welshboy454

2 hours ago, androokery said:

I did too and I was curious to find a graph for the same period the year before (influenza season and all...) for comparison

He said Plot

On 12/28/2018 at 7:50 AM, naboo said:

Anyone who resides outside the UK for more than 182 days per year is non-resident meaning they do not have a valid UK licence.

 

I used my 5-year Thai licence to drive there. Insurance for 20 days cost £12 as an additional driver on a family member's car. They needed copies of my Thai licence, front and back, and passport including visa.

Sorry to drag this up but what you say interests me. Would you please tell me  the name of the insurance company your family member had and which added you as an additional driver. The reason I ask is my wife is Thai has a Thai drivers licence and will be in the UK on a visitor visa. Many thanks.

Flew in to Chiang Rai from Singapore 2 weeks ago. All four fingers and  thumb scanned both hands.

Many thanks to everyone who replied and particularly 7by7 who pointed out the snooker in the Directive . I checked the

Statutory Instruments
2006 No. 1003

IMMIGRATION
The Immigration (European Economic Area) Regulations 2006

Which contains the definition

“EEA national” means a national of an EEA State;

“EEA State” means—
(a)a member State, other than the United Kingdom

Needless to say I shall abandon the idea as that is pretty definitive.

3 hours ago, grankboy said:

There's no way you can apply for a FP from Thailand, as said above you have to live in another EU country for at least 1 year now.

But please try and if you can do it I'll be amazed.

 

I think you may be confusing the free simple 6 month family permit with the 5 year family permit residency arising from living in an EU country. If it is the latter you refer to then yes you are correct but the simple 6 month family permit can be applied for in Thailand.   Ask yourself this If it is not possible to apply for a 6 month family permit then why does the British Government publish the fee as zero on their website ?    The well hidden route to find it is below.

17 minutes ago, JB300 said:

 

Having a home in the UK does not mean you're resident there (Google UK Ordinary Resident test) & your Wife has to prove that's she's dependent on you.

 

 

. EUN2.9 How do I establish dependency under the EEA Regulations?

Direct family members must be wholly or mainly financially dependent on the EEA principal to meet his or her essential needs in order to qualify for an EEA family permit, (children under 21, spouses, civil partners do not need to provide any evidence to show dependency on the EEA national)

Pretty clear cut ECO guidance  that my spouse does not need to be dependent on me

4. EUN2.4 What are the requirements for issuing an EEA family permit?

In assessing an application from an EEA national’s direct family member, the entry clearance officer(ECO) should be satisfied that:

1. the applicant is the family member of the EEA national (marriage certificate, birth certificate or other evidence of family link)                  WE can supply a Marriage certificate
2. the EEA national is residing in the UK in accordance with the EEA Regulations (as qualified person (exercising treaty rights) if more than 3 months) and the non-EEA national is joining them; or the EEA national intends to travel to the UK within 6 months and will have a right to reside under the Regulations on arrival, and the non-EEA national will be accompanying or joining the EEA national;            I am a British citizen which is an EU national by definition and I am normally resident  in the UK with a home in the UK

3 hours ago, JB300 said:

Technically you may well be correct but your sticking point will be that to get an EEA Family Permit for the UK you "Must be exercising your Treaty rights in the UK" which is taken to mean that you're moving to settle there & comes with the UK's additional requirements so is hardly a replacement for a 6 month tourist visa.

But go for it & less us know how you get on

Edit: Thinking about it, an EEA Family Permit is to allow non-EU citizens to visit another EU country, so still believe that you'll need to get one from somewhere other than the UK & don't believe (without establishing residence there) you'll be allowed to use it to visit the UK.

But would be delighted to be proven wrong

Edit2: The more I read, the more this looks technically possible https://www.gov.uk/government/publications/eea-family-permits-eun02/eea-family-permit-eun02#eun29-how-do-i-establish-dependency-under-the-eea-regulations

Give it a whirl, it's free after all

To answer  your point (without establishing residence there) I am a British citizen with a home in the UK .  Dependency the other point you raised is not required for a spouse.

