FLR/ILR in EU

[Wanderer]

Not sure where to post this, admins feel free to move.

I was just wondering if, as seems likely, my gf and I move to Germany next year, her on WP, me on my EU freedom of movement right, but in the interim we apply for a UPV or spouse visa (after marrying of course!), is there any advantage in that?

I would guess cos we've not lived in UK on her settlement visa, ILR would be out of the question, but would there be an advantage in that she could travel to UK with (or without) me without needing a visitor visa during the two year FLR period?

Or would it be better to hope and pray for a long-term multi visitors visa?

Cheers!

[John]

Given that it appears she already has her German WP, I don't think there is any particular advantage in getting married. If she did not already have the German WP then I would say, get married, and then get her a German-issued permit, issued under EU regulations, which would have the effect of extending your EU Treaty Rights to her.

A 2-year spouse visa is a settlement class visa, and should not be used like a glorified visitor visa. Far better that a visitor visa be applied for at the British Mission in Germany. She might only get 6 months on the first application, but longer than that on subsequent applications.

All visas issued by the UK are MULT ... multi-entry .... except in very exceptional circumstances.

[Wanderer]

Given that it appears she already has her German WP, I don't think there is any particular advantage in getting married. If she did not already have the German WP then I would say, get married, and then get her a German-issued permit, issued under EU regulations, which would have the effect of extending your EU Treaty Rights to her.

A 2-year spouse visa is a settlement class visa, and should not be used like a glorified visitor visa. Far better that a visitor visa be applied for at the British Mission in Germany. She might only get 6 months on the first application, but longer than that on subsequent applications.

All visas issued by the UK are MULT ... multi-entry .... except in very exceptional circumstances.

Thanks John.

Actually she doesn't have a valid German WP now, that one expired Nov 2007, note to self, change signature....

The company she worked for want to employer her when she finshes her last year at uni here in UK. I've been in this game long enough to know 'next' year' is a long time especially when it comes to job offers, it all seems genuine, but really we are just planning in case...

They would apply for a new WP for her next September.

So really we are trying to cover two possible eventualities.

[John]

Ok, on that basis, if the two of you get married, then she would be within the term "family member" and thus entitled to the same EU Treaty Rights as you, as long as you are exercising such Treaty Rights in the country concerned.

In other words, marriage would cut out the need for the German employer to apply for a WP.

[Wanderer]

Ok, on that basis, if the two of you get married, then she would be within the term "family member" and thus entitled to the same EU Treaty Rights as you, as long as you are exercising such Treaty Rights in the country concerned.

In other words, marriage would cut out the need for the German employer to apply for a WP.

But we would still need to arrange visitor visa for her to visit the UK. Also if we returned to live in UK can we assume we are covered under Surinder Singh for that eventuality.

[jes2jes]

Ok, on that basis, if the two of you get married, then she would be within the term "family member" and thus entitled to the same EU Treaty Rights as you, as long as you are exercising such Treaty Rights in the country concerned.

In other words, marriage would cut out the need for the German employer to apply for a WP.

But we would still need to arrange visitor visa for her to visit the UK. Also if we returned to live in UK can we assume we are covered under Surinder Singh for that eventuality.

I cannot remember the conditions of her going to Germany, but if she has a student visa already for the UK and she's coming back to continue her studies (i.e. if the trip to Germany was part of her course arrangement) then, why the VV?

Please clarify

[Wanderer]

I cannot remember the conditions of her going to Germany, but if she has a student visa already for the UK and she's coming back to continue her studies (i.e. if the trip to Germany was part of her course arrangement) then, why the VV?

Please clarify :lol:

Hehe! Right, here goes!

She got the German WP for her 'year abraod' ie placement in Germany for 12 months then back to uni for the final year. One of the placement companies wants to employ her after she's finished uni, Sept 2008.

So, me being employable more or less anywhere (bighead, bighead!) we are planning for this if it all happens when her student visa has expired.

Of course my family and all our friends are in UK, so one of the things we were trying to resolve in our head is the easiest way for her to visit the UK with and without me without the hassle of a VV for her, thinking about Richard66's horrowshow (Russian/Clockwork Orange joke).

That sounds even less clear now...

[John]

if we returned to live in UK can we assume we are covered under Surinder Singh for that eventuality.

If you have have exercising EU Treaty Rights, and you have been economically active ..... employed or self-employed .... then yes, it looks like an EEA Family Permit might be obtainable, under the Surinder Singh principle.