View Full Version : Spouse visa "maintenance funds" please help..
Robert86
13th January 2012, 11:28
hello, im planning to bring my filipino wife here to the UK with me on a spouse visa.. i work full time as a care assistant it is a low income though i have no debts and i have current savings of £3000.. my wife will also have around that same amount 3-4k.. would that be sufficient enough for the visa to be approved.. would appreciate your help, thanks :)
joebloggs
13th January 2012, 11:57
you better apply asap, from April you might need to earning a minimum of anything from £18k to £25k :NoNo: but an exact figure has not been set yet.
you should have roughly a minimum of £103 a week, after you've paid your rent, community charge, loans .
savings will help, also you need somewhere for her to live which is not overcrowded.
aronbabev
13th January 2012, 12:34
hi there!!I am applying as a spouse visa too and will get TOEIC exam this Jan. 25,at "Hopkins" am kind a worried since I have granted a family visit visa but didn't used coz want to apply before April.does it affect my application for spouse on Feb.?hope not.thanks for the advice..:doh
joebloggs
13th January 2012, 14:07
no it will not effect you getting a spouse visa, not using a visa is not a crime, you've paid for it :D so stop worrying :xxgrinning--00xx3:
aronbabev
13th January 2012, 15:01
Thanks for the advice Sir Joe. felt relieve...:)
Robert86
13th January 2012, 17:19
thanks for the quick reply.. how can the government possibly do this? surely this is a breach of peoples human rights.. so its ok for one half of the country to get visa for their spouse, but if ur working class your screwed.. nothing but a disgrace.. how can they possibly set the threshold so high??
grahamw48
13th January 2012, 18:19
Quite agree Robert.
Hopefully people will challenge this under the human rights act, if the increased salary requirement does go through.
Blame the people traffickers, over-stayers, sham marriage crooks and assorted immigrants legal and illegal here on the make. :rolleyes:
Of course there is no limit on how many offspring people can have once here, regardless of income or family circumstances. You and I just pay for the buggers. That hasn't helped the situation either. :NoNo:
Terpe
13th January 2012, 18:28
thanks for the quick reply.. how can the government possibly do this? surely this is a breach of peoples human rights.. so its ok for one half of the country to get visa for their spouse, but if ur working class your screwed.. nothing but a disgrace.. how can they possibly set the threshold so high??
Basically, everyone here agrees with those sentiments.
So far there has not been any changes to the 'requirements'.
There will be quite a few legal changes to push through and time is moving on fast.
But, just playing devil's advocate, what Human Rights would be breached?
grahamw48
13th January 2012, 18:31
Right to a family life ? :Erm:
Robert86
13th January 2012, 18:33
is this just guidelines or will these new regulations come into force? nothing but a disgrace.
stevie c
13th January 2012, 18:37
Will this new regulation apply to those already here in the uk on spouse & Fiance visas ? :Erm: :cwm23:
imagine
13th January 2012, 18:41
Human Rights, what Human Rights, they only apply to scum:NoNo:
Robert86
13th January 2012, 18:49
i was reading the migration advisory committee new guidelines, they stated that these new rules will affect two thirds of sponsors.. can they really do this, it is surely a breach of our rights.
imagine
13th January 2012, 18:59
here robert , this is the petition link against the govermonts new regulations from an earlier post ,
please help yourself and everyone by signing it, if you can get friends , family to sign too would be good:xxgrinning--00xx3:
http://epetitions.direct.gov.uk/petitions/15349
and here is the post on the subject
http://filipinaroses.com/showthread.php/35446-We-must-all-sign-this-petition
Robert86
13th January 2012, 19:03
ok, where is the link?
Robert86
13th January 2012, 19:05
thanks.. il sign that now.
imagine
13th January 2012, 19:11
thanks.. il sign that now.
nice one, remember to validate it when you get the email :xxgrinning--00xx3:
Robert86
13th January 2012, 19:18
yes ive done that.. just can't believe this is happening, very upset and has added more stress.
imagine
13th January 2012, 19:23
dont know if it will make any difference but can nowt but try,
its not good and its totaly unfair :NoNo:
Terpe
13th January 2012, 20:30
Right to a family life ? :Erm:
What family life?
To make a claim on that basis don't you need to have already a family life here in UK?
UKBA will argue that there are no barriers to enjoying a family life elsewhere.
Terpe
13th January 2012, 20:44
What family life?
