# Married but never live together spouse visa



## Sky777grzegorz (Nov 8, 2015)

Hi everyone 
I have questions, West just get married month ago , all together our relationship is around 8 month ,my wife is Jamaican I'm British and Polish citizen living and working in London. At moment am in London my wife is in Jamaica .we are living separately we been living together for some short period of her vist in London 
Then her Tourist visa expired she had to go back to Jamaica. We just applied for tourist visa but visa been denied on base of our relationship is not genuine ...as well they say she will not return to Jamaica before visa expired .Reason why we apply for Tourist visa first is we wanted have prove we live together then after that when she return again to Jamaica apply for spouse visa .Refusal made us very upset cos we had to change our plans .We want to go to Poland to visit my Family . Now we apply for national polish visa for her and we go to Poland soon .but only for two weeks .
OUR WORRIES ARE: IF WE NOT LIVING TOGETHER CAN WE APPLY FOR SPOUSE VISA. (am earning more then 18600. Etc pernament job .rent flat got whole accommodation raport .proof of our conversation on phone what's up Facebook. Etc .as well documents abouts prepering to wedding. ) CAN OUR APPLICATION CAN BE REFUSED ON THAT 1 REASON .HOW TO MAKE IT IF WORK ?

THANKS FOR ANY ADVICE AND SUPPORT COS IT IS VERY IMPORTANT FOR US


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## nyclon (Apr 3, 2011)

Since you are just recently married and you seem to have been living in different countries there is no requirement that you live together before applying,


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## Sky777grzegorz (Nov 8, 2015)

So now we go to Poland visit my family and after that we going to apply for spouse visa ...thanks for that info very helpful .


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## nyclon (Apr 3, 2011)

She has to apply from Jamaica.


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## Sky777grzegorz (Nov 8, 2015)

Hi 
Thanks for replying ...as I said I got Polish passport but unfortunately can't use it cos am British national to 
Been reading government website about that and comega to one point about that it can be some other way to do it 

Government website stand 

The McCarthy judgment determined that a person who holds the nationality of the host Member State (in our case British nationality) and has never exercised their right of free movement and residence does not benefit from the terms of the Free Movement Directive

It say : never exercised their rights of free movement. ..but I got those rights before Getting British Passport 
Other thing 

British citizens can only acquire free movement rights in certain scenarios and so are in general prevented from circumventing the requirements of the Immigration Rules when sponsoring entry to the UK of family members.

Where a person has applied on the basis that they are a dual British citizen/EEA national on or after 16 July 2012 then the application must be refused unless the person either:

Meets the provisions of regulation 9 (which gives effect to the ECJ case of Surinder Singh or
Comes within the scope of the transitional arrangements set out below.
The provisions of the transitional arrangement apply where a person:

Has a right to permanent residence in the UK in reliance on the previous definition on the 16 July 2012 or
Has a right to reside in the UK on 16 July 2012 and on 16 October 2012 either:
i. Holds a valid registration certificate or residence card issued under the 2006 Regulations, or ii. Has made an application under the 2006 Regulations for a registration certificate or residence card which has not yet been determined iii. Has made an application under the 2006 Regulations for a registration certificate or residence card which has been refused and in relation to which an appeal under regulation 26 could be brought whilst the appellant is in the UK or is pending.

So can someone explain me it please 
Under point 
Has a right to permanent residence in the UK in reliance on the previous definition on the 16 July 2012 etc 
Am British national 2 years now so 2012 I had right to pernament residence and had registratrion ceryfikat 
SO ACCORDING THAT CAN I USE IT 
AND APPLY FOR FAMILY PERMIT 
THANKS


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## WestCoastCanadianGirl (Mar 17, 2012)

No. You cannot exercise treaty rights in a country that you are a citizen of. 

This means that you are not allowed to exercise treaty rights in Poland or the UK, so you can't apply for a Family Permit in those two countries and you are subject to the regular immigration rules of Poland and the UK. 

You would have to go to a third country (Spain, France, Italy, Belgium etc... anywhere in the EU except Poland or UK) and move the centre of your life there before you could come back under Surinder Singh.


