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Immigrating to the UK
- Thread starter AchmatK
- Start date
AchmatK
Honorary Master
I don't think there's a free spouse visa. I checked all the links on the gov.uk website. The UK immigration rules has changed significantly over the last 10 years.
The only way into the UK for a spouse is through the spouse/partner visa that cost over £1500 plus the health surcharge that will be doubling from 8 January 2019.
I'm aware of the CTA and while the UK is part of the EU, the non EU spouse of a British citizen can go to Ireland and apply for the EEA family permit. After the UK leaves the EU on 29 March, my wife can still move freely to Ireland as a British citizen. The only issue is that the CTA does not address the non British spouse of a British citizen.
Dave
Honorary Master
The spouse visa has been chargeable since at least the 1990’s, I remember helping someone apply late 90’s and it was in the hundreds of £’s back then, google shows it was £800 in 2010.
I see it’s £1464 at present and is going up to £1523 in April 2019.
https://sterling-law.co.uk/en/immigration-uk-visa-fees-2018/
AchmatK
Honorary Master
I don't know where @Dairyfarmer got his info that you can get one free in Pretoria.
Be careful about entering a western country on a visa that doesn’t give you the right to work, then at immigration control it looks like you will be tempted to work. I’m not sure if entering on a visitors visa at the same time your spouse is entering to stay permanently is a good idea. If you enter on a visitors visa then you probably HAVE to leave before you can apply for the spouse visa. They don’t like transferring visa conditions while in the country. Get legal advice from immigration lawyers. I used Breytenbachs. Very good and professional. Do not think you can trick the authorities.
AchmatK
Honorary Master
The UK is quite clear that you cannot change from a visitor visa to a spouse visa and must apply from outside the UK.
You can however apply for an EEA family permit in any of the EU countries as long as you have a valid visa for that country at the time. This can even be a visitor visa. The EEA family permit is not a visa but allows you to live and work in the EU country where your EU partner is.
In the Dublin case, my wife as a British citizen can live and work there. As her South Africa partner I can stay with her and apply for an EEA family permit when I'm there. The EEA family permit will allow me to return to the UK with her. Brexit however had screwed this option going forward after 29 March 2019.
@signates is quite correct. He cannot enter the UK using EU regulations as his wife is a UK citizen. They can only do so by using the draconian UK domestic immigration laws.
His wife has to earn at least £ 18 600.00 pa or have £ 65k in savings or investments. His funds will not be taken into consideration.
The cost of the visa for his wife would be around £ 1 400.00. These conditions are to frustrate certain groups of settled immigrants from importing family members and rightfully so.
This leaves the OP with no option but to relocate to Ireland as he does not need a visa and his wife as a UK citizen has a right to live in Ireland.
After living in Ireland for a minimum of 3 months they can enter the UK using the EU immigration laws.
No financial questions asked. No need for health insurance.
Now you may think that Brexit will happen on 29 March 2019 and he will miss it. Not so. The transition period will end on 30 June 2021. He has until then to enter the UK under EU immigration laws.
However, should the Brexit deal fail then he would have to enter the UK before 29 March 2019. This is highly unlikely as the latest news here is that the UK gov may opt for a delay, scrap or even a new referendum. It is 50/50 on this.
His wife has to earn at least £ 18 600.00 pa or have £ 65k in savings or investments. His funds will not be taken into consideration.
The cost of the visa for his wife would be around £ 1 400.00. These conditions are to frustrate certain groups of settled immigrants from importing family members and rightfully so.
This leaves the OP with no option but to relocate to Ireland as he does not need a visa and his wife as a UK citizen has a right to live in Ireland.
After living in Ireland for a minimum of 3 months they can enter the UK using the EU immigration laws.
No financial questions asked. No need for health insurance.
Now you may think that Brexit will happen on 29 March 2019 and he will miss it. Not so. The transition period will end on 30 June 2021. He has until then to enter the UK under EU immigration laws.
