surinder singh route help

[adam_p]

hi,

my name is adam and i am new to this site I've been trying to read through everything and just getting really confused. I am australian and my wife is english and we applied for a spousal visa earlier this year from australia not realising that the only way to get it would be if my wife had been residing in the uk and earning the minimum amount (stupid of me i know) so we got denied!! since then we have moved to berlin and apart from not really enjoying it we are now wanting to finally move to the uk. We have been here since may 30 of this year so nearly 6 months now, i am currently here under a working holiday visa as it was quicker to get and i could start work earlier then waiting for the EEA family permit which with german bureaucracy the way it is can take quite a while. so thats the end of my story

my question is if anyone can help is do i need to be under the EEA family permit to qualify for the surinder singh route or can i do it on the visa I'm on?

also how long can it take to get granted the visa?


any help at all would be amazing i will continue to search through and find information myself swell


again thank you

[noajthan]

hi,

my name is adam and i am new to this site I've been trying to read through everything and just getting really confused. I am australian and my wife is english and we applied for a spousal visa earlier this year from australia not realising that the only way to get it would be if my wife had been residing in the uk and earning the minimum amount (stupid of me i know) so we got denied!! since then we have moved to berlin and apart from not really enjoying it we are now wanting to finally move to the uk. We have been here since may 30 of this year so nearly 6 months now, i am currently here under a working holiday visa as it was quicker to get and i could start work earlier then waiting for the EEA family permit which with german bureaucracy the way it is can take quite a while. so thats the end of my story

my question is if anyone can help is do i need to be under the EEA family permit to qualify for the surinder singh route or can i do it on the visa I'm on?

also how long can it take to get granted the visa?

any help at all would be amazing i will continue to search through and find information myself swell

again thank you

Welcome.

Don't mix up German docs/visas with UK docs/visa.

To come to UK you can utilise a German Article 10 RC (if you have one) to get you over the UK border with sponsor/spouse and/or apply for UK FP to smooth the way.
Alternately, being a visafree national, I suppose you could even use that way to come to UK.
But FP would be best.

Once in UK live your life. Apply for optional RC if you wish.

There is a complication however. UK has just tightened up rules on SS - to block those circumventing UK domestic regs.
And you have already declared your hand with spouse visa application.
You may wish to bite the bullet and stay out a little longer to clinch the UK's somewhat controversial centre of life test.
Perhaps give it 8/9 months or a year in total.

And be aware that, with Brexit looming, there is unlikely to be time to acquire PR in the normal way even when you have made it to UK.
Good luck.

[adam_p]

thanks you for the helpful info, so are you saying that i can enter england with a tourist visa and then once in england apply for the fp how do you apply for it in the uk? and will i be able to work on arrival or do i have to wait for the fp to come through?

i have seen some people at the border demanding the right for a stamp at the border which allows me to work is that so?

thank you

[noajthan]

thanks you for the helpful info, so are you saying that i can enter england with a tourist visa and then once in england apply for the fp how do you apply for it in the uk? and will i be able to work on arrival or do i have to wait for the fp to come through?

i have seen some people at the border demanding the right for a stamp at the border which allows me to work is that so?

thank you

You don't need a FP if you make it into the country with a sponsor and/or some other visa.
But FP as an 'entry visa' is simplest as all checks are completed before you travel.

Get up to speed on free movement here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

[ALKB]

hi,

my name is adam and i am new to this site I've been trying to read through everything and just getting really confused. I am australian and my wife is english and we applied for a spousal visa earlier this year from australia not realising that the only way to get it would be if my wife had been residing in the uk and earning the minimum amount (stupid of me i know) so we got denied!! since then we have moved to berlin and apart from not really enjoying it we are now wanting to finally move to the uk. We have been here since may 30 of this year so nearly 6 months now, i am currently here under a working holiday visa as it was quicker to get and i could start work earlier then waiting for the EEA family permit which with german bureaucracy the way it is can take quite a while. so thats the end of my story

my question is if anyone can help is do i need to be under the EEA family permit to qualify for the surinder singh route or can i do it on the visa I'm on?

also how long can it take to get granted the visa?


any help at all would be amazing i will continue to search through and find information myself swell


again thank you

Just to make sure we all talk about the same thing:

Family Permit = Entry clearance to UK under EU freedom of movement rules, has to be applied for outside of the UK, valid for 6 months, unique to the UK (the equivalent of this for a Schengen country like Germany would be a short term Schengen visa issued under EU rules).

RC = Residence Card for family members of EEA nationals, issued in-country, valid for 5 years

Having an RC of the host country is not a requirement when moving to the UK through Surinder Singh but I think it would be a positive factor. Personally, I'd at the very least apply for the FP before moving but it's of course your call.

I am not sure why you think that Germany is slow in issuing RC's.

EU rules allow host states to take up to 6 months for processing of RC and some member states seem to routinely max this out just because they can. Germany is not one of those. If it is clear that the EEA sponsor is exercising treaty rights, decisions regarding RC's are generally made on the day of application. If it takes longer, it's often because of incomplete supporting documents or because the sponsor is a jobseeker.

Six months seem relatively short - do you have plenty of evidence that you have moved your centre of life to Germany?

[adam_p]

hi thank you so much for the help and clarification.

its not that it takes a long time to issue but to get an actual booking and a translator to go with us can take a few months, we will be going through this.

the evidence we have is that we have both been working here for 5 months we have a rental contract, we both have a certificate in basics in german. since we have been here we have bought a pet rat (the wife really wanted one) if this won't be enough i don't know what else we would need, they seem to not have any set standards for proof of moving your centre of life here.

if we applied for the ss online how long does it usually take to get the fp for the uk? just a rough guide of processing times would be great

[noajthan]

Info is sketchy but here's a steer on col:
https://www.gov.uk/government/uploads/s ... dacted.pdf

My understanding is a few weeks for FP.

[ALKB]

hi thank you so much for the help and clarification.

its not that it takes a long time to issue but to get an actual booking and a translator to go with us can take a few months, we will be going through this.

the evidence we have is that we have both been working here for 5 months we have a rental contract, we both have a certificate in basics in german. since we have been here we have bought a pet rat (the wife really wanted one) if this won't be enough i don't know what else we would need, they seem to not have any set standards for proof of moving your centre of life here.

if we applied for the ss online how long does it usually take to get the fp for the uk? just a rough guide of processing times would be great

What about leisure activities?

Do you do anything apart from working that could be interpreted as participating in society?

Playing football in a local club? Singing in a choir? Joined a local hiking group? Knitting group? Avengers fan meetup? Playing in a band? Volunteered in some capacity?

An FP application should take no longer than 3 weeks. When my husband still had to apply for FP's, he always had his passport back within 3 weeks and that included posting from the Berlin VAC to Düsseldorf, where applications are processed, and back to Berlin.

Getting an FP would at least give you a bit of an indicator (though no guarantee) of how likely you are succeed with your RC application later on.

[noajthan]

The pet rat is a nice touch - very original. Hope s/he makes it to UK.