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Any suggestions on visa type application gladly recieved.

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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legrande
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Any suggestions on visa type application gladly recieved.

Post by legrande » Sat Jul 11, 2020 3:54 pm

Hi there all.

I´m hoping for a little general (yet accurate) advice here.
I´ve recently contacted several visa agencies and have received conflicting confusing responses.

Based on the following brief info can you suggest the most logical reasonable visa application to make?

I´m British (born in Glasgow) and I´m married (we tied the knot in glasgow 15 years ago) to a Serbian lady. We live in Budapest and we have three British passport holding children.
My wife has a legal residence permit and has been in full time employment with a UN agency here in Budapest.
I am self employed as a photographer and I have a (rather erratic) income stream from sales of photography for publications.
We have some savings.

She had applied for a regular visa to go to the UK (so we could return to the UK as a family) three years ago and was refused on the most "interesting" grounds.
We do not have the financial resources to do that visa application again, nor the luxury of time. I would like my children to be starting school next September of 2021 in the UK.
I understand that the Surinder Singh route is closing down in December of this year,the advice that I´ve received on that is not clear at all.

Any ideas would be most welcome and appreciated.

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Zerubbabel
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Re: Any suggestions on visa type application gladly recieved.

Post by Zerubbabel » Sat Jul 11, 2020 4:04 pm

Hello

The British passport is one of the weakest in world when it comes to bring family back to the UK.

Surinder Singh is a judgement about EEA regulations (search: R (Secretary of State for the Home Department) v Immigration Appeal Tribunal and Surinder Singh). It means that a British who lived in another EEA country with a partner and that partner got an Article 10 card based on that relationship can be seen as an EEA national when he/she comes back to the UK with the partner. So EEA regulations may be invoked.

A British without a history of living with that partner in an EEA country cannot invoke EEA regulations under Surinder Singh.

As anything EEA is going away this December, effectively you won't be able to use Surinder Singh after that.

Does you wife hold an Article 10 card? "Family Member of a Union National"

legrande
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Re: Any suggestions on visa type application gladly recieved.

Post by legrande » Sat Jul 11, 2020 4:36 pm

Thank you for responding.No, my wife doesn´t have that card.

legrande
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Re: Any suggestions on visa type application gladly recieved.

Post by legrande » Sat Jul 11, 2020 4:45 pm

I´m trying to find where we can apply for that card for my wife but having no luck finding where, or if us being together outside the UK makes it impossible to do so.

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Re: Any suggestions on visa type application gladly recieved.

Post by Zerubbabel » Sat Jul 11, 2020 4:54 pm

How does she live with you in Budapest? She must have some sort of card.

legrande
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Re: Any suggestions on visa type application gladly recieved.

Post by legrande » Sat Jul 11, 2020 4:58 pm

She has a permanent residence card here in Hungary.

legrande
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Re: Any suggestions on visa type application gladly recieved.

Post by legrande » Sat Jul 11, 2020 5:05 pm

My wife, when she applied for her residence here, being the spouse of an EU member didn't follow the same protocols as other Serbians here. Perhaps her full time residence card is the Article 10 type?

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Re: Any suggestions on visa type application gladly recieved.

Post by legrande » Sun Jul 12, 2020 3:24 am

So, after some research on the Article 10 card I believe that my wife´s permanent Hungarian residence card (I have read that there is no standard type of Article 10 card, all EU states have different permanent residence cars types that may make no reference to rights the card holder may have within greater Europe and not just the member state) fulfills that requirement.

Loking at the information here: https://wiki2.org/en/Residence_card_of_ ... rnal_links

it says, "As of 6 April 2015, non-EU family members of an EU/EEA/Swiss citizen who are in possession of a Residence card of a family member of a Union citizen are entitled to enter the United Kingdom without the need to apply for an EEA Family Permit. They only need to provide their passport and residence card at the border. However, UK Border Force officers may request documentary proof of their relation to the EU national family member who would be accompanying them as well, such as a marriage or birth certificate."

I do understand that Brexit has changed things, does anyone have any information on the above or any new directives Brexit has brought about in relation to this?

legrande
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Re: Any suggestions on visa type application gladly recieved.

Post by legrande » Sun Jul 12, 2020 4:14 am

Zerubbabel wrote:
Sat Jul 11, 2020 4:54 pm
How does she live with you in Budapest? She must have some sort of card.

Finally! I tracked down on the Hungarian government website where my wife can apply for an EC permanent residence permit. She´ll apply for that immediately.
I also noticed another thing, an EU Blue Card...we´ll also apply for that as well.

So, my wife then having the EC permanent residence permit is a good step, and then a Surrinder Singh application or some other kind of visa?

Again, thank you so much for your kind help and advice.

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Re: Any suggestions on visa type application gladly recieved.

Post by Zerubbabel » Sun Jul 12, 2020 9:43 am

This is how it works. Your wife needs to get a card in EEA country. That card has the words "residence card of a family member of a Union citizen".

I don't know if in Hungary your wife would qualify for a permanent card or card valid for a specific time such as 5-year. If this is the first time she is applying, it's unlikely that she would get a PR.

Once she has this card, you can then use Surinder Singh to come back to the UK.

However, if the Hungarians take months to deliver the EEA card, that puts you well in 2021. You may need to come back to the UK before even if this means your wife follows you after that. Otherwise, you will lose the benefit of Surinder Singh.

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Re: Any suggestions on visa type application gladly recieved.

Post by legrande » Sun Jul 12, 2020 12:50 pm

Thank you again for your response.

My wife has a full residence card (originally it was a 5 year one and now she has an indefinite one)
When I go to the Hungarian immigration site and look at the EC permanent residence permit page ( http://www.bmbah.hu/index.php?option=co ... 14&lang=en# )the information is relevant to her being married to an EU citizen ( I, as her British husband) and yet the documentation on the page for the application is just the bog standard full residence card application forms she had already completed and been approved on. (The Hungarian version is exactly the same)

On the actual card she has which is named " Permanent residence Card" on the reverse side the only English is this, "Valid together with a valid personal identification document or travel document." (in case of third country national family member only with valid travel document)

Tomorrow I will have my fluent Hungarian speaking son write an email to the immigration office (they NEVER answer the phone) to clarify the mystery of the card.

Again, thank you so much for being kind enough to help a stranger, sincerely appreciated.

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Re: Any suggestions on visa type application gladly recieved.

Post by Zerubbabel » Tue Jul 14, 2020 9:54 am

No worries, you are welcome :)

Also, because the card is a permanent residence, it would be really a bad thing to lose it.

Try to get some information there what are the conditions to keep it. Sometimes it's enough to go to the country once in a while to keep that card. Permanent residences are delivered lightly. Once you have one in hand, try as much as possible to keep it.

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