To make a claim on that basis don't you need to have already a family life here in UK?
UKBA will argue that there are no barriers to enjoying a family life elsewhere.
Here's the relevent text.
Maybe I misunderstand something?
Human Rights Act
Article 8: Right to Respect for Private and Family Life
Family life
This element of Article 8 protects your right to respect for your close family relationships and matters relating to those relationships, for example how parents choose to discipline their children. The question of whether a relationship will fall within the ambit of ‘family life’ for the purposes of Article 8 will depend on the nature of the relationship and the existence of close personal ties. In addition to the relationship between a mother and father and between children and their parents, ‘family life’ will include unmarried couples and the relationship between an illegitimate child and either parent as well as other family relationships, for example relationships between siblings and between adopted children and adoptive parents.
The ECHR has so far been reluctant to recognise same-sex couples as families, holding that these relationships fall within the ambit of private life - not family life
Separation of family members will normally constitute an interference with the right to respect for family life, although such interference may be justified, for example where a child is taken into care for his or her own protection or where a parent is sentenced to imprisonment.
Family life can be engaged in deportation cases if the person to be deported has an established personal and family life in the UK (for example, if the person has children living and settled in the UK). However, the courts have been reluctant to find that deportation is a violation of Article 8. Where there is an alternative country in which the husband and wife or family can reside and there are no ‘insurmountable obstacles’ to moving there, or where a person could return to their country of origin and obtain entry clearance as a family member in the ordinary way without risk or excessive delay it is unlikely that the court will find that there has been a violation of Article 8.
grahamw48
13th January 2012, 21:00
I was just 'throwing it in' for discussion. ;)
Come to think of it though, how could a Brit' be reasonably expected to settle in the Phils with his partner ?
For many, harder than bringing the Fiancee/wife here. :Erm:
For one thing he won't be allowed to work, and will (last time I looked) have to have a fund of $75,000 to get a retirement visa.
Many of us probably WOULD prefer to disappear off over there if we COULD. :D
Terpe
13th January 2012, 21:13
I was just 'throwing it in' for discussion. ;)
yep, same here.
joebloggs
13th January 2012, 23:32
What family life?
To make a claim on that basis don't you need to have already a family life here in UK?
UKBA will argue that there are no barriers to enjoying a family life elsewhere.
yes, UKBA will tell you there is nothing to stop you living in the phils.
thou, having kids might make a difference , with the right to access a child, thus defeating the whole point of the restrictions, which was to try and stop people having recourse to public funds, so people who cant meet the minimum income could have a child to get around this :doh
grahamw48
13th January 2012, 23:37
One would have thought that chasing illegals about and accommodating them and asylum-seekers, court costs, appeals etc was costing rather a lot more money than the small number likely to be having recourse to public funds after entering the country with a proper visa, in a relationship, permitted to work ...:Erm:
Totally nonsensical and badly thought-out, like so many government policies. :NoNo:
Robert86
14th January 2012, 11:10
I believe that the government are to introduce a new minimum income requirement for anyone sponsoring their loved one to join them in the UK.. I believe the figure is around £18-£25k a year.. surely this will exclude the majority of applicants and must be a breach of human rights.. :Erm:
Iani
14th January 2012, 11:22
I just posted about this in another thread.
Yes that is a suggestion which has been put to the government, but as far as I am aware, nothing has yet been decided (or if it has, they aren't saying).
And yes, I could see all hell breaking loose if they did this, which to me would make me logically think they will hold back - at least for now - until the consequences could be predicted.
And yes, it's probably against a European law. Barring someone because a relationship might be bogus is one thing, barring someone because of their earning capacity is a different kettle of kippers, but guess we'll just have to see huh.
Robert86
14th January 2012, 11:24
Graham i totally agree with your statement.. we can just hope and pray they do not go ahead with it..
Robert86
14th January 2012, 11:26
hi there Ian.. we can just hope and pray this does not go ahead.. :NoNo:
lastlid
14th January 2012, 11:51
I think that what they will do is ratchett up the changes slowly in small steps. Trickle in the new requirements. And if so, those that are applying soon after April comes about, hopefully might not feel the full brunt of the final objective.
