Young couple need help/options to live in UK - EEA route?

sadmanonatrain wrote: Could you help me by answering some questions I have about our eligibility for the EEA family permit? YOU PARTNER IS NOT ELIGIBLE FOR A FAMILY PERMIT AT THIS STAGE. THIS CAN BE RECTIFIED BY UNDERTAKING THE SURINDER SINGH ROUTE VIA ANOTHER EEA COUNTRY (MANY BRITISH PEOPLE DO IT IN IRELAND/MALTA BUT OTHER COUNTRIES WILL BE FINE TOO). AS CASA SAYS, YOU CAN FIND LOTS OF INFO ON GOOGLE AND THERE ARE VARIOUS FACEBOOK GROUPS ABOUT THE SURINDER SINGH ROUTE TOO.

DO YOU, BY ANY CHANCE, HAPPEN TO HAVE ANY OTHER CITIZENSHIPS? E.G. YOU MENTIONED GERMANY? ANY OF YOUR PARENTS/GRANDPARENTS IRISH PERHAPS?

1.) I don't know what 'evidence’ is required to show we're in a ‘lasting relationship’. Is it only material things? Testimonials?
We've been an unmarried couple for 1 year 3 months. (I saw a figure of 2 years, is that minimum?) We've lived and travelled together, both in Japan and here in Australia. But we don't have official written proof of either (housing wise) - due to the nature of there being no official leases. Just cash in hand etc. We have dated photos and I have published video logs on YouTube spanning all that so far. But I assume the latter means nothing to the old generation that evidently review such applications. In addition to some separately named mail items showing our current address. Off the top of my head. 2 YEARS IS THE MINIMUM AND YOU WOULD NEED SOME MORE CONCRETE EVIDENCE, E.G. JOINT TENANCY/BANK STATEMENTS/UTILITY BILLS ETC. THERE ARE SOME IDEAS FOR WHAT YOU COULD PROVIDE HERE: Vhttp://uklgig.org.uk/?page_id=1000. THIS WEBSITE IS UK LESBIAN AND GOAL IMMIGRATION GROUP BUT THERE IS USEFUL INFORMATION FOR EVERYONE THERE.

2.) As a British citizen am I in the EEA? She is outside the EEA, being Japanese. It's just the language on UK.GOV website reads as if it applies to all citizens in the EEA except the UK. Very naive one. WELL, YOU ARE AN EEA CITIZEN, BUT FOR THE PURPOSES OF THE EU DIRECTIVE ON FREE MOVEMENT YOU'RE NOT VIEWED AS AN EEA CITIZEN IN THE UK (AS YOU'RE BRITISH): READ THE DIRECTIVE FOR MORE INFO: http://eur-lex.europa.eu/legal-content/ ... 38&from=EN). IF YOU WERE TO MOVE TO ANOTHER EEA OF WHICH YOU DON'T HAVE CITIZENSHIP (E.G. IRELAND) THEN YOU WOULD BE VIEWED AS AN EEA CITIZEN AND, AS CASA SAID, YOU COULD WORK THERE FOR A WHILE (SOME PEOPLE SAY 3 MONTHS IS ENOUGH, BUT IF YOU'RE NOT IN A RUSH, THEN THE LONGER THE BETTER) AND APPLY FOR AN EEA FAMILY PERMIT TO MOVE BACK TO THE UK.

3.) I mean, this is a 6 month permit right? Can she work or look for visa sponsored work? On the face of it, why does anyone try and apply to get the spousal visa when this supposedly 'easy' permit exists? AS ABOVE, YOU'RE NOT ENTITLED YET. HOWEVER, AFTER YOU DO THE SURINDER SINGH ROUTE, SHE WILL BE ENTITLED TO WORK. AS YOU SHOULD NOW REALISE, THE 'EASY' PERMIT ISN'T EASY FOR YOU.

