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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Unfortunately there is no way i will be able to meet the minimum

Resolved Question:

Unfortunately there is no way i will be able to meet the minimum amount of income per annum required to apply for a marital visa in order to move my Mexican girlfriend here to England. I heard that there is a way around this via moving to Spain and becoming a Spanish citizen and then moving my girlfriend to Spain to marry and then moving back to the uk. Apparently because she will be classed as an EU citizen, under the EU treaty the minimum income of £18,600 a year won't apply. Is this true? How would i go about this?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.You are referring to an application under the surinder singh ruling.This is where you move to an EEA country and exercising your treaty rights there by working, usually for a period of 6 months or more. Prior to, or during, your move to Spain you would marry your girlfriend (eg in Mexico). Then you would move her to Mexico by her applying for the Spanish equivalent of an EEA family permit.Then once you have both been in Spain for a period of time and intend to return to the UK, your girlfriend can apply for an EEA family permit. This is differnet to a spouse visa and she would be regarding as the family member of an eea national returning to the UK. This means that she would not have to show that you meet the income requirement and would only have to show that you can support/accommodate each other. My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question. Kind regards,Tom
Customer: replied 1 year ago.
Will the amendments made in 2013 affect me? The amendments state that my "centre of life" has to be with the country i emmigrate to. Would i have to buy a house in Spain?
Expert:  Thomas replied 1 year ago.
HiYou would not necessarily have to buy a house but you would have to show that you had made Spain your contry of residence for a considerable period of time, at least 6 months but ideally over a year..Please remember to rate my answer.Tom
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