Filipina trapped in the Caribbean

[pinayinslu]

Yes Terpe , thanks for the clarification

[Terpe]

This may be of interest:

http://www.legislation.gov.uk/uksi/2...0133032_en.pdf

Hidden amongst all the words the recent ammendments from UKVI.
The official Explanatory Note states that Paragraph 5 of the Schedule replaces the existing regulation 9 of the 2006 Regulations to require a British citizen to have “transferred the centre of his or her life” to another member State in order to acquire a right of residence in the UK for his or her non-EEA family member seeking a right to reside in the UK upon their return. Factors relevant to whether the centre of a person’s life has been transferred to another member State include the period of residence in that member State, the location of that person’s principal residence, and the degree of integration.
These changes are to ensure that a British citizen engages in genuine and effective use of the rights conferred by Directive 2004/38/EC before a right to reside in the United Kingdom is conferred on a non-EEA family member.

To make any meaningful predictions on this would need a pretty good understanding on caselaw thinking in connection with -

- Surinder Singh Case
- Akrich Case
- Metock Case
- Eind Case
- Prinz and Seeberger cases

In principle it means that on a balance of probabilities:-

- The principal residence must be considered to have changed to an EU country.
- Fully complying with local residence formalities in the EU country of work.
- Demonstrating a fair degree of integration such as:-
- cohabiting with close family members
- being genuinely employed there
- Demonstrating social and economic factors such as paying 'national insurance' and income
tax in the country of work in additiona to other circumstances.

Just a personal view....but I no longer feel secure to advise anything less than 4-6 months residence.
Of course 3 months residence may be well worth a gamble......just as long as the applicants understand that all it is .....'a gamble'

BTW, just taking that route solely as a means of making a way into UK is not considered to be outside of EU regulations.

It remains a highly attractive route to those who are able to do it

[grahamw48]

The way I interpret it, in simplified form, is that I, as the British citizen, need to move my home and mailing address to let's say, Ireland, find work there preferably full-time PAYE employment, paying my local income tax and national insurance, and live there in that home and attending that work for at least 6 months, preferably more.

A quick search on the internet yesterday revealed that several jobs that I'm qualified to do are being advertised in Ireland right now.

[fred]

The way I interpret it, in simplified form, is that I, as the British citizen, need to move my home and mailing address to let's say, Ireland, find work there preferably full-time PAYE employment, paying my local income tax and national insurance, and live there in that home and attending that work for at least 6 months, preferably more.

A quick search on the internet yesterday revealed that several jobs that I'm qualified to do are being advertised in Ireland right now.

Yes..Sounds pretty straight forward to me too.. If you want to live in the UK with your foreign spouse then this is the way to do it!!
Stuff paying all those rip off British visa fee`s and having to earn or declare 18,600 Quid as a local tax payer!!

[grahamw48]

I'll look into it after I come back from my trip in May.

I wasn't too keen on bringing Mercedes here originally, but at my age...putting my sensible head on.

[pinayinslu]

okay, got it...thank you loads terpe and all ..my husband sent out loads of applications ..we hope to hear something soon... this forum is a wonderful site for great info...really appreciate your help...terpe! if we ever will have a chance to meet we'll buy you a drink!