4.) What happens after the permit expires? The website says she'll need to apply for a residence card after. What does a residence card essentially do, allow her to do and how long does that last? The requirements seem to be the same as the actual permit? So if you successfully get the permit the residence card shouldn't be an issue. SHE DOESN'T HAVE TO APPLY FOR A RESIDENCE CARD; IT'S OPTIONAL. YOUR PARTNER WILL BE ELIGIBLE FOR THE RESIDENCE CARD AFTER YOU GUYS MOVE TO THE UK FROM THE OTHER EEA COUNTRY. THE RESIDENCE CARD WILL ENABLE HER TO PROVE HER RIGHTS IN THE UK, E.G. TO WORK/TO STAY FOR LONGER THAN ANY OTHER JAPANESE CITIZEN ON A NORMAL TOURIST VISA ETC. YOU DON'T HAVE TO HAVE IT, BUT IT IS BEST TO HAVE ONE.

5.) Based on the above; Can she apply as an 'extended family member’ via me as an ‘unmarried partner’? YOU WOULD HAVE TO PROVE THE RELATIONSHIP HAS BEEN LASTING AND GENUINE. DON'T THINK YOUR DOCUMENTS WOULD ENABLE THIS. IF YOU ARE SERIOUS ABOUT EACH OTHER CONSIDER, AS CASA HAS SAID, GETTING MARRIED IN THE OTHER EEA COUNTRY, E.G. MALTA ETC (IF THIS IS POSSIBLE: I DON'T KNOW ANYTHING ABOUT RESIDENCE REQUIREMENTS FOR MARRIAGE IN ANY COUNTRY)

A really big worry for us is that because our life situation is very dire financially we have no chance. We are barely making any sort of living in Australia. Just enough to get by on the jobs I can get on our WHV. When I made an account to test the waters for the permit online the questions seemed heavily influenced by financial subjects. I mean, none of us are in a situation to get career based roles because we're 'travelling'. So the answers to those questions would be a laughable low amount of pay. She has a degree in Linguistics, perfect English and currently does 'fight for the lowest pay bid' freelance translations. But she tells me she cannot get a UK working visa because she wouldn't meet the requirements. To me that sounds absurd. I guess the only citizens from outside the EU staff the UK wants is NHS staff. In Japan she worked for an actual company doing translations and I was teaching English as a second language. SHE WOULD DEFINITELY NEED A WORK VISA IF SHE WERE TO COME HERE BY HERSELF. THIS IS NOT ABSURD; THIS IS THE LAW. YOUR OPTIONS ARE: THE SPOUSE VISA (UNLIKLEY IF YOU ARE FINANCIALLY STRAPPED) OR THE EEA ROUTE (SURINDER SINGH). IF YOU HAVE AN CERTIFICATE IN EFL, E.G. CELTA, YOU MIGHT BE ABLE TO GET A JOB EASILY IN SPAIN AS AN ENGLISH TEACHER. OBVIOUSLY, THE SALARY WOULD BE REALLY LOW BUT I HOPE IT WOULD BE ENOUGH TO GET BY.

START YOUR RESEARCH ON SURINDER SINGH HERE:
http://britishexpats.com/forum/citizens ... ar-804420/
SEARCH FOR SOME RELATED GROUPS ON FACEBOOK, E.G.: SS RIGHTS, EEA FREEDOM OF MOVEMENT; SURINDER SINGH ROUTE- EU FREE MOVEMENT;

Honestly I don't know much about this at all. I just want to know how we can both live and work in the UK. Is this the best option for us?

I ask here because the official site says individual circumstances will be considered when you apply. I hope what I've written is clear. even if a bit jumbled in messaging, with a few snappy remarks. I thought I'd first email the actual visa website for advice but all I got was a copy and paste response to links detailing the overview of EEA. And to actually talk to someone on the phone is something like 1.27 pounds per minute... THERE'S NO POINT TRYING TO CALL/EMAIL THE HOME OFFICE. THEY DON'T GIVE THE KIND OF ADVICE YOU'RE LOOKING FOR AND THEIR WEBSITE IS ABOUT ALL THE INFO THEY WOULD GIVE YOU ANYWAY. I ASSUME YOU HAVE NOTICED THE SECTION ON SURINDER SINGH ON THEIR SITE: https://www.gov.uk/family-permit/surinder-singh. YOU REALLY SHOULD TRY TO GET UP TO SPEED WITH THIS FIRST.