However, should the Brexit deal fail then he would have to enter the UK before 29 March 2019. This is highly unlikely as the latest news here is that the UK gov may opt for a delay, scrap or even a new referendum. It is 50/50 on this.
Dairyfarmer
Executive Member
Those are fees charged by agencies to process visas. Please make sure that you are applying directly and not through an agent! Sterling Law is a law firm. Their services are not free. They are not a UK Govt department.
November 2000 is when we did my wife's visa. I'll try find her passport and scan the visa.
https://visa-fees.homeoffice.gov.uk...ss-nationals/family-member-of-an-eea-national
Note where it says Visa Application Cost (ZAR) Free of charge. This is from a gov uk web site, so it is from the UK Govt. not a law firm or visa agent.
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Dairyfarmer
Executive Member
Edit: family members of Eire, Northern Ireland, Channel Islands and Isle of Man citizens will not be affected by Brexit due to the CTA drawn up in 1923. The status quo has not changed since before the EU and EEA.
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Dairyfarmer
Executive Member
Like I said, contact Citizens Advice. They are the people to speak to or contact the embassy directly. SA is full of agents wanting to extort you out of tens of thousands of Rands to do a simple FREE visa application. The same as the courier companies charging an embassies surcharge.
https://www.visa4uk.fco.gov.uk/account/register is the UK Govt. site for visas (note the gov uk domain)
https://www.visa4uk.fco.gov.uk/account/register is the UK Govt. site for visas (note the gov uk domain)
AchmatK
Honorary Master
That is for family members of an EEA national.
I already explained further up that as the husband of a British citizen I cannot apply for the EEA permit. Its not a visa but is still processed by UKVI through their normal visa application process.
Please read and comprehend the following.
EEA family permit is for the spouse of an EEA citizen living in the UK and not for the spouse of a UK citizen returning or living in the UK. The spouse of a UK citizen must apply through the normal immigration rules and not the EEA free movement rules.
And I'm not using an agent but going through the correct official channels and the fees are £1500 for the visa.
Dairyfarmer
Executive Member
ATM a UK citizen and an EU citizen have the same process. There is no distinction made. They are treated as EEA nationals. Things may change once Brexit comes into effect.
AchmatK
Honorary Master
No they are not the fees charged by agencies.
In the screenshot you selected the incorrect option. I'm not applying for the visa to join an EEA national but to join as the partner of a settled person, i.e. A British citizen.
AchmatK
Honorary Master
You are wrong on that.
Family of an EU citizen exercising EU free movement treaty rights are handled differently to family of UK citizens.
https://www.gov.uk/family-permit
pedruid
Expert Member
Thanks, signates, that's the one. I just found his posts so well written and extremely interesting, but nothing since October. Any idea why?
Utter nonsense. An EU member returning to his country of nationality with a non EU partner will fall under his country's domestic immigration laws and not EU laws. This is a well known fact and can be Googled. I have spoken about this on this very thread but you choose to not read posts. I don't want to brag but I am well conversant with EU immigration regulations and I am informed immediately on any news in this regard. Why do you think most people in this situation use the Surinder Singh route to bypass UK domestic immigration rules?
READ MY POST #148
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Dave
Honorary Master
Nope, completely wrong, I only chose that link as it was set out nicely, that’s the UK govt visa fee.
Here’s a link to the .gov page
https://www.gov.uk/government/publications/visa-regulations-revised-table/8-october-2018
Dave
Honorary Master
Nope, definitely incorrect. They are 2 completely separate processes, you cannot use the EU process to come to the UK with a UK citizen spouse.
Dairyfarmer
Executive Member
Don't confuse a "Settled Person" with a UK citizen. A Settled person is someone that has been granted indefinite leave to remain, but has not been naturalised.
If you are a UK (or any other EEA) citizen, you need to select "Family member of an EEA national". If you have been granted Indefinite Leave to Remain (or Permanent Residence as it is also called) but not naturalised, you may apply for a family member to join you, but this is where the fees come in. This is to try stop one person getting ILR and then bringing a boat load of family over.
Wrong.
If you don't believe me, just try apply for the free visa.
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