the bit in bold is the main obstacle:

Under regulation 9 of the 2006 Regulations, the family members of a British national
returning to the UK will be treated as if they were the family members of an EEA
national under the following conditions:
After leaving the United Kingdom, the British national resided in an EEA
state and –
o Was employed there (other than on a transient or casual basis); or
o Established him/herself there as a self-employed person; and
If the family member is his/her spouse, the marriage took place, and the
parties lived together in an EEA state, before the British national returned to
the United Kingdom.

From: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[vinny]

BBC Explains Surinder Singh with a nice diagram!

[bobbylad]

That link is asking for people to share their stories, it looks like they want to do a follow up. Please send them in guys, the strength of feeling on this should be heard.

[luvkush]

Hi,

Surinder Singh and Family Unity.

Just a question, is this applicable to sposue only or can be used for dependant parents.

[jake the peg]

Am looking at taking the Surinder Singh route, and was thinking about choosing Netherlands, but found this....

To apply for the certificate of lawful residence (proof of lawful stay), you will need the following documents:

........

Proof of sufficient and long-term means of support to prevent a situation in which you have to rely on public funds during your stay in the Netherlands.

http://www.ind.nl/en/Residence-Wizard/e ... fault.aspx

Then, by looking at the table of standard amounts considered adequate financial resources, sufficient income requirements for a married couple would be 1596.02 euros per month, so that works out as approx £16,750 per year.

Do other EEA countries have similar financial requirements for this? And if so, does anyone have any advice on which countries would be easiest (require least amount of financial support proof?)

[vinny]

If you are in the process of a Surinder Singh route and still abroad, I suggest you read this post about changes in the regulations that intend to make it harder to do a "quick & dirty" Surinder Singh route. You might wish to apply for a EEA Family Permit now to benefit from the transitional arrangements which will be in place for people who applied before the changes come into effect (January 2014).

[mycanal1]

what did you want to suggest with your post?

I am suggesting that your information is not new and that while you may think of it as a cheaper and more convenient option to UK immigration routes, the practical reality for most people might be that relocating to another EEA state and working there for a period would not be any easier or affordable than remaining in the UK and using the UK immigration rules.

one can study, inorder to claim treaty right.

[askmeplz82]

one can study, inorder to claim treaty right.[/quote]



No : Surinder Singh you can only work

[whynot]

I think vinny mentioned this already, but all is not lost for BRITISH citizens (not ILR holders).

It involves certain inconvenience and a move abroad but is still better than new rules. Brits can simply go to another EU state (it will be easier and FREE to take your wife/dependent parents/children with you) and exercise treaty rights there. Then simply return to the UK and use the EU route to apply for a residence card for your family member. Google the Surrinder Singh ruling.

Now, this will still require 5 years for your wife to obtain permanent residence. But, the main positive is that the application is free, no need to keep applying for FLR etc, no need to earn certain amount of money per annum etc.

so, unfortunately, as much as the home office try to curb family migration, there are ample ways to use the EU route to avoid harsher new rules!

can i please ask something if you could answer it it would help me very much, i am in the middle of attempting ss route.we are married for 6 months now i know him from 2010 as a relationship otherwise I know my husband since we were kids. i want to know
1) do i have to go back to my home country to get him and then move to Another EU country, we are thinking Spain as i have friends, or can he get the visa and join me in the other EU country? can i get him a visa transit visa through GB ?and then we take connecting flights together..I am just trying to figure a way out at the moment ..
2) we are only married for 6 months, and by the time i am going back it will be a year as married couple, in some posts it says if you are doing SS route you have to be married for two years ...does that mean when returning to home country or even when traveling to chosen other EU country where you are attempting SS route ..
please help any answer even NO will be helpful or anyone else who reads it can give any answers i am very grateful to you .

[dalebutt]

You do not have to be married for any period of time before you can benefit from SS route, and also you do not have to travel to his country before he can apply for visa, he can apply to join you in that country, the country you have chosen as your preferred destination is rather clueless with visa issuance concerning family members of EU citizens or they are just perpetually hell bent on wasting people's time, it also depends the country where your other half will be applying from, you should plan this very carefully as it might quickly become a nightmare getting through the first step of the process.

Before submitting an application for visa, make sure you have written to the embassy or consulate about your circumstances and that you would like to visit their country with your spouse, and ask them as a family member of an EU citizen what document would they need to process his application. Depending on the reply, you will have an understanding of how the application will go when you finally submit it, you can apply for visa at any of the Schengen countries and then go to Spain if you wish.

[vinny]

Please continue here.