I hope this is the right place to ask as time is pressing for us.
Thanks for any help and we highly appreciate any information/personal opinions,

Casa wrote:Firstly, unless you also hold German nationality you aren't considered to be an EEA citizen for UK immigration purposes, which means that the majority of your points where you're asking for clarity are irrelevant. The six month EEA permit is only open to family of nationals of other EU states, not the UK.
As far as an Unmarried Partner visa is concerned, you would need to show that you have been living in a relationship 'akin to marriage' for a minimum of two years (not girlfriend and boyfriend) and have documented evidence to support this. i.e joint finances, tenancy or mortgage agreement etc. If you were able to meet this mandatory condition, under the UK route to settlement you would have to show that you have been earning the equivalent of £18,600 per annum for the past six months (this can be joint earnings) and have a confirmed offer for you as the sponsor to start within 3 months of arriving in the UK, again meeting the £18,600 per annum.
As you don't currently meet the rules for an Unmarried Partner visa, your only option for settlement would be to marry outside of the UK and apply for a spouse visa (fee £956 + £600 NHS surcharge) or apply for a fiance visa and marry in the UK. Your wife would then have to switch to an initial 2.5 year probationary spouse from within the UK. This would mean paying two visa fees + the NHS surcharges. That's assuming you're able to meet the financial conditions, which from your post doesn't seem hopeful.
Your only other option to enter under EEA rules would be to take the Surinder Singh route (google for full information). But you would still have to show a durable relationship with evidence to support it. Photos and travel records wouldn't be sufficient. To be honest, in order for Surinder Singh entry to work, you would have to marry and live in an EU state for at least six months, being employed or self-employed there before returning to the UK with a family permit.

chaoclive wrote:

sadmanonatrain wrote: Could you help me by answering some questions I have about our eligibility for the EEA family permit? YOU PARTNER IS NOT ELIGIBLE FOR A FAMILY PERMIT AT THIS STAGE. THIS CAN BE RECTIFIED BY UNDERTAKING THE SURINDER SINGH ROUTE VIA ANOTHER EEA COUNTRY (MANY BRITISH PEOPLE DO IT IN IRELAND/MALTA BUT OTHER COUNTRIES WILL BE FINE TOO). AS CASA SAYS, YOU CAN FIND LOTS OF INFO ON GOOGLE AND THERE ARE VARIOUS FACEBOOK GROUPS ABOUT THE SURINDER SINGH ROUTE TOO.

DO YOU, BY ANY CHANCE, HAPPEN TO HAVE ANY OTHER CITIZENSHIPS? E.G. YOU MENTIONED GERMANY? ANY OF YOUR PARENTS/GRANDPARENTS IRISH PERHAPS?

1.) I don't know what 'evidence’ is required to show we're in a ‘lasting relationship’. Is it only material things? Testimonials?
We've been an unmarried couple for 1 year 3 months. (I saw a figure of 2 years, is that minimum?) We've lived and travelled together, both in Japan and here in Australia. But we don't have official written proof of either (housing wise) - due to the nature of there being no official leases. Just cash in hand etc. We have dated photos and I have published video logs on YouTube spanning all that so far. But I assume the latter means nothing to the old generation that evidently review such applications. In addition to some separately named mail items showing our current address. Off the top of my head. 2 YEARS IS THE MINIMUM AND YOU WOULD NEED SOME MORE CONCRETE EVIDENCE, E.G. JOINT TENANCY/BANK STATEMENTS/UTILITY BILLS ETC. THERE ARE SOME IDEAS FOR WHAT YOU COULD PROVIDE HERE: Vhttp://uklgig.org.uk/?page_id=1000. THIS WEBSITE IS UK LESBIAN AND GOAL IMMIGRATION GROUP BUT THERE IS USEFUL INFORMATION FOR EVERYONE THERE.

