Possible Country Move

[CaptainMorgan]

Hi there, I am a UK citizen, living in England, and my wife is a Filipino citizen, who is not. We married last year, but efforts to match the salary requirements to bring her here have stalled for the time being. This has lead me to considering moving to another EU country in an effort to be with her. I am aware of the 'Surinder Singh' rule, however I cannot find too much information about how my wife would go about joining me in another EU country.

We have talked about preferred countries to move to, but I would like to know if anyone here could be of help with details about this. I would not move country without attaining a job first. Moving back to England is also not necessarily integral to our plans. If I enjoyed wherever I wind up, I have no problem staying there, so if anyone can tell me about what it is like to live in their country, I am all ears!

My main question; Are immigration laws in regards to my non EU wife the same all over the EU, or do each individual countries have their own rules?

Thanks for reading

[Michael Parnham]

Welcome to the Forum Captain, I'm pretty sure your Questions will be answered very soon!:xxgrinning--00xx3:

[SimonH]

Flight to Syria, short walk and a train trip then end up in Germany. It's a lot cheaper that way :wink:

[Terpe]

Txt
Hi there, I am a UK citizen, living in England, and my wife is a Filipino citizen, who is not. We married last year, but efforts to match the salary requirements to bring her here have stalled for the time being. This has lead me to considering moving to another EU country in an effort to be with her. I am aware of the 'Surinder Singh' rule, however I cannot find too much information about how my wife would go about joining me in another EU country.

We have talked about preferred countries to move to, but I would like to know if anyone here could be of help with details about this. I would not move country without attaining a job first. Moving back to England is also not necessarily integral to our plans. If I enjoyed wherever I wind up, I have no problem staying there, so if anyone can tell me about what it is like to live in their country, I am all ears!

My main question; Are immigration laws in regards to my non EU wife the same all over the EU, or do each individual countries have their own rules?

Thanks for reading

Do you speak any EU languages ?
If not you'll find an English speaking country the best option. Say Ireland ?
Many folks find Ireland a good choice.

What country had you considered ?

[CaptainMorgan]

Ireland is a top choice for sure. I work in an industry where English is the spoken language worldwide, so that doesn't concern me so much. Other coutries I have considered are ones where the majority of people speak English to a certain degree anyway (like Netherlands)

[Arthur Little]

:welcomex: amongst our friendly "crew", Cap'n Morgan! 'Tis indeed, a "rum" deal, that we Brits are forced to to endure - at the hands of our esteemed political masters - in trying to being our legally married, non-EU partners to the land of our birth, these days. Yet, somewhat conversely, other European counties expect this small island to open its borders to all and sundry, in the wake of the ongoing refugee crisis. :NoNo:

Sorry I'm unable to offer constructive advice, personally ... as my Filipino wife came here more than 61/2 years ago. Immigration Rules have got a lot tougher since then, unfortunately.

But, if I may say so, you strike me as being someone who's prepared to make whatever "sacrifices" might be deemed necessary in order to fulfill your objectives, and I wish you well. :xxgrinning--00xx3:

[Terpe]

Ireland is a top choice for sure. I work in an industry where English is the spoken language worldwide, so that doesn't concern me so much. Other coutries I have considered are ones where the majority of people speak English to a certain degree anyway (like Netherlands)

I'm guessing you've done some reading already so apologies if I cover the things you already know but it might also be helpful to those who haven't previously reviewed the EEA route.

Here are the important steps:-

You need to decide which of the EU member states (plus the additional EEA member states and Switzerland) you want to be based in.
Can't be UK if you a UK Citizen or any other member state you may also be a citizen of.

You need to be classed as “exercising Treaty Rights” in your chosen member state which basically means being a worker or self-employed. Do be aware that “exercising Treaty Rights” does not include retirement or any interpretation of being self-sufficient.

There's actually no specific amount you need to earn and there's no specific requirement to be in full-time employment or to be under a permanent contract. But you must be able to demonstrate it's genuine work.

Whether or not you have any intentions to return to the UK or not I'd suggest keeping all records of the activities such as employment records and legal residence there.

Your spouse/partner will need to secure a suitable visa to move to the EU member state in order to live with you there.

I would highly recommend that your spouse/partner follows local procedures to secure the varies levels of residence.
Although some folks suggest that isn't necessary I think it's the best way to go. In many ways it depends if and when you think about returning to the UK.

If Ireland is your choice she'll need to apply a short stay visa for Ireland.
Take a look here for more info on that
http://www.inis.gov.ie/en/INIS/Pages/Family%20Members%20of%20EU_EEA%20_Swiss%20citizens

[johncar54]

Terpe:

Do be aware that “exercising Treaty Rights” does not include retirement or any interpretation of being self-sufficient.

There's actually no specific amount you need to earn and there's no specific requirement to be in full-time employment or to be under a permanent contract. But you must be able to demonstrate it's genuine work.

That had not occurred to me. In defining the meaning of work, any idea how being a volunteer translator with the police in Spain, working for 4 hours a week, for 17 years, would be viewed ?

[Terpe]

Terpe:

Do be aware that “exercising Treaty Rights” does not include retirement or any interpretation of being self-sufficient.

There's actually no specific amount you need to earn and there's no specific requirement to be in full-time employment or to be under a permanent contract. But you must be able to demonstrate it's genuine work.


That had not occurred to me. In defining the meaning of work, any idea how being a volunteer translator with the police in Spain, working for 4 hours a week, for 17 years, would be viewed ?

John,
Well you'd need to have UKVI accept that it was 'genuine work' in their interpretation.

The Family Permit is free, why not apply just for the experience ?

[johncar54]

Thanks, I will do that

However.I have now read what is required, well not actually read it all as that will take quite some time. It might be easier just to forget the whole thing !!!!!

And free. but I will have get certified copies of many documents, as I would be reluctant to send the originals.

"Illegal entry would seem to be a lot easier !!! "

[Terpe]

Thanks, I will do that

However.I have now read what is required, well not actually read it all as that will take quite some time. It might be easier just to forget the whole thing !!!!!

And free. but I will have get certified copies of many documents, as I would be reluctant to send the originals.

"Illegal entry would seem to be a lot easier !!! "

The Family Permit is free.
Decisions are made quickly.
There actually aren't many documents to submit at all. Minimal really.
The only certified document needed would be your wife's passport or national identity card, if she's not willing to submit her original.

[johncar54]

Thanks Terpe I must have misunderstood the eleven pages to be completed, not including the four closely typed pages of info, at :-

www.gov.uk/government/uploads/system/uploads/attachment_data/file/270530/vaf5.pdf

[Terpe]

Thanks Terpe I must have misunderstood the eleven pages to be completed, not including the four closely typed pages of info, at :-

www.gov.uk/government/uploads/system/uploads/attachment_data/file/270530/vaf5.pdf

Probably :xxgrinning--00xx3:

[CaptainMorgan]

Thank you for the reply Terpe, it is greatly appreciated. Do you have any idea if the process is instantaneous once I have found employment and moved to Ireland? Or is there a certain amount of time I have to wait before my wife can apply for her short stay visa? Thanks again!

[CaptainMorgan]

Thanks so much for the replies, I really appreciate them! One more thing, would my wife be able to move to Ireland with me instantly, or would I have to be living and working in Ireland for a certain amount of time before we could apply for a short stay visa? Many Thanks!