Canadian citizen to UK resident

[Casa]

noajthan will the fact that he has been regularly stamped in and out of the UK as a visitor for the last few years make any difference to qualifying under SS?

@Casa, my understanding is there is no precondition on the previous type of immigration status a dependent has to have before switching to the EU migration route.
I am not over familiar with it but I have seen reference to case law that even permits those with no status (or illegal status) to switch to the EU migration route.
Other members have certainly switched or contemplated switching from the visit route.

Seems positive then. I feel I may be appearing to the OP as the 'bad cop' in this thread...but just being cautious.

[noajthan]

Seems positive then. I feel I may be appearing to the OP as the 'bad cop' in this thread...but just being cautious.

That is indeed the power of the hive mind of the forum.

• Devil's advocate;
  Good cop, bad cop;
  Straw man;
  Stalking horse;
  Fairy godmother;

[Casa]

Seems positive then. I feel I may be appearing to the OP as the 'bad cop' in this thread...but just being cautious.

That is indeed the power of the hive mind of the forum.

• Devil's advocate;
  Good cop, bad cop;
  Straw man;
  Stalking horse;
  Fairy godmother;

I'll take a turn as the fairy godmother then.

[TheSpouse]

Good cop , bad cop , fairy Godmother -- I don't care !! You guys are fantastic and have given me ( us ) the best usuable info of any source.

[TheSpouse]

Good cop , bad cop , fairy Godmother -- I don't care !! You guys are fantastic and have given me ( us ) the best usuable info of any source.

[TheSpouse]

Look at me ... So excited I'm stuttering

[strontiumdog74]

@canuk

When you apply for the spouse VISA it is your earnings that will be considered not dis, so if you have earned more than 18,600 in the last 6 months and have the necessary proof (payslips, bank statements) then you should be ok

[Casa]

@canuk

When you apply for the spouse VISA it is your earnings that will be considered not dis, so if you have earned more than 18,600 in the last 6 months and have the necessary proof (payslips, bank statements) then you should be ok

It appears that the OP will be relying solely on pension & any savings, which may not be sufficient to meet the minimum income level of £18,600 p.a

[CR001]

Casa, thank you. My income far exceeds the £18,000 figure, but my husband's does not. Can I sponsor him, so that his income is not an issue?

Apparently OP does meet the requirements.

[Casa]

Casa, thank you. My income far exceeds the £18,000 figure, but my husband's does not. Can I sponsor him, so that his income is not an issue?

Apparently OP does meet the requirements.

Ah thanks...I missed that. I'll polish my spectacles! No problem in sponsoring under UK rules (with application submitted outside of the UK) if they don't opt for Surinder Singh.

[canuckspouse]

Thank you everyone. This has been so helpful. We are going to phone a solicitor tomorrow, get together all the necessary paperwork and try the Surrendar Singh route first. Will keep you informed on this site. Enjoy the tennis!

[Casa]

Thank you everyone. This has been so helpful. We are going to phone a solicitor tomorrow, get together all the necessary paperwork and try the Surrendar Singh route first. Will keep you informed on this site. Enjoy the tennis!

Good luck. As I believe noajthan has advised earlier in the thread, ensure the legal advisor is fully conversant with EEA Regulations and the Surinder Singh route. Not all have the experience to do so. If you choose to consult an OISC Registered Immigration Advisor, it would be wise to find one who is qualified at level 3.

[Petaltop]

there may be a way out based on the EU migration route.

You may have inadvertently successfully completed the Surinder Singh route by exercising your treaty rights in a Union state and then returning to UK.

It's still an unknown about what will happen to those in the UK on EU law, when EU law ends. Here is just one of the many links about this on the web.


British Home Secretary Theresa May on Monday refused to rule out the deportation of European Union (EU) nationals living in Britain, amid fears that guaranteeing their rights could lead to a "huge influx" of migrants.

May, who has emerged as the frontrunner in the race to succeed Prime Minister David Cameron as the leader of the ruling Conservative party, said that although she wanted to "guarantee the position" of EU citizens currently living in Britain, their future could be up for negotiation, The Independent reported.

"She was saying it is unwise to promise right now that all EU nationals living in Britain should be able to stay indefinitely. The reason for that is if we did that the same rights would have to apply to any EU national who comes to Britain before we leave the EU," an official said.

http://www.firstpost.com/world/british- ... 72496.html

[noajthan]

This is not to turn into a post on Mrs May and/or Brexit.

