PLEASE HELP- confused British woman with a Venezuelan hubby

Lisa Andrade · Post by **Lisa Andrade** » Tue Jan 29, 2013 11:20 am

Hi folks.
This is my first post.

I have been living in Tenerife, Spain for nearly 5 years now and been with my Venezuelan husband for 4 years. We got married in June last year (2012)

My mother has many illnesses and i wish to return to my country to live there and be there for her.
I am in the process of starting a little childcare bisuness over in the UK too. I am finding out all the necessary info at the moment.

Basically, i want to move back to my country with my husband as he is my rock and i could not live without him.

We are looking at applying for the EEA as we have all the docements asked for etc.
I am extremely worried though as i have not had enough work here and my husband has been supporting me as he works well as a musician.

One of the requirements is that i need to show payslips ... which i do not have as i have only been doing the odd evening of babysitting here and there and have really just earning pocket money, so to speak.
I am very worried about this and am wondering if there is a way around this?
Would my husband be able to show his last years tax bill as proof that he has been working, paying into the system and supporting me?

We have lived together here for 4 years and would obviously live together and work in the UK.

Another question that i have is ... we applied for my husband to come over to the UK for a 10 day holiday 2 years ago so we could spend the time with my family.
this was before we got married and he was refused, i was devistated as he had not met my family at this point.
The reason being that we did not bring enough paperwork but we were not told what to bring and thought we had more than enough.

Elio has a Venezuelan biometric passport that is less than 3 years old. I have heard that he can come into the UK for up to 6 months as a visitor but could have a problem getting into the country as he was refused the visa.
What are the chances? not that we plan to come before getting the EEA, if we can.

So sorry for rambling on and thank you to those who have taken the time to read.
Any advice or experiences shared would be wonderful right now as i need to start to try to believe that this is possible as all i have read has been negative.

All i want is to come back and live in my country with my soul mate and to work and be close to my family.

Do we stand a chance of doing this smoothly?

Please help....

Lisa.

Post by **EUsmileWEallsmile** » Tue Jan 29, 2013 8:38 pm

What nationality do you hold Lisa?

Lisa Andrade · Post by **Lisa Andrade** » Tue Jan 29, 2013 8:50 pm

Hi there.
I am British and have only lived out of the Uk in the last 5 years.

Post by **EUsmileWEallsmile** » Tue Jan 29, 2013 8:58 pm

Thanks for clarifying that. The UK will expect you to have worked in another member state before returning to the UK with your husband under the EU system. It does not really matter what he did.

Alternatively, you could apply for a spouse visa under the national immigration rules, but I imagine you've looked into that.

Lisa Andrade · Post by **Lisa Andrade** » Tue Jan 29, 2013 9:19 pm

Thank you for your reply.
Oh dear, I don't think that will be good for us then as it is Elio who is supporting me finantially.
This is the reason for wanting to get back to the uk... To actually work well again. I just really do not know what to do now as I would like to get back as soon as I can, well, in around 6 months as my mother is very unwell and we want to be close to our family as I am an only child.

Gosh, everything is proving to be so very difficult.
I just want a life with my husband and it seems as though we need to meet all kinds of criterias to do that. I just understand.

Sorry to sound so negative but I really have not had any good news in a long time

Thanks again for your reply.
Lisa.

Post by **EUsmileWEallsmile** » Tue Jan 29, 2013 9:22 pm

Well, Lisa, is it possible for you to get paid employment? It does not have to be well paid and can be part time. If you were to work in Spain for a period of time, you could avail of what is known as Surinder Singh and return to the UK with your husband.

Lisa Andrade · Post by **Lisa Andrade** » Wed Jan 30, 2013 11:01 am

Thank you very much for coming back to me
Unfortunately, this one of the problems that I am having here... Getting any kind of work hence one of the reasons for my return.
It is very difficult here at the moment what with the recession that the county is in.

I am continuing to try, believe me but if I still have no joy between now and the time we apply would it be a waiste of time?
If I was to write a letter explaining my situation and that I can prove that Elio has been supporting me? Or would it be just a no go and we would point blank get refused?
Sorry for all the questions and what ifs I am just trying to find a way around this.

Many thanks again.
Lisa.

Post by **EUsmileWEallsmile** » Wed Jan 30, 2013 7:17 pm

In order for you to enjoy the terms of directive 2004/38/EC the UK will expect you to have worked or have been self-employed. There is not really another way round this for you.

Have you considered having your mother move out to you? While this may not be practical, it's perhaps something to consider.

Lisa Andrade · Post by **Lisa Andrade** » Wed Jan 30, 2013 7:52 pm

It is not an option for my mum to move over as she is on a medical programme there and takes a lot of medication for her conditions. It would be too dangerous for her to start all over again with everything.
But not only that, I wish to return home and it seems that that is not possible and I find that very hard to believe.
Thank you for your reply.

Post by **EUsmileWEallsmile** » Wed Jan 30, 2013 8:21 pm

Lisa Andrade wrote:It is not an option for my mum to move over as she is on a medical programme there and takes a lot of medication for her conditions. It would be too dangerous for her to start all over again with everything.
But not only that, I wish to return home and it seems that that is not possible and I find that very hard to believe.
Thank you for your reply.

Ok, I completely understand issues surrounding you mum.

It will be possible to return to the UK if you work or are self-employed. Focus on this and you will be successful.

Lisa Andrade · Post by **Lisa Andrade** » Wed Jan 30, 2013 8:39 pm

I am really going to try. Thank you for your encouragement.
I feel like a deflated balloon right now haha.
Sorry, just one more question... Is it just 3 months that I will need to he employed for and is there a maximum that I need to earn as it is do poor work wise here at the moment. I have not seen the place so quiet in years.

Post by **EUsmileWEallsmile** » Wed Jan 30, 2013 8:49 pm

Lisa Andrade wrote:I am really going to try. Thank you for your encouragement.
I feel like a deflated balloon right now haha.
Sorry, just one more question... Is it just 3 months that I will need to he employed for and is there a maximum that I need to earn as it is do poor work wise here at the moment. I have not seen the place so quiet in years.

Nothing is set in stone, but the employment needs to be "genuine and effective". The longer it is held, the easier it will be to demonstrate entitlement.

Lisa Andrade · Post by **Lisa Andrade** » Wed Jan 30, 2013 9:28 pm

It just makes me sad and confused that I can't get back to my own country because I havea foreign husband.
My mums health is deteriorating and I need to be there but I am not leaving my love either. I'm so stuck.

The main reason to return is obviously my mum but also because we are so unhappy hereand work is so vast.

Post by **Directive/2004/38/EC** » Fri Feb 01, 2013 10:46 pm

Just to confirm: you have not worked at all in spain?

Bloody-Fox · Post by **Bloody-Fox** » Fri Feb 08, 2013 10:28 am

Might be a bit far off, but how about temporarily moving to Ireland with your hubby?

It's not your home country, so you can take him with you under european law. Find some little job there, and then return to the UK after a few months under Surinder Singh.. In Ireland you would also be closer to your mum than down here..

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PLEASE HELP- confused British woman with a Venezuelan hubby

PLEASE HELP- confused British woman with a Venezuelan hubby