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## Sky777grzegorz (Nov 8, 2015)

Ok thanks 
Looks like we going to choose this route like move to Ireland 
Am going to apply for visa for my wife 
accompany spouse visa 3 months ...is she can work on that visa ? Or she need to wait to get residential card to start working ? 
Then we apply for residential card .
Of course I need to find job and place where we going to live and whole this stuff
Then after 5 6 months we going to back to uk 
So that residential card which she will receive will give her right to move to uk and work or still me need to apply for family 
permit


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## Joppa (Sep 7, 2009)

Irish residence card won't allow her to move to UK to live there. She will need to apply for EEA family permit under Surinder Singh. Don't underestimate the complications involved in relocating to another country, where you have no support mechanism, where you must start from scratch, and Irish prices are high (cost of living in Dublin is similar to London), with tough job market (hence a lot of Irish are moving to UK). And pound has dropped about 10% against euro since December.


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## Sky777grzegorz (Nov 8, 2015)

Ok thanks 
Everthing looks so complicated we can't afford to be our spouse visa refused cos our relationship is so fresh or we not living together so many ppl been refused ...so this route is only one way we think ...if dublin is so expensive maybe to chose other city then or even if we like it we stay in Ireland 
Spouse visa : so there is no requirement to live together as we fresh married yes?


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## Joppa (Sep 7, 2009)

No but you should be living together now or you intend to do so when your visa is issued. 
While prices are lower outside Dublin, there are fewer jobs. Nearly 40% of population of Ireland live in or near Dublin.


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## HKG3 (Jan 11, 2015)

WestCoastCanadianGirl said:


> No. You cannot exercise treaty rights in a country that you are a citizen of.
> 
> This means that you are not allowed to exercise treaty rights in Poland or the UK, so you can't apply for a Family Permit in those two countries and you are subject to the regular immigration rules of Poland and the UK.
> 
> You would have to go to a third country (Spain, France, Italy, Belgium etc... anywhere in the EU except Poland or UK) and move the centre of your life there before you could come back under Surinder Singh.


The easiest way for the OP is that he gives up his British Citizenship and then get his wife over to the UK via EEA family permit based on his Polish Citizenship exercising treaty rights in the UK.

https://www.gov.uk/renounce-british-nationality/overview

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


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## Sky777grzegorz (Nov 8, 2015)

Give up British Passport is out of topic , in situations when UK may go out off UE...it may not good idea 
I did check some agancy imigration adviasor which they help to prepare application etc but they charge some big money up to 1500 pound for applications plus spouse visa it gives 2500 pound .
What u think about those adviasors ar they realy can prepare 100% application and good strategy for it ..or they just waste of money


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## Joppa (Sep 7, 2009)

There may be some good advisors, but normally most people should be able to put together a good application without paid help, by consulting government guidance and making use of forums like our own.


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## Sky777grzegorz (Nov 8, 2015)

Hi everyone 
Thanks for replying 
What about Overdraft am having 1000 pound Planed overdraft with bank and am using this .can this can affect my application or better to stay positive on balance and not using overdraft .how many saving shud I have 1000 pound it will be ok . Or they is no requirement on any saving but as long u earing 18.600 per year will do .how they check u bank statement 
Thanks


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## HKG3 (Jan 11, 2015)

Sky777grzegorz said:


> Give up British Passport is out of topic , in situations when UK may go out off UE...it may not good idea
> I did check some agancy imigration adviasor which they help to prepare application etc but they charge some big money up to 1500 pound for applications plus spouse visa it gives 2500 pound .
> What u think about those adviasors ar they realy can prepare 100% application and good strategy for it ..or they just waste of money


UE=EU?

Well the OP can wait until the result of the British EU Referendum is known, the OP then can act. If the UK voted to stay in the EU, then he can gives up his British Citizenship and then exercise treaty right in the UK as a Pole. This means that his wife can then apply for an EEA family permit. 

EEA family permit is free.


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## Joppa (Sep 7, 2009)

UE = L'Union européenne


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## Sky777grzegorz (Nov 8, 2015)

Hi everyone 
My wife visa tourist application been refused 
Is that can affect spouse visa application


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## Crawford (Jan 23, 2011)

You were refused in Feb 2016 for a visit visa as the authorities did not believe your relationship was genuine.

So yes..... it will


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## Sky777grzegorz (Nov 8, 2015)

How it may affect


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## Crawford (Jan 23, 2011)

They will go over the documents you present with a fine tooth comb.


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