[messicano101]

Hello Everybody,

Hope you all doing well !

Actually I have got a massive problen regarding immigration issues which is really annoying. To cut it short, I am a non-eu citizen who is planning to get married to my romanian gf living and working in germany. I knew her through a friend living in germany, who I visited 2 years ago when I was studying in the UK.

After everything was arranged wr started discussing where we gonna live together. She refused living in my home country, while I refused living in germany, cause I won't accept to live depending on gov. benefits although I have got a proper job home. So the optimal solution was moving together to the UK, where I have already got lots of connections there which can facilitate setting up my own business. Also, another considerable advantage that I won't need to start learning a new language from the early beginning.

Now the problem is, she can't leave her well paying job instantly till she can find a proper one in england. Therefore she suggested that we could get married firstly in Germany, then we can move to the UK till I gain residency there, and afterwards she will return to germany for her job while keeping on searching for a similar job in UK. While during this period we could meet up every 2 weeks.

Now I dunno if thats legal or not. Also, after she leaves could the UK home office detain my residency card cause my eu spouse has already left. My gf is arguing that its totally fine, and no problems with that at all. Although I don't like taking such risky leaps without seeking legal advice. Specially cause I dunno exactly how long it could take my gf to find the job she is looking for in the UK.


Can anybody help with that case please ?

 

[Bevdeforges]

I think you're going to have a major problem getting one of those EEA family permits if your EU spouse isn't living with you in the UK. But let's move this over to the UK section where someone can advise you about the immigration requirements there.
Cheers,
Bev

 

[messicano101]

Thanks for your reply.

My gf doesn't mind staying wih me for few weeks till I gain the residency card. Although she can't stay for long time or she would lose her job.

I ll post it the UK forum as u suggested.

Regards

 

[TziuH]

I think to exercise treaty rights that would allow you to get a UK based EEA permit, your gf would have to be living and working in the UK. She can't just move there for a few weeks and then leave, she has to get a job and house and have them for something like a month at least or you can't even get a permit. And if she leaves your permit is revoked.
I could be wrong though but that's what I've understood from some other posts on here.

 

[messicano101]

I think what you are saying makes sense. Although my gf is arguing that she can be registered as self-employed. In such case she could be considered as working there. Either than that, the free movement within the EU allows her to move from one country to another with no problem. I am wondering if thats true as well. I feel she is too optimistic lol

 

[Joppa]

You can get EEA family permit for UK. The only stipulation is she comes with you. She doesn't require a UK job or confirmed accommodation. But you will hit a brick wall if you then try to get residence card valid 5 years, with confirmed right to work. For this she needs to be exercising treaty rights in UK, usually by working (payslip, work contract etc) and suitable accommodation (rental agreement etc). If she is living and working in Germany, it won't work and nowadays Home Office may interview you or both and your deceitfulness will be revealed. Expect to be removed from UK quickly.

 

[messicano101]

it seems to be illegal then !

But I am asking what if it would be only temporary issue till she have a proper job there. Would it still be a problem ?

 

[Joppa]

There is no such thing as temporary solution. She either lives with you in UK constantly or she doesn't. She either exercises treaty rights in UK, not Germany, or she doesn't. Until such time as she is going to move to UK together for the foreseeable future, you won't establish rights under EU law to live and work in UK. She is only allowed 3 months to find a job in UK and start exercising treaty rights.