This backdoor spouse visa scheme for UK can't be legal?

[Jay Sata]

I have an advert for a spouse visa scheme using Ireland constantly popping up on my screen over the last few days. I am not going to give their website details but the Rochdale limited company appear to offer a surefire way of getting a spouse to the UK.

Surely this cannot be legal?

Here is their claim.

Regulation 9 of the EEA Immigration Regulations 2006 allow British citizens who have worked and lived in another EU country to return to the UK with their spouse and children. This is also known as the Surinder Singh route.

We obtain a visa for your spouse in Ireland, the only documents you need are your passports and marriage certificate..Once your spouse has their visa (usually within a month) , we arrange accommodation and employment for you, so everything is ready when your arrive in Ireland together. We take care of all the documentation and applications and visas so you and your spouse can enjoy your holiday in Ireland together.

What about my accommodation?

We place you in private accommodation, suitable for you, nearby Dublin or if you have any preferences let us know. The cost of rent is included in the package.

What about my employment?

One of the conditions to benefit from the Surinder Singh route is employment or self employment in the EU country. Paid employment is provided in our package, so theres no need to spend months submitting your CV and searching on job sites. If you prefer to work from home as self employed, we can set you up with a website and online business so you can spend time with your spouse and explore Ireland.

Edited July 7, 2015 by Jay Sata

[bobrussell]

Not surprising that one of the more dubious immigration advisors have produced a package that appears to comply with the terms of Surinder Singh route. i am sure they will provide the service for a small fee! You pay them, they give some back as 'paid employment'.

However it is unlikely that UKVI will take this sitting down! If it is decided that the move is not genuine and effective then settlement may be blocked (not sure how the British government will do this). It will all eventually end up in court or by changing the rules or interpretation of them.

These changes are to ensure that a British citizen engages in genuine and effective use of the rights conferred by Directive 2004/38/EC before a right to reside in the United Kingdom is conferred on a non-EEA family member.’

[Jay Sata]

I would have thought a pattern will emerge to be quickly spotted by an entry clearance officer.

Why Dublin?

Reading between the lines the package appears to be paid employment funded by the applicant.

They even suggest being self employed and having a holiday while waiting for the three months to elapse.

Edited July 7, 2015 by Jay Sata

[wooloomooloo]

Surely this cannot be legal?

The Surinder Singh route or the hiring of a facilitator?

I would have thought a pattern will emerge to be quickly spotted by an entry clearance officer.

I'm sure the ECOs are well aware of the pattern.

Why Dublin?

The agent has an established network there.

[teatree]

I would have thought a pattern will emerge to be quickly spotted by an entry clearance officer.

Why Dublin?

Reading between the lines the package appears to be paid employment funded by the applicant.

They even suggest being self employed and having a holiday while waiting for the three months to elapse.

Dublin would be an obvious choice for a native English speaker whose Thai wife also very likely speaks English.

[misterphil]

Ireland is not in the UK.

The UK consists of 4 different countries.

England

Scotland

Wales

Northern Ireland

Nortern Ireland and Ireland are 2 seperate countries.

A visa for Ireland does not allow you to enter the UK.

[technologybytes]

I am trying to find this website, anybody have any tips on how to find it ?

[sammygood]

haha, a visa farm in ireland

not that we have any here in thailand, right ?

[whiterussian]

However it is unlikely that UKVI will take this sitting down! If it is decided that the move is not genuine and effective then settlement may be blocked (not sure how the British government will do this). It will all eventually end up in court or by changing the rules or interpretation of them.

Be interested to know repercussions down the line. 1000 years of ancestry in England, 200+ years of English ancestors in the forces/navy... even Trafalgar.

If only the south of France was easier *sigh*

[Always18]

This is a perfectly legal route (Surinder Singh) but the practicalities of achieving the desired end result are far from straightforward.

The biggest obstacle (and I've researched this, but using France as the entry point) is the UK's unlawful insistence that the couple must prove their "centre of life" was moved to Ireland/France etc. prior to their attempt to enter the UK together, and this is very unlikely to be achieved by a short stay in whichever non-UK country you use for the route.

I strongly suggest using Google to help you get a proper picture of the correct way to approach the problem.

[NanLaew]

I am trying to find this website, anybody have any tips on how to find it ?

PM to the OP?