Arthur Little
15th January 2012, 17:58
hello, im planning to bring my filipino wife here to the UK with me on a spouse visa.. i work full time as a care assistant it is a low income though i have no debts and i have current savings of £3000.. my wife will also have around that same amount 3-4k.. would that be sufficient enough for the visa to be approved.. would appreciate your help, thanks :)
I believe that the government are to introduce a new minimum income requirement for anyone sponsoring their loved one to join them in the UK.. I believe the figure is around £18-£25k a year.. surely this will exclude the majority of applicants and must be a breach of human rights.. :Erm:
:Hellooo:, Robert ... :welcomex: to the filipino/uk forum. I have merged your second thread with your introductory one ;) - since BOTH relate to the same subject - and the respective responses to each follow in sequence.
Arthur Little
15th January 2012, 20:04
is this just guidelines or will these new regulations come into force? nothing but a disgrace.
Yes ... as of NOW, that is exactly what they ARE ... proposed guidelines - no more ... no less - but it would be naive of me - or anyone else - to believe the Government won't do its utmost to introduce SOME form of legislation (however unpopular it might be with the likes of people like US) as a means of curbing *immigration levels while (forgive my cynicism) simultaneously using it as a ploy to gain the kudos [and hence votes] of a MASSIVE majority of the British electorate who are keen to see *these drastically controlled.
Having said that, :iagree: it IS a disgrace!
..how can the government possibly do this, surely this is a breach of peoples human rights
:gp: ... so you would THINK! But successive governments have proved themselves more than capable of making it increasingly difficult for those of us who've been in your position in the past. And as for Human Rights ... :anerikke: ... well ... you've read what's already been mentioned on that score!
yes ive done that.. just can't believe this is happening, very upset and has added more stress.
I'm glad you've signed the petition. Whether this is likely to "cut much ice" with a determined government remains to be seen ... but it's worth a damned good try! :xxgrinning--00xx3:
Robert86
15th January 2012, 23:18
hello and thanks for your reply Arthur, much appreciated... at the moment i think the threshold is at just over 5k a year, if they were to double that to 10k i think the majority of us all would be ok.. but 18-25k is just ridiculous..
Arthur Little
16th January 2012, 02:11
hello and thanks for your reply Arthur, much appreciated...
... it's MY pleasure Robert. :) I have a great deal of admiration for careworkers like yourself who put so much time and energy into a damned difficult and demanding job! And for precious little (financially) in return ... when compared to say, glorified penpushers. :rolleyes: Just wish my reply could've been more positive.
at the moment i think the threshold is at just over 5k a year, if they were to double that to 10k i think the majority of us all would be ok.. but 18-25k is just ridiculous..
I'd be inclined to go along with your calculations as things stand. But 18-25k IS downright OUTRAGEOUS! :cwm23: Being a State Pensioner, there are few on here better aware of that than I ! :NoNo:
:please: try NOT to allow yourself to become over~stressed by it all; the majority of us have been "through the mill" and are always on hand to give support wherever we can. :xxgrinning--00xx3:
Arthur Little
16th January 2012, 02:26
Oh ... :) and these savings of yours will be a definite boost to your cause ... believe me!
grahamw48
16th January 2012, 10:48
Arthur, I've given you rep because you are such a kind gentleman. :xxgrinning--00xx3::D
Arthur Little
16th January 2012, 16:28
Arthur, I've given you rep because you are such a kind gentleman. :xxgrinning--00xx3::D
That's really nice of you to say so, Graham ... :68711_thanx:, for your kind & thoughtful gesture, which - as always - is very much appreciated. :xxgrinning--00xx3:
grahamw48
16th January 2012, 16:57
Trouble is.....it says I have to give somebody else rep first. :cwm3:
Volunteers ? :Erm:
Arthur Little
16th January 2012, 19:07
Trouble is.....it says I have to give somebody else rep first. :cwm3:
Ah ... I realised what had happened when scouting around looking for that elusive fifth light green blob. :bigcry: But the [I] thought was there, Graham ... and it's the THOUGHT that counts! I'd remembered you'd previously given me rep as recently as last month - which was WHY you would've received the pop~up message worded to the effect that 'you needed to spread reputation around before giving it to me again'. Sincere thanks, anyway. :xxgrinning--00xx3:
Plans of MINE to award someone rep have been thwarted a few times in the past for this same reason. :anerikke:
Arthur Little
16th January 2012, 19:17
Volunteers ? :Erm:
INDEED ... all "donations" graciously accepted!!! :coucouchapeau:
grahamw48
16th January 2012, 20:36
Thanks Arthur...will repay you at the first opportunity mate. :xxgrinning--00xx3:
lastlid
17th January 2012, 14:49
Also another potential change in the pipeline is a raising of the level required on the English Language Test to level B1 from A1. And maybe a more stringent requirement on evidence to prove that ones marriage is genuine:
" : defining more clearly what constitutes a genuine and continuing marriage, to help identify sham and forced marriages;
: introducing a new minimum income threshold for sponsors of partners and dependents, to ensure that family migrants are adequately supported as a basis for integration;
: extending the probationary period before partners can apply for settlement in the UK from 2 years to 5 years, to test that relationships are genuine and to encourage integration into British life;
: requiring partners and adult dependents aged under 65 to demonstrate that they can understand everyday English (B1 level on the Common European Framework for Languages) when they apply for settlement; "
grahamw48
17th January 2012, 17:04
Other than language, I fail to see what any of the other requirements have to do with 'integrating'.
