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    Hey everyone,

    I'm a British citizen and currently doing my bachelors degree in Asia. I finish in 2 years, then I'll look to pursue my masters in Europe (most probably germany). Now it's all cool for me to go there with no problems, but I'm currently with a girl that I'll marry once I graduate. She holds a Pakistani passport (convenient).

    So if I were to head over and do my masters, what would be the process to get her to come with me and how long would it take? Would I have to head there first and wait for her to join me or would there be a way of us both leaving together?

    A bit of weird scenario haha but please, any help is welcome

    Cheers!
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    You'll have to check the requirements but as far as I know she will have to come to the UK on her own steam i.e to work or study. She only qualifies for a spouse/partner visa if you've been living together for at least 2 years or married for a certain amount of time (I think it's 5 years).
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    From what I know, moving to Germany once your partner has a UK visa will not be a big problem, the thing is to get a spousal visa for the UK first. Currently you have to earn over £18,600 a year for your partner to be able to get spousal visa, not many MA students don't earn that much. The amount goes up if you have children. If you're married it doesn't matter how long you've been in a relationship for, btw.
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    Yeah, I'd have thought she'd have to go via the UK and you would have to earn £18,600 to cover that.

    Your best bet if you're doing a masters is probably for her to get into Germany on her own steam (if possible) and figure out the long term solution later..
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    (Original post by andyyy)
    From what I know, moving to Germany once your partner has a UK visa will not be a big problem, the thing is to get a spousal visa for the UK first. Currently you have to earn over £18,600 a year for your partner to be able to get spousal visa, not many MA students don't earn that much. The amount goes up if you have children. If you're married it doesn't matter how long you've been in a relationship for, btw.
    Yes - this is correct (on the UK stuff). And you need to be earning that amount for at least six months, in the UK, before she can even apply. On the Germany stuff - if you are a UK citizen, I think you can move there no problem with your spouse, if we are still part of the EU (but check).

    There is a supreme court challenge to these rules awaiting judgement at the moment. Ruling is expected in June or July; so, this could change (hopefully! I am also married to a non EU spouse) in the near future. As an EU citizen, you have a right to live in another EU country with you non-EU spouse, and there is the Surinder SIngh route, whereby your spouse can live with you in another EU country for more than three months, and if you can prove you "made a home" there, then EU free movement applies, and so you don't have to follow the UK rules if you want to move back to the UK. Since you will be in Germany, this really could be the best bet. Assuming we are still part of the EU!

    Registering Your Non EU Family Members in Another EU Country
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    (Original post by madamemerle)
    Yes - this is correct (on the UK stuff). And you need to be earning that amount for at least six months, in the UK, before she can even apply. On the Germany stuff - if you are a UK citizen, I think you can move there no problem with your spouse, if we are still part of the EU (but check).

    There is a supreme court challenge to these rules awaiting judgement at the moment. Ruling is expected in June or July; so, this could change (hopefully! I am also married to a non EU spouse) in the near future. As an EU citizen, you have a right to live in another EU country with you non-EU spouse, and there is the Surinder SIngh route, whereby your spouse can live with you in another EU country for more than three months, and if you can prove you "made a home" there, then EU free movement applies, and so you don't have to follow the UK rules if you want to move back to the UK. Since you will be in Germany, this really could be the best bet. Assuming we are still part of the EU!

    Registering Your Non EU Family Members in Another EU Country
    Thanks a lot everyone for the input, all makes a lot more sense to me now. I'm just praying the vote goes in favour of remain tomorrow! Finger crossed
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    (Original post by madamemerle)
    Yes - this is correct (on the UK stuff). And you need to be earning that amount for at least six months, in the UK, before she can even apply. On the Germany stuff - if you are a UK citizen, I think you can move there no problem with your spouse, if we are still part of the EU (but check).
    Pretty certain this isn't correct as my brother in law and his wife, who were living abroad, (wife is non-EU) managed to move back to the UK at the same time with him starting a job after moving back.

    I'm unsure if there are any particular circumstances that allowed this however e.g. her nationality, time spent married etc.
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    (Original post by Elivercury)
    Pretty certain this isn't correct as my brother in law and his wife, who were living abroad, (wife is non-EU) managed to move back to the UK at the same time with him starting a job after moving back.

    I'm unsure if there are any particular circumstances that allowed this however e.g. her nationality, time spent married etc.
    When was it? And do they have loads of savings?

    Either it was before 2012, or they could show 80 thousand ish in a bank account. Those are the only two ways, I can absolutely assure you. I am married to a non EU person and am very familiar with the current rules.
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    (Original post by madamemerle)
    When was it? And do they have loads of savings?

    Either it was before 2012, or they could show 80 thousand ish in a bank account. Those are the only two ways, I can absolutely assure you. I am married to a non EU person and am very familiar with the current rules.
    This was 6 months ago with minimal savings (under £10,000).

    Although they moved to Scotland rather than England - don't know if that makes a difference?
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    (Original post by Elivercury)
    This was 6 months ago with minimal savings (under £10,000).

    Although they moved to Scotland rather than England - don't know if that makes a difference?
    Is it possible the wife actually got a work visa rather than a spouse visa?

    The other possibility is that your brother in law was earning money in the UK despite living abroad.

    There really isn't any way around the spouse visa requirements. I am locked out of the country because I can't come back with my husband. I would need to be separated from him for at least a year to get in. This is directly affecting my life and I know first hand exactly what you need to do. There are almost no exceptions granted and those few that have been have had to fight tooth and nail through the courts.

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    (Original post by madamemerle)
    Is it possible the wife actually got a work visa rather than a spouse visa?

    The other possibility is that your brother in law was earning money in the UK despite living abroad.

    There really isn't any way around the spouse visa requirements. I am locked out of the country because I can't come back with my husband. I would need to be separated from him for at least a year to get in. This is directly affecting my life and I know first hand exactly what you need to do. There are almost no exceptions granted and those few that have been have had to fight tooth and nail through the courts.

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    She came on a spousal visa as he needed the £18,600+ salary. If she was in on a work visa it would be independent as i understand it. The brother was 100% not earning any money in the UK while abroad.

    I've no idea how they did it I'm afraid, but i know it was a pain for them and took them a good few months to get the documents in place.
 
 
 
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