Immigrationboards.com

biblapmcdantope wrote:Hello,

Can anyone help me with my situation?

I am a UK national living in Spain with my non-EU wife (Japanese). I have lived here for a year and a half and have resident card here (and bills, tenancy agreement and medical registration and so on). Haven’t worked in Spain, or been paid since I’ve been here (living off savings) but am author and have signed a contract for a book (royalties next year).

Questions:

1. Do I have enough for SS route?
2. Do we both need to move back to UK to get EEA1, or can we apply here?
3. How long does it take to get EEA1 and EEA2?

Many thanks for your help everyone!

biblapmcdantope wrote:Hello,

Can anyone help me with my situation?

I am a UK national living in Spain with my non-EU wife (Japanese). I have lived here for a year and a half and have resident card here (and bills, tenancy agreement and medical registration and so on). Haven’t worked in Spain, or been paid since I’ve been here (living off savings) but am author and have signed a contract for a book (royalties next year).

Questions:

1. Do I have enough for SS route?
2. Do we both need to move back to UK to get EEA1, or can we apply here?
3. How long does it take to get EEA1 and EEA2?

Many thanks for your help everyone!

biblapmcdantope wrote:Thanks for the replies.

MEMBER: My wife has a five year working visa as spouse of EU resident.

NOAJTHAN: Don’t you think being under contract for work might be enough?

For future work? Unlikely.

biblapmcdantope wrote:Thanks for the help NOAJTHAN,

For future work? Unlikely.

It’s not actually for future work, rather for future pay. I have been doing the work all the time I’ve been here, and at least since I’ve been under contract, I just won’t get paid until next Jan. Do you think I could get through on that?

Haven’t worked in Spain, or been paid

In that case, adequate (if not unimpeachable) documentary supporting evidence of this 'genuine and effective' work will be required.

For example you would probably fail on this basis:
Haven’t worked in Spain, or been paid

Don't give HO any 'wriggle room' to dispute this - or chances are that they will.

At least your length of time in Spain should help in meeting the UK's centre of life test.

biblapmcdantope wrote:Thank you again.

In that case, adequate (if not unimpeachable) documentary supporting evidence of this 'genuine and effective' work will be required.

Well I have that.

For example you would probably fail on this basis:
Haven’t worked in Spain, or been paid

No, I haven’t my employers are in the UK.

Don't give HO any 'wriggle room' to dispute this - or chances are that they will.

I’ll have to. I have no evidence of having worked or been paid here, as I haven’t. But my ‘circle of life’ has demonstrably been here.

At least your length of time in Spain should help in meeting the UK's centre of life test.

So I can hope?

biblapmcdantope wrote:I see. You’ve been really, really helpful. Thank you so much.

biblapmcdantope wrote:Thanks for the replies.

MEMBER: My wife has a five year working visa as spouse of EU resident.

Which treaty right does Spain believe you're exercising? Or have they not categorised you?

• As a worker;
• As a self-sufficient person; or
• As a student

Do you know which right Spain deemed you to have been exercising?

noajthan wrote:

biblapmcdantope wrote:I see. You’ve been really, really helpful. Thank you so much.

You could strengthen your case by taking up some work or self-employment in Spain for a few months.

You'll have to take your case as far as the European Court of Justice.

Your wife may also fall foul of the proposed change to the citizens' directive, excluding "spouses who had no prior lawful residence in a Union state before marrying a Union citizen".

There are no details on the change; your wife's exclusion would be collateral damage, and would depend on the precise wording of the change. I don't know what happens if the European law on which you depend is removed during your appeal.

If you're planning on raising a family, you should also consider (perhaps you already have) using the 10-year settlement route because of irregular earnings. Possibly you're disqualified because you two don't intend to live in the UK until death do you part.

biblapmcdantope wrote:Is it not possible, you think, just for me to get a job here and do the standard SS route?

biblapmcdantope wrote:

Possibly you're disqualified because you two don't intend to live in the UK until death do you part.

Eh? I’ve never heard of this. Any details? We could intend to live in the UK until death us do part… I mean how do you measure intention?

That would work with no rule changes - though presumably it will slow your writing down. From what you've said, you may escape the collateral damage of the rule changes.

It's in Rules E-ECP.2.10 and E-LTRP.1.10 in Appendix FM of the Immigration Rules, which I presume you have anticipated problems with.

biblapmcdantope wrote:

That would work with no rule changes - though presumably it will slow your writing down. From what you've said, you may escape the collateral damage of the rule changes.

Which rule changes are these?

biblapmcdantope wrote:

It's in Rules E-ECP.2.10 and E-LTRP.1.10 in Appendix FM of the Immigration Rules, which I presume you have anticipated problems with.

Well I’m not sure what this is, so haven’t investigated it. What is the ‘long-term settlement’ route?

biblapmcdantope wrote:So, to conclude, my best chance is to take a job here and go Surinder Singh, and try and get that through before the rules change? Which might be some time after the summer?