What a lot of bull. :rolleyes:
Robert86
17th January 2012, 20:51
thats nice of you, you sound like a gentleman.. thank you for you advice and support ! :)
Robert86
17th January 2012, 20:54
the majority of filipinos can speak better english than the majority of europeans for sure!!
grahamw48
17th January 2012, 21:37
That is soooo true ! :icon_lol:
Arthur Little
17th January 2012, 21:43
the majority of filipinos can speak better english than the majority of europeans for sure!!
:gp: ... speak AND write!
Arthur Little
17th January 2012, 21:53
That's what really "gets MY goat" :furious3: ... our Government applying these inane tests to a people who've grown up in a country where ALL schools - from the Elementary grades upwards - use the English Language as their medium of instruction!
grahamw48
17th January 2012, 23:13
Exactly what I was saying....tarring everyone with the same brush.
In other words assuming that the average Filipino immigrant has the same grasp of English as a 60 year-old grandma from a mud hut in Pakistan. :rolleyes:
lastlid
18th January 2012, 08:37
That's what really "gets MY goat" :furious3: ... our Government applying these inane tests to a people who've grown up in a country where ALL schools - from the Elementary grades upwards - use the English Language as their medium of instruction!
Yep. My wife's 4 year old nephew is taught in English at his school in Cavite.
Robert86
18th January 2012, 20:35
Hello guys, got some good news.. I emailed Prof Metcalfe (Chairman of the MAC Migration Committee) i told him in my email my concerns that this could affect me greatly.. i got a reply just today from his secretary, this is what it read, Dr Mr Mcclure,
Professor Metcalf has asked me to reply on his behalf. The MAC report related to a specific economic question. It also acknowledged that there are moral, social and legal dimensions to family migration. The MAC is an advisory body only. The Government is free to decide whether or not to implement the range set out by the MAC, and to date there has been no announcement of a decision...
so that is some good news, that maybe it might not be implemented and that there is other factors.. not just economics .
stevie c
18th January 2012, 20:45
Hi Rob at least that is some encouraging news. :xxgrinning--00xx3:
Robert86
18th January 2012, 20:58
actually im surprised i even got a reply lol.. like it said in their reply, it is only an advisory body, they understand that there is other issues such moral, social and legal issues to consider.. so fingers crossed we will all be ok and this doesn't affect us. :xxgrinning--00xx3:
stevie c
18th January 2012, 21:03
Thanks for the info Rob i have my fingers crossed already.
Robert86
18th January 2012, 21:14
ive got my legs crossed, balls n all lol :icon_lol:
Robert86
18th January 2012, 21:15
Stevie you are already married? how long have you been married for? when do uz plan to apply for the spouse visa?
stevie c
18th January 2012, 21:19
Rob yes im already married my wife is here in the uk on a spouse visa since november 2010.
My wife will be applying for ILR in october.
stevie c
18th January 2012, 21:20
:icon_lol:
ive got my legs crossed, balls n all lol :icon_lol:
Robert86
18th January 2012, 21:24
happy days! :) where abouts in the UK you from? how does your wife find living here? :) im going to the Philippines on the 16th march.. can't wait.. will be there for 3 weeks and 4 days..:D
stevie c
18th January 2012, 21:31
happy days! :) where abouts in the UK you from? how does your wife find living here? :) im going to the Philippines on the 16th march.. can't wait.. will be there for 3 weeks and 4 days..:D
Im from Essex.