[gandalf12]

What is te problem with going to the British Embassy and getting a visa for your wife? I have done it and I had no problem. Just produce the required documentation and apply. I dont see why there is this discussion

[whiterussian]

What is te problem with going to the British Embassy and getting a visa for your wife? I have done it and I had no problem. Just produce the required documentation and apply. I dont see why there is this discussion

Some folk don't have required 18.6K income (for 6 months prior) or 64K gbp in assets/savings in the UK. For just a spouse visa perhaps that's fair given the track record of Thai women... however if you bring a British/Thai child into the equation - the hoops are oppressive, or at least when compared to EU, or the influx of third worlders migrants such as those in Calais camps.

[matman]

What is te problem with going to the British Embassy and getting a visa for your wife? I have done it and I had no problem. Just produce the required documentation and apply. I dont see why there is this discussion

This is not a case of just obtaining a visa for one's spouse to VISIT the UK, this appears to be a way that one can (eventually) return to the UK with ones spouse and live there not just visit.

Current UK immigration requirements for returning to the UK with your spouse to live are that you must have £63,000 in the Bank or an income of £19,000 a year. So it is not just a case of producing the required doccumentation.

I don't comply with either of the financial requirements, yet have a home in the UK currently for sale at £600,000 which is free from any tie, yet I stll can not live in the country of my birth with my chosen life partner, a clear breach of my human rights to a fanily life.

[northernphil]

Ireland is not in the UK.

The UK consists of 4 different countries.

England

Scotland

Wales

Northern Ireland

Nortern Ireland and Ireland are 2 seperate countries.

A visa for Ireland does not allow you to enter the UK.

Hi misterphil , northern phil calling. Interesting, and a tad off topic but when I went to Thai post a couple of months ago I put Uk after the address in England , the chap didn't know of the UK. I thought he was on medication or smoking medicinal compound , next day we went to a different PO and my wife asked what the prob. was . He said I should write GB not UK.. You are right of course GB is England ,Wales ,Scotland. UK is England Wales , Scotland & Northern Ireland.

[misterphil]

Ireland is not in the UK.

The UK consists of 4 different countries.

England

Scotland

Wales

Northern Ireland

Nortern Ireland and Ireland are 2 seperate countries.

A visa for Ireland does not allow you to enter the UK.

Hi misterphil , northern phil calling. Interesting, and a tad off topic but when I went to Thai post a couple of months ago I put Uk after the address in England , the chap didn't know of the UK. I thought he was on medication or smoking medicinal compound , next day we went to a different PO and my wife asked what the prob. was . He said I should write GB not UK.. You are right of course GB is England ,Wales ,Scotland. UK is England Wales , Scotland & Northern Ireland.

Try posting something to The Isle of Man. That'll bring tears to your eyes with frustration.

They kept asking me if it was in London lol. They said they couldnt find Douglas, Isle of Man

In the end I had to say yes it was in London but wrote the address something like this.

Billy Nomates

123 High Street

Douglas

London

Isle of Man

United Kingdom

It got to its destination though.

[winstonc]

surinder sing is perfectly legal just make sure you plan everything well in advance.your wife applies at irish consulate for a visa 2004/38/eu..something like that.but do check please.my wife done this under the frreedom of travel for eu citizens and can bring your wife with you..easy we go on the 19th july to dublin but you wont get me living back in the uk.no siree its a slum now..website inis irish government site or google eu laws good luck..

[superal]

What is te problem with going to the British Embassy and getting a visa for your wife? I have done it and I had no problem. Just produce the required documentation and apply. I dont see why there is this discussion

This is not a case of just obtaining a visa for one's spouse to VISIT the UK, this appears to be a way that one can (eventually) return to the UK with ones spouse and live there not just visit.

Current UK immigration requirements for returning to the UK with your spouse to live are that you must have £63,000 in the Bank or an income of £19,000 a year. So it is not just a case of producing the required doccumentation.

I don't comply with either of the financial requirements, yet have a home in the UK currently for sale at £600,000 which is free from any tie, yet I stll can not live in the country of my birth with my chosen life partner, a clear breach of my human rights to a fanily life.

I 100% agree and sympathise with your statement and I am in a similar financial position as yourself . I made a post here recently expressing my concerns of trying to get my girl friend a tourist visa to the UK which failed because of the decision , opinion and interpretation made by the UK immigration despite the fact that I complied with all of the requirements . My letter drew several replies from successful applicants who more or less said that I had not been compliant in my application . Well I can tell you that I was and the reason for rejection was unfounded but there is no recourse , oh you can appeal but that is long winded , involves more fees and is unlikely to win . I was politely told to " reapply " I recall watching a tv programme in the UK about 2 years ago where the Independent Chief Inspector of Borders and Immigration, John Vine was investigating many complaints from many UK men that they had been denied applications to bring their wives to the UK , some going back 8 years and some cases children involved . There were approximately 16000 cases . Check this link , http://www.bbc.co.uk/news/uk-21170495 .