2.) As a British citizen am I in the EEA? She is outside the EEA, being Japanese. It's just the language on UK.GOV website reads as if it applies to all citizens in the EEA except the UK. Very naive one. WELL, YOU ARE AN EEA CITIZEN, BUT FOR THE PURPOSES OF THE EU DIRECTIVE ON FREE MOVEMENT YOU'RE NOT VIEWED AS AN EEA CITIZEN IN THE UK (AS YOU'RE BRITISH): READ THE DIRECTIVE FOR MORE INFO: http://eur-lex.europa.eu/legal-content/ ... 38&from=EN). IF YOU WERE TO MOVE TO ANOTHER EEA OF WHICH YOU DON'T HAVE CITIZENSHIP (E.G. IRELAND) THEN YOU WOULD BE VIEWED AS AN EEA CITIZEN AND, AS CASA SAID, YOU COULD WORK THERE FOR A WHILE (SOME PEOPLE SAY 3 MONTHS IS ENOUGH, BUT IF YOU'RE NOT IN A RUSH, THEN THE LONGER THE BETTER) AND APPLY FOR AN EEA FAMILY PERMIT TO MOVE BACK TO THE UK.

3.) I mean, this is a 6 month permit right? Can she work or look for visa sponsored work? On the face of it, why does anyone try and apply to get the spousal visa when this supposedly 'easy' permit exists? AS ABOVE, YOU'RE NOT ENTITLED YET. HOWEVER, AFTER YOU DO THE SURINDER SINGH ROUTE, SHE WILL BE ENTITLED TO WORK. AS YOU SHOULD NOW REALISE, THE 'EASY' PERMIT ISN'T EASY FOR YOU.

4.) What happens after the permit expires? The website says she'll need to apply for a residence card after. What does a residence card essentially do, allow her to do and how long does that last? The requirements seem to be the same as the actual permit? So if you successfully get the permit the residence card shouldn't be an issue. SHE DOESN'T HAVE TO APPLY FOR A RESIDENCE CARD; IT'S OPTIONAL. YOUR PARTNER WILL BE ELIGIBLE FOR THE RESIDENCE CARD AFTER YOU GUYS MOVE TO THE UK FROM THE OTHER EEA COUNTRY. THE RESIDENCE CARD WILL ENABLE HER TO PROVE HER RIGHTS IN THE UK, E.G. TO WORK/TO STAY FOR LONGER THAN ANY OTHER JAPANESE CITIZEN ON A NORMAL TOURIST VISA ETC. YOU DON'T HAVE TO HAVE IT, BUT IT IS BEST TO HAVE ONE.

5.) Based on the above; Can she apply as an 'extended family member’ via me as an ‘unmarried partner’? YOU WOULD HAVE TO PROVE THE RELATIONSHIP HAS BEEN LASTING AND GENUINE. DON'T THINK YOUR DOCUMENTS WOULD ENABLE THIS. IF YOU ARE SERIOUS ABOUT EACH OTHER CONSIDER, AS CASA HAS SAID, GETTING MARRIED IN THE OTHER EEA COUNTRY, E.G. MALTA ETC (IF THIS IS POSSIBLE: I DON'T KNOW ANYTHING ABOUT RESIDENCE REQUIREMENTS FOR MARRIAGE IN ANY COUNTRY)

A really big worry for us is that because our life situation is very dire financially we have no chance. We are barely making any sort of living in Australia. Just enough to get by on the jobs I can get on our WHV. When I made an account to test the waters for the permit online the questions seemed heavily influenced by financial subjects. I mean, none of us are in a situation to get career based roles because we're 'travelling'. So the answers to those questions would be a laughable low amount of pay. She has a degree in Linguistics, perfect English and currently does 'fight for the lowest pay bid' freelance translations. But she tells me she cannot get a UK working visa because she wouldn't meet the requirements. To me that sounds absurd. I guess the only citizens from outside the EU staff the UK wants is NHS staff. In Japan she worked for an actual company doing translations and I was teaching English as a second language. SHE WOULD DEFINITELY NEED A WORK VISA IF SHE WERE TO COME HERE BY HERSELF. THIS IS NOT ABSURD; THIS IS THE LAW. YOUR OPTIONS ARE: THE SPOUSE VISA (UNLIKLEY IF YOU ARE FINANCIALLY STRAPPED) OR THE EEA ROUTE (SURINDER SINGH). IF YOU HAVE AN CERTIFICATE IN EFL, E.G. CELTA, YOU MIGHT BE ABLE TO GET A JOB EASILY IN SPAIN AS AN ENGLISH TEACHER. OBVIOUSLY, THE SALARY WOULD BE REALLY LOW BUT I HOPE IT WOULD BE ENOUGH TO GET BY.