Florsel finds life in the uk great she settled in very quickly & certainly surprised me in how quickly she settled in.
Good luck with your wedding im sure everything will go according to plan.
Me & Florsel will be going back to the phils in june for 3 1/2 weeks.
Robert86
18th January 2012, 21:39
thanks very much stevie, il keep uz posted on how everything goes.. :xxgrinning--00xx3: little question to ask.. as we can only stay in the Philippines for 21 days on a British passport, would i still need to apply for 59 day visa before i leave as im staying 4 days over, or is that something i could arrange when im there?:Erm:
stevie c
18th January 2012, 21:41
Hi Rob yes mate you can apply for a visa here at the philippine embassy in London or im pretty sure that you can get your visa at the philippine immigration when your there.
stevie c
18th January 2012, 21:46
Rob where is your home in the uk?
Where in he Phils will you be getting married?
Have you been to the Phils before?
Robert86
18th January 2012, 21:56
im in Belfast :) maria, my fiance is from antipolo and we will be marrying in mandayulong city. yes ive been twice before the first time i went for 2 weeks, the first time i met maria, we also went to boracay and stayed at the shangrila hotel for 3 nights, we went to baguio city and taal volcano. the second time i went i was there for 3 weeks, we went to cebu, bohol and stayed at anda white beach resort for 3 nights.. we also went to hong kong for 4 nights and stayed at l'hotel, travelled all over hong kong pretty much inside them 5 days, went to disneyland, ocean park, victoria peak and victoria harbour and took the tour bus around which was cool.. so yea.. cant wait to see maria again.. missing her very much, has been nearly 7 months, so i hope next time it wont be as long, next time i hope she will be here.
stevie c
18th January 2012, 22:00
You have certainly travelled many places in the Phils in such a small time :)
Im sure all you plans for the wedding & settlement visa will be a succes i wish you all the best for your plans:xxgrinning--00xx3:
Robert86
18th January 2012, 22:08
thanks very much stevie, well im off now, going to watch barcelona vs madrid lol, speak to u later bud.:xxgrinning--00xx3:
stevie c
18th January 2012, 22:09
Yeah same here thats what im watching now.:xxgrinning--00xx3:
Iani
18th January 2012, 23:30
Thanks for that info Robert.
Well for all it's worth, I've been doing some contacting too - I've spoken with my mp a couple of days ago. She agrees this is a crazy idea and "says" she will investigate and get back to me.
I'll post on here if I'm told anything interesting, but let's not hold our breaths on that one ;)
joebloggs
19th January 2012, 01:23
Hello guys, got some good news.. I emailed Prof Metcalfe (Chairman of the MAC Migration Committee) i told him in my email my concerns that this could affect me greatly.. i got a reply just today from his secretary, this is what it read, Dr Mr Mcclure,
Professor Metcalf has asked me to reply on his behalf. The MAC report related to a specific economic question. It also acknowledged that there are moral, social and legal dimensions to family migration. The MAC is an advisory body only. The Government is free to decide whether or not to implement the range set out by the MAC, and to date there has been no announcement of a decision...
so that is some good news, that maybe it might not be implemented and that there is other factors.. not just economics .
Mac advises the gov on job shortages and i think most of the time the gov implements those recommendations, but as you've said other factors moral, social and legal need to be looked at, so its not so straight forward.
lastlid
19th January 2012, 08:29
Hello guys, got some good news.. I emailed Prof Metcalfe (Chairman of the MAC Migration Committee) i told him in my email my concerns that this could affect me greatly.. i got a reply just today from his secretary, this is what it read, Dr Mr Mcclure,
Professor Metcalf has asked me to reply on his behalf. The MAC report related to a specific economic question. It also acknowledged that there are moral, social and legal dimensions to family migration. The MAC is an advisory body only. The Government is free to decide whether or not to implement the range set out by the MAC, and to date there has been no announcement of a decision...
so that is some good news, that maybe it might not be implemented and that there is other factors.. not just economics .
Hi Robert. Presumably this is the body that was involved in the consulatation on changes to immigration requirements through the marriage route?
Fortunately we have our spouse visa now but there are still further hurdles ahead for us to clear, so of course I hope that there are no changes ahead for us or anybody else, for that matter. It's just that I cant help thinking that there will be changes, even if it is no more than an increase in the already excessive visa application fees, along with their associated miscellaneous costs .