It appears that if you are an asylum seeker or from one of the Indian or African states etc and have a relative in the UK you are accepted for immigration to the UK . However if you have been a UK citizen all your life with a British ancestory , have paid taxes and N.I. etc all of your working life, it means nothing if you do not meet the financial requirements that you stated above . How were these monetary figures agreed and imposed . The majority of UK pensioners come nowhere near this income and many married retired couples are expected to live on a state pension of around £10,000 .

I can understand the case that e.g. an 80 year old guy wants to bring his 25 year lady to the UK as when he dies she would be dependent on the state but a couple aged 50 and 40 ish , well is does not make sense . The laws could easily be changed to cater for this . As the immigration rules stand at the moment I believe they need to be challenged big time . The UK immigration system as we all know is in a real mess . If they were a private enterprise the top tier of management would all had been sacked . They are an embarrassment to the nation

[gandalf12]

What is te problem with going to the British Embassy and getting a visa for your wife? I have done it and I had no problem. Just produce the required documentation and apply. I dont see why there is this discussion

This is not a case of just obtaining a visa for one's spouse to VISIT the UK, this appears to be a way that one can (eventually) return to the UK with ones spouse and live there not just visit.

Current UK immigration requirements for returning to the UK with your spouse to live are that you must have £63,000 in the Bank or an income of £19,000 a year. So it is not just a case of producing the required doccumentation.

I don't comply with either of the financial requirements, yet have a home in the UK currently for sale at £600,000 which is free from any tie, yet I stll can not live in the country of my birth with my chosen life partner, a clear breach of my human rights to a fanily life.

When I got my wifes visa to live there she had a 2 year visa. Later I wrote to the Home Office and told them to put in a full residency visa which they did.

If the rule is now a job paying 19,000 or more a year that is not a high paying job, it is about 1,600 month before taxes.

A friend of mine has, like me, a thai wife. He took them over for a holiday on a 6 month visa and after a lot of discussion converted it upwards. I can understand if you are asking from day 1 for a residence visa. That is the hard way of doing things. Try for a 2 year visa as the spouse of a British national and see what they say.

[whiterussian]

Trouble is - there's a black market UK/EU husband/wife trade going on. 20 years ago it was 10,000 gbp paid to the UK/EU citizen to marry a non-eu partner in a sham marriage. If the marriage is real then the harassment by UK Gov could be tolerated, but what a pain in the arse... and worries of retrospective judgments etc... maybe the 5 year ordeal is worth it - but obviously many will have little choice.

[winstonc]

such an amazing country the u.k. that insists on positive descrimination towards its own subjects but its ok to be a romanian street beggar..no problems...

[Ghostnigel]

What is te problem with going to the British Embassy and getting a visa for your wife? I have done it and I had no problem. Just produce the required documentation and apply. I dont see why there is this discussion

This is not a case of just obtaining a visa for one's spouse to VISIT the UK, this appears to be a way that one can (eventually) return to the UK with ones spouse and live there not just visit.

Current UK immigration requirements for returning to the UK with your spouse to live are that you must have £63,000 in the Bank or an income of £19,000 a year. So it is not just a case of producing the required doccumentation.

I don't comply with either of the financial requirements, yet have a home in the UK currently for sale at £600,000 which is free from any tie, yet I stll can not live in the country of my birth with my chosen life partner, a clear breach of my human rights to a fanily life.

Sell your 600,000 pound house, buy a 500,000 pound house, then you will have both....simples, its not like you would be 'slumming' it in a house worth half a mill.......

[VBF]

What is te problem with going to the British Embassy and getting a visa for your wife? I have done it and I had no problem. Just produce the required documentation and apply. I dont see why there is this discussion

This is not a case of just obtaining a visa for one's spouse to VISIT the UK, this appears to be a way that one can (eventually) return to the UK with ones spouse and live there not just visit.

Current UK immigration requirements for returning to the UK with your spouse to live are that you must have £63,000 in the Bank or an income of £19,000 a year. So it is not just a case of producing the required doccumentation.

