Immigrationboards.com

Dear all,
My family and I have been living in Germany for the past 6 months,although I only have been working for 4 out of the 6 months.My current contract expires in June 2016.I was planning on completing my contract,but it is sometimes really difficult here since we dont know the language, and my husband is not able to find a proper job because he cant speak German.Luckily I dont need to speak German in my job,but this means we are just surviving,living from my wage from month to month.So we want to move back to the UK very soon.

But my husband's application is not a straight foward case.His previous two visa applications were refused in Dec 2010,and again in June 2011.My husband was an illegal entrant and he lived in the UK for 8 years.We fell in love during his eight years and lived together for 4 of those 8 years,but we were not able to proof it because of his status.So he left in May 2010,on voluntarily basis on own expense,hoping that by doing the right thing,he will be able to return after 1 year.We got married in August 2010 in South Africa.I fell pregnant and when I returned to UK,we decided to apply for his tier 2 dependency visa.We applied in Dec 2010,before the 1 year ban was lifted.His visa was refused.Our baby was born in May 2011.I was still on a tier 2 visa then but we applied again,again it was refused because of his previous immigration history.And I didn't provide enough evidence to proof our marriage is genuine.Despite Marriage certificate,birth certificate,photos,statements from family and friends,emails,phone bills.

After I got my ILR and my british passport,I went back to sa and we lived as a family for 9 months before we moved to Germany.Now we are in Germany,and my husband had to wait 4 months before he got his resident card.He has his card now,and he can start learning German.the intergration course starts next month.
My question:will his previous immigration history have an influence when we apply for his family permit?
I have gathered my payslips,rental agreement,bills in both our names,photos of us being here in Germany,my daughter's kindergarten application,her photos of her kindergarten class,and I will do a course myself to show I have intergrated into this society.I also opened a bank account here,I have an O2 account,I pay tv and radio license,etc...Is there anything else I need to add to make sure that his application will be successful this time?It has been a hard 5 years of seperation,anxiety,stress,but we still here,together,and the dream is to make it in the UK.
Thank you for reading and I will appreciate a response.

TAIWAN wrote:Dear all,
My family and I have been living in Germany for the past 6 months,although I only have been working for 4 out of the 6 months.My current contract expires in June 2016.I was planning on completing my contract,but it is sometimes really difficult here since we dont know the language, and my husband is not able to find a proper job because he cant speak German.Luckily I dont need to speak German in my job,but this means we are just surviving,living from my wage from month to month.So we want to move back to the UK very soon.

...

My question:will his previous immigration history have an influence when we apply for his family permit?
I have gathered my payslips,rental agreement,bills in both our names,photos of us being here in Germany,my daughter's kindergarten application,her photos of her kindergarten class,and I will do a course myself to show I have intergrated into this society.I also opened a bank account here,I have an O2 account,I pay tv and radio license,etc...Is there anything else I need to add to make sure that his application will be successful this time?It has been a hard 5 years of seperation,anxiety,stress,but we still here,together,and the dream is to make it in the UK.
Thank you for reading and I will appreciate a response.

It seems you are good to go having got most of the way through the process if you replace your experience in Germany for the following example via Ireland.

See http://www.immigrationboards.com/eea-ro ... t=surinder

Which Singh would you like us to surrender? There are about a hundred thousand of them here. Oh, I see what you meant...

Joking apart, I think that the odds of you exercising the SS route are better than average. Part of the SS route requirement is to prove that you have moved the center of your life from the UK to the EEA country.

TAIWAN wrote:After I got my ILR and my british passport,I went back to sa and we lived as a family for 9 months before we moved to Germany.Now we are in Germany,and my husband had to wait 4 months before he got his resident card.He has his card now,and he can start learning German.the intergration course starts next month.

As you have not been resident in the UK for a while and then headed straight to Germany where your spouse is undergoing integration courses, I would say that proof of this is pretty conclusive about the center of your life not being in the UK.

TAIWAN wrote:I have gathered my payslips,rental agreement,bills in both our names,photos of us being here in Germany,my daughter's kindergarten application,her photos of her kindergarten class,and I will do a course myself to show I have intergrated into this society.I also opened a bank account here,I have an O2 account,I pay tv and radio license,etc...

All this is useful in proving that the center of your life has shifted.

If the Surinder Singh route right is engaged, it is your spouse's absolute right under EU law to accompany you to the UK (s/he can not come here on their own) and their previous immigration history must be ignored for the purpose of their accompanying you.

However, remember that citizenship is not covered by EU law and there is a current 10 year citizenship ban on anybody who has broken UK immigration law. The earliest he can apply for citizenship under current rules (which can change retrospectively) would be May 2020 (10 years after his illegal status in the UK fininshed).