I think someone posted on here just a few days ago that they thought the government couldn't possibly implement the changes that are discussed in the consultation. But of course they can and have systematically been making changes since they came into government, making it harder and more costly to come into the UK via the marriage route. I dont think that precedent is going to change much and there will be some tweaks afoot as a minimum, just a question of how many and how big.
Thanks for taking the trouble to post your findings. Cheers.
lastlid
19th January 2012, 08:39
I have just had a quick squint and speed read of the Mac report, only really have time for that as I need to get breakfast and get off to work. :icon_lol: it can take some time to read all this stuff eh.....I had a quick look at it last year just after it came out but didnt take a lot in at the time......
Robert86
19th January 2012, 15:16
thanks, yes pls let me know if you get any news :xxgrinning--00xx3:
Robert86
19th January 2012, 20:05
alright stevie! game was quite good last night.. barca shown their class in the end.. just hope inter milan beat genoa tonight for my bet lol.. :icon_lol:
stevie c
19th January 2012, 20:08
Hi Rob yes mate enjoyed the game also.
Mourinho just cant seem to get one over on guardiola :D
Robert86
19th January 2012, 20:15
as a united man.. i must admit, i like Mourinho and i think he will be the next united manager after sir alex.. but guardiola has got the best team ive seen in years.. no other team can touch them at the moment..
Robert86
19th January 2012, 20:52
stevie, is it possible to bring a spouse via the EEA Family permit ??? :Erm:
stevie c
19th January 2012, 20:56
Sorry Rob i cant answer that one but im sure when terpe or joe bloggs are about they will be able to give you an answer
Robert86
19th January 2012, 21:02
hi, would like to know is it possible to bring spouse via the EEA Family permit?:Erm:
Terpe
19th January 2012, 21:11
hi, would like to know is it possible to bring spouse via the EEA Family permit?:Erm:
Robert,
You are living in Belfast right?
Do you already have dual UK/Irish citizenship?
The rules right now are very fluid on this and it could be a little bit of a gamble, but I think in your overall circumstances it could be a risk worth taking.
The Home office have not yet issued their policy on this and many applicants have been OK. It may take extra time though.
Arthur Little
19th January 2012, 21:31
hi, would like to know is it possible to bring spouse via the EEA Family permit?:Erm:
I THINK it COULD be, Robert ... with your being from Belfast (which, incidentally, I've only just noticed! ;)). Citizens of the Irish Republic ARE, DEFINITELY eligible to bring a spouse via the EEA Family Permit. And it seems feasible someone from Northern Ireland may well be able to take advantage of some form of reciprocal Agreement between the "two" neighbouring countries if I'm not mistaken.
I would certainly hope this might be the case ... because, if so, it'd make things a lot more straightforward ... PLUS ... a HUGE + ... there'd be NO visa fee to pay! :Jump:
Terpe is likely to be the best person to advise you for sure in this respect. :xxgrinning--00xx3:
Arthur Little
19th January 2012, 21:45
Terpe is likely to be the best person to advise you for sure in this respect. :xxgrinning--00xx3:
:cwm24: ... talk of "the devil" ... :icon_sorry:, Terpe!
Robert86
19th January 2012, 22:09
hello terpe yes im in northern ireland although i do not have dual citizenship though i can apply for irish passport..
Robert86
19th January 2012, 22:10
Arthur once again thanks for your help :xxgrinning--00xx3:
Terpe
20th January 2012, 14:03
hello terpe yes im in northern ireland although i do not have dual citizenship though i can apply for irish passport..
OK Robert, firstly here are the UKBA information links on the EEA family permit route.
Take a look at the UKBA page for EEA Family Permit (http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit) for details of what it is and how to apply.
Look here also (http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/eun/eun2/#header1) for some very good additional information on the EEA Family Permit.
British citizens living in UK are not EEA nationals for the purpose of the European rules.
That means that their family members don't qualify and need to apply under the national rules.
There is a possible exception if the British citizen is exercising economic treaty rights in another EEA state whilst they and their family members live there.
Technically, if British citizens also have another EEA citizenship their family members may be granted EEA family permits and residence cards under the European rules.
The 'risk' for dual British/Irish citizens thinking of using this route is that The European Court of Justice has previously handed down it's ruling on this and has dismissed an appeal based on the case of McCarthy v Secretary of State for the Home Department -Case C-434/09
What this means is that dual nationals living in a country of their nationality who have never exercised free movement rights cannot rely on European rules.
