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Hi there...

This request has to do with Gibraltar, the visa application process is the same as it is for the UK.

Im looking to see if anyone can help me with some advice. Let me give you some history first.

I am 22 and my girlfriend is 24, I have a british passport and she has a south african passport, and a serbian passport. I was born in South Africa and she was born in Serbia but moved to south africa when she was 9 (hence the dual citizenship).

My girlfriend already applied for a visa but was obviously refused.

Here I will type the history of our relationship; (My girlfriend's name is Jovana)


Jovana and I met in 2006 at Greenside design Center, a college for design in South Africa. In 2007 we started our relationship, and in 2008 I moved in with her and her parents (this was more economical for me as she lived much closer to our college than I did). We were living with her parents for the year of 2008, our final year in college, and since we were students, we had no mortgage agreements, bills to pay, or even the need for bank accounts (as we were students we received all of our allowances in cash).

In the beginning of 2009 we graduated with BA degrees in multimedia design at Greenside Design Center (Our work was moderated by Nottingham trent university) and we moved to Belgrade Serbia, in January 2009. Jovana's granmother has an apartment in Belgrade, completely paid off. And we stayed with her for the whole of 2009, rent free and bill free as her granmother paid for all of these with her pension. In return, we cared for her, cooked her meals, cleaned the apartment, did all the washing etc etc. So we did not have any mortgage agreement with her. But I was registered under her name at the police. We each had our own bank accounts as we were freelancing independently, freelancing in graphic and media design. Up until November 2009, I was offered a job in Gibraltar and I took it. At the moment Jovana is still freelancing in Serbia, this is why she could not provide proof of a monthly income, because she is freelancing.

I have moved into my own apartment and signed a lease agreement for 12 months. I am currently waiting for the right time to register for my Gibraltar I.D card, and I have my own bank account and am a tax payer.

If marriage would help then there is no doubt we would go that route. If that is the solution, could she apply for a marriage visa, or some-kind of visa that would enable her to join me and we get married in Gibraltar, rather than me taking time off work and flying to Serbia, also my company will cover her travel expenses when she relocates to join me.


Sorry its alot to read but its a specific case so im hoping anyone can give me some advice.

The online application is really vague... and we are desperate!!

Thank you for reading

regards
 

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Hi there...

This request has to do with Gibraltar, the visa application process is the same as it is for the UK.

Im looking to see if anyone can help me with some advice. Let me give you some history first.

I am 22 and my girlfriend is 24, I have a british passport and she has a south african passport, and a serbian passport. I was born in South Africa and she was born in Serbia but moved to south africa when she was 9 (hence the dual citizenship).

My girlfriend already applied for a visa but was obviously refused.

Here I will type the history of our relationship; (My girlfriend's name is Jovana)


Jovana and I met in 2006 at Greenside design Center, a college for design in South Africa. In 2007 we started our relationship, and in 2008 I moved in with her and her parents (this was more economical for me as she lived much closer to our college than I did). We were living with her parents for the year of 2008, our final year in college, and since we were students, we had no mortgage agreements, bills to pay, or even the need for bank accounts (as we were students we received all of our allowances in cash).

In the beginning of 2009 we graduated with BA degrees in multimedia design at Greenside Design Center (Our work was moderated by Nottingham trent university) and we moved to Belgrade Serbia, in January 2009. Jovana's granmother has an apartment in Belgrade, completely paid off. And we stayed with her for the whole of 2009, rent free and bill free as her granmother paid for all of these with her pension. In return, we cared for her, cooked her meals, cleaned the apartment, did all the washing etc etc. So we did not have any mortgage agreement with her. But I was registered under her name at the police. We each had our own bank accounts as we were freelancing independently, freelancing in graphic and media design. Up until November 2009, I was offered a job in Gibraltar and I took it. At the moment Jovana is still freelancing in Serbia, this is why she could not provide proof of a monthly income, because she is freelancing.

I have moved into my own apartment and signed a lease agreement for 12 months. I am currently waiting for the right time to register for my Gibraltar I.D card, and I have my own bank account and am a tax payer.

If marriage would help then there is no doubt we would go that route. If that is the solution, could she apply for a marriage visa, or some-kind of visa that would enable her to join me and we get married in Gibraltar, rather than me taking time off work and flying to Serbia, also my company will cover her travel expenses when she relocates to join me.


Sorry its alot to read but its a specific case so im hoping anyone can give me some advice.

The online application is really vague... and we are desperate!!

Thank you for reading

regards
The surest and cheapest way to resolve this is to get married and for you to take some trivial employment or open some trivial small business or professional practice in Spain and then, as a UK citizen, sponsor the TCN (third-country-national) spouse for a family visa under EU law.

This takes the case outside of UK law and squarely into EU law. Once you have exercised your UK right or establishment in another EUI/EEA/Swiss country for six months you then can relocated to the UK or Gibraltar as if you held an EU/EEA/Swiss passport yourself.

The relevant principle is stated by the Surinder Singh case, summarised here: Casefinal

The relevant Gibraltar law is here: http://www.gibraltarlaws.gov.gi/articles/1962-12o.pdf

You can probably resolve the issue by marriage without resorting to the minuet described above. But you may pay £1000s and need to prove all kinds of difficult things like ability to provide lodging and support. And having been refused once you might need a lawyer, leading to even more expense. You don't need help to resolve the case the EU way. In fact, the EU local office will help you if you are given the runaround.
 
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