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Old 10.05.2014, 15:10
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UK spousal visa from Switzerland

Please forgive me if similar post exist already but I couldn't find my scenario here.
I am a British citizen working in Zurich , my wife (non-EU) lives here with me and works here too, she currently has a 2 years UK visiting visa which expires in NOV this year. We both have a 5 year B permit here .
We got married last year in London but I would like her to apply for a UK spouse visa before her visiting visa runs out. Is this possible and how do I go about it?
Many thanks
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Old 10.05.2014, 15:22
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Re: UK spousal visa from Switzerland

Looking at this I don't think you can as you're not permanently resident in the UK.

https://www.gov.uk/remain-in-uk-family
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Old 10.05.2014, 15:56
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Re: UK spousal visa from Switzerland

Many thanks Medea, I read that already , do you think there is any other way or will just have to renew the visiting Visa again?

What if I meet the financial requirement below? Check page 15 and 25
https://www.gov.uk/government/upload...e_20140324.pdf

Does that mean all I need to have is a savings of 18000 ?
Do you think that's possible then?
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Old 10.05.2014, 16:18
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Re: UK spousal visa from Switzerland

To apply for a spouse settlement visa you need to intend to settle in the UK. If you don't already have a UK job lined up before applying and don't have 18,600 of unearned income each year then you will need 62500 in cash in order to fulfil the financial requirements. It will also cost you about 800quid and you'll only be able to renew it from within the UK in 2.5 years time.

Put simply - it's not designed for your situation.

If you will always be in the UK at the same that your wife is - either travelling together or you travelling first - then the right visa is an EEA family member permit. This costs nothing (EU law states it must be Free of charge) other than about 5CHF postage fees and lasts 6 months. A valid Swiss EU residence permit for the two of you, a recent letter from your employer (last 30 days) saying you are still employed by them (thus showing you are visiting UK and not trying to relocate on this visa) and a copy of your marriage cert is all that's needed by way of documentation. She will still need to do biometrics.

In theory you can simply turn up at the border with your swiss residence permits, passports and marriage certificate and after some discussion you will be let in. In practice this only works if you are driving as airlines won't let you board and it can take a few hours to get a supervisor who will read the print out of EU regulations you take with you and agree to stamp your wife's passport.

If you ever did want to settle in the UK you could get an EEA family permit for that purpose as well as long as you prove you are genuinely settled with your center of life in CH. This is known as the Surinder Singh route and is currently being used by quite a few british expats with spouses from elsewher in the world who want to return to the UK but can't fulfil the financial requirements for a spouse visa. Again the permit is valid for 6 months and is free and she then applies for a EU residence permit in the UK which is valid for 5 years and costs about 60quid.


If your wife, however, wants to go to the UK on her own she will need a visitor visa with all the extra paperwork entailed and the higher fees (but up to 10 years validity). Note she cannot use this visa if you ever chose to relocate to the UK but would need to get a spouse visa or EEA permit in advance.
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Old 10.05.2014, 17:01
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Re: UK spousal visa from Switzerland

Thank you so much Englishguygoinghome, you indeed know a lot about it.
So I only have two options I guess she renews her visiting visa since we only visit the uk for less than a month each time or apply for Surinder Singh (which I didn't know existed lol).
https://www.gov.uk/apply-for-a-uk-re...rd/eligibility

Surinder Singh cases

You may be able to apply for a residence card as a ‘Surinder Singh’ case.

To be eligible, you must be a citizen of a country outside the EEA and:

the married partner, civil partner or child of a UK citizen
have lived with them in another EEA country where they worked or were self-employed before returning to the UK
be able to show that your UK sponsor based their ‘centre of life’ in the EEA country in which you both were resident before returning to the UK
You can prove your UK sponsor genuinely moved to another EEA country with:

proof of their address, how long they lived there and any other related information - eg if they bought a house
proof of their integration in the EEA country where they lived - eg whether they speak the language, have any children born there or were involved with the local community
You can find out more about retained rights of residence and Surinder Singh cases in the UKVI instructions for residence card applications (chapter 5).
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Old 10.05.2014, 17:35
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Re: UK spousal visa from Switzerland

Almost. While it's the same ruling, all the stuff you'll find online about Singh is aimed at people using it to return to the UK to settle. As you are not doing that your life will be a lot easier - see the second paragraph of my previous message.

You can get an EEA family permit in order to visit. The UKVI won't label this "Singh" as they generally only use that term for settlement cases.
It's a bit of a pain, in that you will be applying for them every 6 months and giving biometrics but it's still cheaper and easier in my view than a full visa application.
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Old 10.05.2014, 17:48
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Re: UK spousal visa from Switzerland

If you are not living in the UK your spouse can't get a spousal visa and you can't apply the Singh ruling.

Why do you want a spousal residence visa for a spouse who doesn't live there?

Can't she travel back to the UK with her Swiss resident visa?
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Old 10.05.2014, 18:05
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Thank you Englishguy.
We will go for the EEA family permit as suggested.
I hope it goes well.

thank you MiniMia.
Unfortunately she can't use her B permit alone to visit the UK without a visa as Switzerland isn't part of the EU.

In 3 more years , we can then apply for indefinite stay
http://www.workpermit.com/uk/marriage.htm
See 2nd paragraph

Last edited by 3Wishes; 01.06.2015 at 23:36. Reason: merging consecutive replies
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Old 10.05.2014, 18:24
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Re: UK spousal visa from Switzerland

Quote:
View Post
In 3 more years , we can then apply for indefinite stay
http://www.workpermit.com/uk/marriage.htm
See 2nd paragraph
That website is out of date - the rules were changed in July 2012. I'd very strongly advise against handing any money over to a company which doesn't update such key information within 2 years of new laws being made!

To the poster who said you can't use Singh - the ruling in Singh is that EU freedom of movement can be applied to return to your country of origin after using those freedoms elsewhere, a statement equally valid for visits and settlement. The general usage of "Singh" is, as you point out, only related to settlement. However anyone with a Swiss B permit can still apply for an EEA family permit for visit purposes as I pointed out earlier.

Sadly the Swiss B on it's own isn't valid in the UK because the UK is not part of Schengen, although CH is (so it is valid for visa-free travel in the rest of the EU except Ireland).
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Old 01.06.2015, 23:17
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Re: UK spousal visa from Switzerland

Thank you for your response and support as usual.
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  #11  
Old 02.06.2015, 08:45
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Re: UK spousal visa from Switzerland

As always it's best to go to the official source:

https://www.gov.uk/family-permit/overview
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