Article 50 has not yet been triggered and will take 2 years or so to run its course.

OP has already been cautioned about Brexit and, if they qualify under SS, already appear to have 3 or 4 years residence in UK in the bag.
If they do plump for the EU route that's a good place to be and probably better off than most migrants who are still in flight on the EU trajectory and with more years to serve.

[Petaltop]

If he can make it to BC before Brexit, then yes.

Until we know about what has been negotiated for those that don't, all we can do is guess.

[noajthan]

If he can make it to BC before Brexit, then yes.

Until we know about what has been negotiated for those that don't all we can do is guess.

It doesn't matter. OP, if on SS route, has, by the magic of serendipity, been on it for the past 3 or 4 years (plus 16 or so previous years in Switzerland).

There are plenty of other topics on the consequences of Brexit - this is not the place.

[canuckspouse]

Hi guys. Can someone help explaining all the acronyms you use?

[noajthan]

Hi guys. Can someone help explaining all the acronyms you use?

OP = original poster (you) - standard internet terminology

SS = Surinder Singh

BC = British citizen(ship)

[ohara]

EU = European Union (used interchangeably here with EEA (European Economic Area) which comprises the EU and Norway, Iceland & Liechtenstein)
CoL = centre of life
RC = registration certificate OR residence card (depends on context, EEA or non-EEA)
PR = permanent residence
MET = minimum earning threshold

[Petaltop]

Hi guys. Can someone help explaining all the acronyms you use?

OP = original poster (you) - standard internet terminology

SS = Surinder Singh

BC = British citizen(ship)

What is the PEP that you talk about when using MET/PEP?

[Petaltop]

If he can make it to BC before Brexit, then yes.

Until we know about what has been negotiated for those that don't all we can do is guess.

It doesn't matter. OP, if on SS route, has, by the magic of serendipity, been on it for the past 3 or 4 years (plus 16 or so previous years in Switzerland).

There are plenty of other topics on the consequences of Brexit - this is not the place.

I was merely pointing out to the OP, the stance of the UK government so far because you had said

there may be a way out based on the EU migration route.

The OP (canuckspouse) has a right to know everything so that she can make her own informed choice, especially as she has already said that her income is more than the 18.6 needed for her to sponsor her husband.

[Petaltop]

Hi guys. Can someone help explaining all the acronyms you use?

Sorry, we get so used to using them that we forget about new posters.

[noajthan]

I was merely pointing out to the OP, the stance of the UK government so far because you had said

there may be a way out based on the EU migration route.

She has a right to know everything so that she can make her own choice, especially as she has already said income is more than the 18.6 needed to sponsor her husband.

Yes, and the key words there are may be...

The forum is about enabling and facilitating not spoonfeeding.

In any case noone here has the full facts and a clear picture of this (or any other) case.

Partial information is only ever shared; vital information can be overlooked or suppressed, it can be massaged or misrepresented; it may be misremembered or just plain wrong or it may be purely hypothetical.

OP has been advised to seek professional advice; has been given ample resources on SS, cautioned on Brexit complications and any prudent applicant will be doing their own research.

[TheSpouse]

After that last and again very helpful post I'm afraid I'm going to ask for a bit of spoon feeding ...

I've just got off the line with two different solicitors offices
1) not seemingly knowledgable and offering an in office consultation (£150.--)
2) more on the ball but offering a Skype appointment and follow up letter (£370.-- )

Before deciding on either I'm trying to find other offices versed in the topic but coming up short down here ( Cornwall , nearish to Plymouth )

Is there such a thing as a guide to immigration lawyers ?

[noajthan]

After that last and again very helpful post I'm afraid I'm going to ask for a bit of spoon feeding ...

I've just got off the line with two different solicitors offices
1) not seemingly knowledgable and offering an in office consultation (£150.--)
2) more on the ball but offering a Skype appointment and follow up letter (£370.-- )

Before deciding on either I'm trying to find other offices versed in the topic but coming up short down here ( Cornwall , nearish to Plymouth )

Is there such a thing as a guide to immigration lawyers ?

For obvious reasons we don't endorse individual practitioners here.
Your best bet is the Law Society and OISC official websites as a starting point.

http://solicitors.lawsociety.org.uk/sea ... &Pro=False

https://www.gov.uk/find-an-immigration- ... an-adviser