I don't comply with either of the financial requirements, yet have a home in the UK currently for sale at £600,000 which is free from any tie, yet I stll can not live in the country of my birth with my chosen life partner, a clear breach of my human rights to a fanily life.

Sell your 600,000 pound house, buy a 500,000 pound house, then you will have both....simples, its not like you would be 'slumming' it in a house worth half a mill.......

This misses the fundamental point - why should he have to do that to "live in the country of his birth with his chosen partner"? The system is just flawed.

[PattayaPhom]

such an amazing country the u.k. that insists on positive descrimination towards its own subjects but its ok to be a romanian street beggar..no problems...

Although I agree that the immigration to UK is way out of control and needs to be addressed. Romanians are part of the EU and therefor allowed free movement within the area, however the OPs wife is Thai and needs to apply for the relevant visa. 20 years of makeshift camps in Calais and nothing practical has been done to stop the situation. Sub Saharan economic migrants now crossing from Libya in their 10s of thousands each month can access benefits etc almost immediately without so much as a passport or ID let alone a visa. yes its totally wrong.

[Ghostnigel]

such an amazing country the u.k. that insists on positive descrimination towards its own subjects but its ok to be a romanian street beggar..no problems...

Or jump on the back of a lorry, claim assylum, get free accommodation, 73 quid a week, free health care etc.

Best to go that route, costs naff all....

[alice915]

i agree

[gandalf12]

What is te problem with going to the British Embassy and getting a visa for your wife? I have done it and I had no problem. Just produce the required documentation and apply. I dont see why there is this discussion

This is not a case of just obtaining a visa for one's spouse to VISIT the UK, this appears to be a way that one can (eventually) return to the UK with ones spouse and live there not just visit.

Current UK immigration requirements for returning to the UK with your spouse to live are that you must have £63,000 in the Bank or an income of £19,000 a year. So it is not just a case of producing the required doccumentation.

I don't comply with either of the financial requirements, yet have a home in the UK currently for sale at £600,000 which is free from any tie, yet I stll can not live in the country of my birth with my chosen life partner, a clear breach of my human rights to a fanily life.

Sell your 600,000 pound house, buy a 500,000 pound house, then you will have both....simples, its not like you would be 'slumming' it in a house worth half a mill.......

This misses the fundamental point - why should he have to do that to "live in the country of his birth with his chosen partner"? The system is just flawed.

I agree with you, the system is totally flawed. I gave up the UK when after being married for 18 years I was told that didnt count and we would hav to spend 3 years minimum in the uk. As I pointed out my company always sent me with my family so it was impossible without quitting my job to do that. They said it is the law but it isnt it is a guideline. They change the rules to suit themselves, very bad but get used to it you will need to. Before Hong Kong was returned to China the British Emmbassy in Hong Kong was putting on the TV (I was there at the time) for Hong Kong Chinese to register for their British passport. But if you are British you will get nothing.

A friend of mine is South African and his wife is Spanish. They have two 14 year old children and never during that time has he been allowed to take his family to SA to let his family meet them. So yes the UK is bad in looking after its own but there are others just as bad.

[cadle1]

Yes I think this is a scam e mail.. My wife has just been given a spousal visa to the uk let me tell everybody the process was really difficult immigration want to know everything with a trail of proof. My lawyer informed me that the uk was one of the hardest countries to come to if she is non E U .

[gandalf12]

Yes I think this is a scam e mail.. My wife has just been given a spousal visa to the uk let me tell everybody the process was really difficult immigration want to know everything with a trail of proof. My lawyer informed me that the uk was one of the hardest countries to come to if she is non E U .

He is right, the UK is probably the hardst country to get someone into

[RabC]

What is te problem with going to the British Embassy and getting a visa for your wife? I have done it and I had no problem. Just produce the required documentation and apply. I dont see why there is this discussion

This is not a case of just obtaining a visa for one's spouse to VISIT the UK, this appears to be a way that one can (eventually) return to the UK with ones spouse and live there not just visit.

Current UK immigration requirements for returning to the UK with your spouse to live are that you must have £63,000 in the Bank or an income of £19,000 a year. So it is not just a case of producing the required doccumentation.

I don't comply with either of the financial requirements, yet have a home in the UK currently for sale at £600,000 which is free from any tie, yet I stll can not live in the country of my birth with my chosen life partner, a clear breach of my human rights to a fanily life.

Oh that old chestnut, you don't like the law so say they are breaching your Human Rights, did Mrs Blair tell you to say that?