Can we get there (UK) from here how?(Spain)

[home sweet home]

Brit citizen with Spanish Residency and no paid employment living in Spain with none EEA civil partner -UK civil partnership papers- having been caretaking with full responsibilities - finca, security and pets, but no pay seeks to return back to UK with non EEA civil partner.
Can it be established that the contract for services has a "paid" value for purposes of returning to the UK. Is it possible that this work, and it has been work, can be considerd as the requirement for substantiative and effective income for EEA/UK immigration rules?
Can my partner work in Spain legally while she waits for her residency permit?
Thanks all.. it is so complicated, especially with the new rules.. we cant meet the UK income requirements of the new laws.. woudl section 8 UK work for us?
Is it possible to move to the UK and have her join me.. can she work if she does?
Because we were living in Spain prior to UK civil partnership, there was no fiance application completed for UK immigration.. I know a litte complicated.. anyone feel like tackling this one? Or referring me to citations or people with knowledge which address it all?
If you have an answer to one piece of it that would lbe great, but it must take into account that we do not have the fiance visa which is usual prior to marrying in the UK.. so lets start there?

[Lucapooka]

You can't use Surindar Singh if you are not working in paid employment/self-employment. Section 8 would not work as it's no longer possible to expect an application for DL to be considered unless in exceptional circumstances.

Your only option lies with a partner application under UK settlement rules.

[home sweet home]

if there were a document from the homeowner with stated value of work carried out in lieu of payslip..i.e. self employed appraoch, would not work?

I read Sing doesnt apply with new changes.. Brit can't be considered EEA national any longer..

http://www.legislation.gov.uk/uksi/2012/1547/made

found this after the post.. any one about this? It is not written that way on UKBA own guide for staff?

[Lucapooka]

Being the unpaid caretaker (house-sitter?) or whatever in exchange for board and lodging is not employment. There would need to be at least some monetary compensation for your endeavours that was registered as such with the tax authorities. Simple as that. You might think different but there is no chance the UKBA will issue an EEA family permit on this basis.

[Jambo]

if there were a document from the homeowner with stated value of work carried out in lieu of payslip..i.e. self employed appraoch, would not work?

I read Sing doesnt apply with new changes.. Brit can't be considered EEA national any longer..

http://www.legislation.gov.uk/uksi/2012/1547/made

found this after the post.. any one about this? It is not written that way on UKBA own guide for staff?

The new changes only apply to British/EEA dual nationals. They no longer can use the other EEA nationality if they are British.

Surinder Singh has not been affected. The application forms have even been updated to include a section for such cases.

[home sweet home]

Well that is very good news. Can you point me to a UK citation of same?
Mnay thanks to everyone, even the person who knows I cant use my careatking position.. it was work, as we were committed to staying on property adn notifying of time needed away, as well as responsible for cleaning interior exterior, and care of pets.. what a shame in the US one would be required to report this arrangement as income!
Therefore my question about why it would not count in the UK.. no such arrangement there then? Or more importantly in Spain?
I can
t quite let this one go.. as I've met the criteria for time and effort, just not cash...

[home sweet home]

Your only option lies with a partner application under UK settlement rules.
are you citing the newly changed standard rules with income requirements?

[home sweet home]

I have heard that there needs to be demonstrated substantiative and effective income requirements in an EEA country before Brit returns with non EEA family member to UK.. Is this marked out anywhere on UKBA?

I cant find it? is there a citation for this amount? How is it measured?

[home sweet home]

non EEA partner work in EEA country whlie waiting ofr residency? Application in , number assigned, not yet granted...
I think not? But saw another person on this site who applied for some type of visa for her partner in same situation to work? How is this done?

[Lucapooka]

You have heard wrong. You just need to have been working within a legitimate and accepted framework. If you want to actually find a job that pays and work in a recognised capacity for, say, six months, you will be eligible for the Surindar Singh route. Does your partner have a residence card for Spain?

[home sweet home]

Thank yo for clarifying the work requirements re: substantiative and effective. How does the six months come in? Is it demonstrated this is sufficient in actual EEA family permits?

[Lucapooka]

The six months is an arbitrary threshold that is commonly held to be the time period under which an SS would be acceptable. It's by no means in the legislation and could well be less, depending on your circumstances. What I'm saying is that working for a month and trying SS will not fly.

You have not said if your partner has a residence card for Spain?

[home sweet home]

an NIE and an application which was archived..hired attorney prblem with submitting propoer aperwork.. in appeal period, so no, not yet, applied in early March..looked straightforward..then four months of waiting for find out archived, and many visits to the ofice with no information. Very disappointing.. short answer .. no resident card yet, but not for lack of trying to do it correctly

[Lucapooka]

That, perhaps, has a lot to do with your own status. From what you have stated you are not exercising an EU treaty right that would permit your partner to be eligible.

[home sweet home]

We were advised that was not necessary for the application to be approved, re having work, is that what you were referencing?

[Lucapooka]

I've no idea how Spain applies the rules. The UK would demand that you have comprehensive sickness insurance if your treaty rights were based on self-sufficiency (which is how I would describe your situation).

[home sweet home]

My partner - non eea entered into civil partnership with me in the UK, without first gaining fiance visa as we were living in Spain. Is she legally entitled to work in UK now? And will this work create opportunity for her to gain entry based on the fact she is working on a work visa?
Thanks

[Lucapooka]

She can work in the UK if she is admitted to the UK as your partner. That admission could be under UK or EU immigration rules.