At the moment the Home Office MAY choose to grant EEA family permits and residence cards to family members of persons in this situation.
However Robert, please be aware that the status granted is not legally held, it is solely a policy decision by the Home Office and this could change at anytime. Just now it's a totally unpredictable situation.
Although the Home Office has allowed the family members of dual British/other EEA citizens to use the European route and still does. They have not yet responded to the McCarthy ruling in any way.
They may do so at any time or may never do so, nobody knows.
If the Home Office does in fact follow the 'McCarthy ruling' it might also be deemed unreasonable to appeal if your wife were refused, since technically the Home Office would be legally correct.
You may seriously consider this route can still be worth the risk to apply, after all, there is no financial cost, BUT the waiting time is an unknown factor.
The EEA family permit is principally a "right" and so in principle there is no need to have money, to have suitable accommodation, to have been married for more than a day or to have the spouse pass any English Language test.
Another aspect to bear in mind is that currently under the EEA familily permit your wife needs 5 years of UK residence to acquire UK permanent residence, (same as ILR), then another one year as a permanent resident in order to qualify for the naturalisation application.(current UK Spouse Visa rules are 2 years to ILR, then additional 1 year to qualify for the naturalisation application.)
Mind you, that might change for the regular UK Spouse route after April 2012 if the govt introduces it's proposed changes.
You'll need to do some reading of the above links and to also consider the risks vs benefits, no-one can advise or guide you it's solely down to you.
Whichever route you finally decide on, I wish you good luck
joebloggs
20th January 2012, 14:19
you got nothing to lose by applying, if they refuse you, apply for a spouse visa. :D
thou there are a couple of advantages of applying for a spouse visa (ILR after 2yrs at the mo, thou it could be 5yrs soon )
Arthur Little
20th January 2012, 15:57
you got nothing to lose by applying, if they refuse you, apply for a spouse visa. :D
:gp:, Joe ... :iagree:!
thou there are a couple of advantages of applying for a spouse visa (ILR after 2yrs at the mo, thou it could be 5yrs soon )
Put in that context, :yeahthat: - and assuming Robert's current status allows him to be in a position to make the choice (based on Terpe's interpretation) - then clearly there are advantages and disadvantages with EITHER route. :rolleyes: I hadn't realised, for example, that what he could expect to gain from a financial angle - through opting for the EEA Family Permit - was likely to be offset by longer waiting intervals entailed ... both for the Permit itself, and the ultimate qualifying period for ILR. "Swings & Roundabouts" immediately spring to mind; however, while (at the *present time) the choice might be influenced by how quickly his wife is keen to obtain Permanent Residence, *this looks set to change in the light of the latest government proposals ... meaning it will make little or no difference one way or t'other. :anerikke:
Robert86
20th January 2012, 19:43
Terpe, thank you very much for your detailed response i appreciate it :) i think we will go down the uk spouse route.. and just hope that these new minimum income requirements do not come into force.. thanks again :xxgrinning--00xx3:
Terpe
20th January 2012, 19:49
Terpe, thank you very much for your detailed response i appreciate it :) i think we will go down the uk spouse route.. and just hope that these new minimum income requirements do not come into force.. thanks again :xxgrinning--00xx3:
You're welcome Robert.
Maybe something to hold in the back of your mind. :xxgrinning--00xx3:
Peter
22nd January 2012, 16:53
Hi everyone! I'm peter. I'm new here in the forum. I'm engaged to a filipina. I'm planing to get her so that we can get married here in the uk. We stabled a crossed two problems and we really need your help and advice.
1st problem= i have applied for a loan, will it be bad for our fiance visa application? The loan is amounting 2,000pounds and the repayments is 107pounds a month. I have two full time job earning an average 450 - 490pounds a month with my two jobs.
I don't have other expenses apart from our food when my fiance is here with us.
2nd problem= i'm living with my mum at the moment. However she is clamming housing benefits . I am wondering will this also affect our fiance application as my mother is claiming a housing benefits?
But when she's allowed to work here in uk, she has a offer job where i work. My boss gave me a letter stating that she has a interview in the company when she's allowed to work.
I hope you can help me with my problem. I really want to get my fiance as soon as possible. Thanks in advance.
Peter xxx
Powered by vBulletin® Version 4.2.5 Copyright © 2024 vBulletin Solutions Inc. All rights reserved.