START YOUR RESEARCH ON SURINDER SINGH HERE:
http://britishexpats.com/forum/citizens ... ar-804420/
SEARCH FOR SOME RELATED GROUPS ON FACEBOOK, E.G.: SS RIGHTS, EEA FREEDOM OF MOVEMENT; SURINDER SINGH ROUTE- EU FREE MOVEMENT;

Honestly I don't know much about this at all. I just want to know how we can both live and work in the UK. Is this the best option for us?

I ask here because the official site says individual circumstances will be considered when you apply. I hope what I've written is clear. even if a bit jumbled in messaging, with a few snappy remarks. I thought I'd first email the actual visa website for advice but all I got was a copy and paste response to links detailing the overview of EEA. And to actually talk to someone on the phone is something like 1.27 pounds per minute... THERE'S NO POINT TRYING TO CALL/EMAIL THE HOME OFFICE. THEY DON'T GIVE THE KIND OF ADVICE YOU'RE LOOKING FOR AND THEIR WEBSITE IS ABOUT ALL THE INFO THEY WOULD GIVE YOU ANYWAY. I ASSUME YOU HAVE NOTICED THE SECTION ON SURINDER SINGH ON THEIR SITE: https://www.gov.uk/family-permit/surinder-singh. YOU REALLY SHOULD TRY TO GET UP TO SPEED WITH THIS FIRST.

I hope this is the right place to ask as time is pressing for us.
Thanks for any help and we highly appreciate any information/personal opinions,

YOU NEED TO CONSIDER MOVING QUICK. IF THE UK LEAVES THE EU (AFTER THE REFERENDUM WHICH DAVID CAMERON WANTS TO HOLD), THINGS WOULD BE UNCERTAIN. NO-ONE CAN PREDICT EXACTLY WHAT WOULD HAPPEN IN THE FUTURE.

Wanderer wrote:I'd say that the SS door will be firmly shut one way or another in the next 12 months...

Casa wrote:"I'd also like to say that other people who want to do SS route consider doing it before the end of 2016 due to uncertainty of referendum result."


Apart from a few months difference, your comment concurs with Wanderer's post

Casa wrote:"I'd also like to say that other people who want to do SS route consider doing it before the end of 2016 due to uncertainty of referendum result."


Apart from a few months difference, your comment concurs with Wanderer's post

sadmanonatrain wrote:
...thank you for that quick detailed answer. That's what I was looking for, albeit not the what I wanted to hear. It baffles the mind that it's easier for an EU citizen and their foreign partner to come live/settle in the UK than it is for a British citizen to do the same. And that I'd have to change my nationality to German. Does dual nationality count? Which is possible but that is extreme in my view. I can't be the only one who thinks this is all a bit, excuse the language, f*ing backwards.

I appreciate those other options (with the requirements) you gave.

logical_1 wrote:

Wanderer wrote:I'd say that the SS door will be firmly shut one way or another in the next 12 months...

I disagree. Surinder Singh door can't be shut as long as the UK remains part of EU/EEA.

Petaltop wrote:
Cameron wants to get rid of non-EU citizens who used the EU to get to the UK, and to stop EU citizens from any UK in work benefits for 4 years. If he doesn't get what he wants the UK leave the EU and no prizes for guessing what will happen to these types in the UK.

Obie wrote:

Petaltop wrote:
Cameron wants to get rid of non-EU citizens who used the EU to get to the UK, and to stop EU citizens from any UK in work benefits for 4 years. If he doesn't get what he wants the UK leave the EU and no prizes for guessing what will happen to these types in the UK.

When did Cameron discuss this with you. So far i have seen no document where he has said this, neither is this part of his negotiation with the EU.

Wanderer wrote:
I think I heard him mention this after the Aston Villa game. Or was it the West Ham game?

Obie wrote:
When did Cameron discuss this with you. So far i have seen no document where he has said this, neither is this part of his negotiation with the EU.

Petaltop wrote:

Obie wrote:
When did Cameron discuss this with you. So far i have seen no document where he has said this, neither is this part of his negotiation with the EU.

Good joke.At least I hope it was a joke? Even those from the poorest countries have heard of the www, search engines, BBC ect.