anyone apply this?

[wayne]

the Surinder Singh route!



http://www.bbc.co.uk/news/uk-23029195


elmarie,

[Terpe]

Well Elmarie, you don't give much background information, but I believe you're considering the option to come to UK via a UK Family Permit as the spouse of a British Citizen exercising
Treaty Right in an EU state.

You'll both need to decide which EU country you want to go to and also how you're intending to support yourself.

Getting settlement entry to an EU country (outside of UK) for the non-EEA spouse of a British citizen is not too difficult and has some very attractive advantages such as having little overall cost and quite a fast 'application-to-decision' time.

Once your husband has 'established yourself' in your chosen EU country the rights to free movement can be extended to you as the non-EEA spouse.

There's still some significant rules to comply with though before you will be able to secure entry clearance to the UK.

Firstly, you will need to provide sufficient evidence of actually residing there (your EU country of choice) as a married couple.
Secondly your husband will need to provide evidence of being either employed or self-employed there.

You can then make an application under European law for a UK Family Permit.
This is essentially free of charge, and free from the onerous conditions set by UK Immigration rules (including the financial requirement and English language Test)
You only need to demonstrate that you are married under law and your EEA national husband has been in properly established employment or self-employment.

The ECO still has an option to refuse if for example he was convinced that it was a marriage of convenience solely to to circumvent UK immigration rules.
I have to say though, that would be a very tough call especially if you had complied with all EU regulations prior to making the application.

For just how long you'd both need to remain established and resident in your EU country before coming to the UK, is a question that's becoming ever more key.
Currently there are no hard and fast rules and personally I can't find any documents in the public domain that make any reference to it.

Most people have been successful in returning to the UK together after being established in the EU for 6 months.
Quite a few claim that even three months has been enough. At any rate it's not a huge amount of time.

Once you, as the non-EEA spouse had successfully secured entry clearance (via the UK Family Permit) and you had both returned to the UK you could then apply for a 5 year residence permit.
After the 5 year residence period you'd then be eligible for application for Permanent Residence (same as ILR)
After 1 year as Permanent Resident you will be eligible for British Citizenship.

It's not a decision to be taken too lightly so consider carefully all the details

Here are some links to provide important information.

Please be sure to read and ask any specific questions.

Happy reading

DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:EN:PDF)

The Immigration (European Economic Area) Regulations (http://www.legislation.gov.uk/uksi/2006/1003/regulation/9/made)

Free movement for EU citizens and their non-EU family members (http://eumovement.wordpress.com/directive-200438ec/)

Freedom to move and live in Europe (http://ec.europa.eu/justice/policies/citizenship/docs/guide_free_movement_low.pdf)

UKBA webpage How to apply for an EEA family permit (http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/applying/)

[wayne]

Well Elmarie, you don't give much background information, but I believe you're considering the option to come to UK via a UK Family Permit as the spouse of a British Citizen exercising
Treaty Right in an EU state.

You'll both need to decide which EU country you want to go to and also how you're intending to support yourself.

Getting settlement entry to an EU country (outside of UK) for the non-EEA spouse of a British citizen is not too difficult and has some very attractive advantages such as having little overall cost and quite a fast 'application-to-decision' time.

Once your husband has 'established yourself' in your chosen EU country the rights to free movement can be extended to you as the non-EEA spouse.

There's still some significant rules to comply with though before you will be able to secure entry clearance to the UK.

Firstly, you will need to provide sufficient evidence of actually residing there (your EU country of choice) as a married couple.
Secondly your husband will need to provide evidence of being either employed or self-employed there.

You can then make an application under European law for a UK Family Permit.
This is essentially free of charge, and free from the onerous conditions set by UK Immigration rules (including the financial requirement and English language Test)
You only need to demonstrate that you are married under law and your EEA national husband has been in properly established employment or self-employment.

The ECO still has an option to refuse if for example he was convinced that it was a marriage of convenience solely to to circumvent UK immigration rules.
I have to say though, that would be a very tough call especially if you had complied with all EU regulations prior to making the application.

For just how long you'd both need to remain established and resident in your EU country before coming to the UK, is a question that's becoming ever more key.
Currently there are no hard and fast rules and personally I can't find any documents in the public domain that make any reference to it.

Most people have been successful in returning to the UK together after being established in the EU for 6 months.
Quite a few claim that even three months has been enough. At any rate it's not a huge amount of time.

Once you, as the non-EEA spouse had successfully secured entry clearance (via the UK Family Permit) and you had both returned to the UK you could then apply for a 5 year residence permit.
After the 5 year residence period you'd then be eligible for application for Permanent Residence (same as ILR)
After 1 year as Permanent Resident you will be eligible for British Citizenship.

It's not a decision to be taken too lightly so consider carefully all the details

Here are some links to provide important information.

Please be sure to read and ask any specific questions.

Happy reading

DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:EN:PDF)

The Immigration (European Economic Area) Regulations (http://www.legislation.gov.uk/uksi/2006/1003/regulation/9/made)

Free movement for EU citizens and their non-EU family members (http://eumovement.wordpress.com/directive-200438ec/)

Freedom to move and live in Europe (http://ec.europa.eu/justice/policies/citizenship/docs/guide_free_movement_low.pdf)

UKBA webpage How to apply for an EEA family permit (http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/applying/)


thank you so much for the info..
im confused in this i though its illegal..
do u think im not allowed to live in england if we apply this?:anerikke:

[joebloggs]

not an option for some people to move to another EU state, find employment and wait months :cwm25:

[Terpe]

thank you so much for the info..
im confused in this i though its illegal..
do u think im not allowed to live in england if we apply this?:anerikke:

No it's not illegal, it's perfectly legal.
I certainly wouldn't give anyone illegal information.

As I said in my post, " It's not a decision to be taken too lightly so consider carefully all the details".

Please take some time to read again the information I posted and please take time to read and understand the links I provided.

Your husband would need to find employment and accommodation in a EU country.
That would need to be for months not just a few days.
If that's not going to be possibility then that route is not an option for you.

[wayne]

No it's not illegal, it's perfectly legal.
I certainly wouldn't give anyone illegal information.

As I said in my post, " It's not a decision to be taken too lightly so consider carefully all the details".

Please take some time to read again the information I posted and please take time to read and understand the links I provided.

Your husband would need to find employment and accommodation in a EU country.
That would need to be for months not just a few days.
If that's not going to be possibility then that route is not an option for you.



So i dont need visa to go in gemany or ireland or france? I understand we can live in other country for 6 months then after we will go in uk. but how can i go in EU country without visa? for example its allowed for me to go in france without visa? Thank you so much for helping.. :)

[Terpe]

So i dont need visa to go in gemany or ireland or france? I understand we can live in other country for 6 months then after we will go in uk. but how can i go in EU country without visa? for example its allowed for me to go in france without visa? Thank you so much for helping.. :)

Please read the links I've provided for you. Just click on the highlighted words.
Yes, you WILL need a visa to join your husband in the EU country of your choice.
But normally it's free.
You need to apply from the Philipppines to the appropriate Embassy
As I've said before you husband needs to be working and earning and income or he needs to be self-employed.

You MUST read the links and have some basic understanding on whats involved before embarking on that option.