1 hour ago, JB300 said:

As has been said, you can't use it as a Tourist Visa to the UK

Just asking on what basis you say that. Please specify the law which backs up your statement for the benefit of everyone.

As I understand it ss long as my wife is joining me in the UK then 6 months EEA family permit is guaranteed under EU law with less hoops to jump through than a Tourist visa. A simple matter of her passport a certified copy of mine and the marriage certificate.

40 minutes ago, rasg said:

http://www.ukcisa.org.uk/Information--Advice/EEA--Swiss-Students/Are-you-an-EEA-national

I am a British passport holder and a UK citizen  therefore I am an EEA national if that was your point.

I repeat we are thinking of applying for the free of charge EAA family permit valid for 6 months issued under an EU directive as an alternative to the Tourist visa issued under the Immigration Rules.

The  Guidance the Entry Clearance Officer must follow is below  and as I see it we comply with the criteria  so it must be issued.

Bob Russel and 7by7  - Where am I wrong in law ?

8 minutes ago, 7by7 said:

The EEA freedom of movement regulations do not apply when moving to the country of which you are a citizen; therefore you, as a British citizen, cannot use them to move to the UK with your wife. She will have to apply for a UK settlement visa.

 

See Apply to join family living permanently in the UK

 

However, if you have been exercising a treaty right in another EEA country, your wife has been living there with you and you are both now moving to the UK then she can apply via the directive. This is known as the Surinder Singh route, after a judgement in the European Court of Justice.

 

See Apply for an EEA family permit; 6. Surinder Singh and Surinder Singh caseworker guidance.

 

 

Thanks for your reply .As I said earlier I am thinking of using this route as an alternative to a 6 month Tourist visa  not a UK settlement visa.

1 minute ago, grankboy said:

The visa is free but I'm pretty sure you have to stay in a EU country before applying for a FP, your be doing to Surinder Singh Route - there's thousands of couples doing this route they don't have the £18,600 or £62,500. Maybe you should speak to a lawyer regarding this. I do have a good contact if you need.

I am thinking of using this route as an alternative to the Tourist visa for my wife  not as a permanent move. She could stay up to 6 months as I read it so why pay for a Tourist visa  when the effect is the same.

Sorry for the double quote I do not know how to delete it.

2 minutes ago, grankboy said:

The visa is free but I'm pretty sure you have to stay in a EU country before applying for a FP, your be doing to Surinder Singh Route - there's thousands of couples doing this route they don't have the £18,600 or £62,500. Maybe you should speak to a lawyer regarding this. I do have a good contact if you need.

Thanks for your reply but I think the EAA citizen applies to UK nationals and my Thai wife would be permitted under these rules.   I checked the visa fees on the home office website  and for ease of reference show the route below.

It is free but well hidden !

Has anyone used the EEA family permit route to gain entry to the UK  for their non EAA spouse -in my case a Thai spouse.

A quick read of the blurb suggests  it is a free  permit and  under EU law obtainable.

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

Fees

An EEA family permit is free.

What it does

An EEA family permit makes it easier and quicker to enter the UK. You might not get a boarding pass and could experience major delays without one.

Reapply, if you have not already. Make it clear in the covering letter that VFS removed documents from the initial application and that a formal complaint has been made.

Index and number the pages and make it clear in the covering letter that pages 1-XX are to be submitted and any missing pages indicate possible tampering. All applicants should be doing this until such time as this actually stops.

We have applied 4 times.

1 VFS did not forward marriage certificate result no visa

2 An indexed checklist was prepared by myself and signed for by VFS -result visa authorised

3 I was in UK and my wife did not give VFS the checklist and VFS did not forward my letter sponsoring my wife and other details -result no visa

4 Immediately applied again with same documentation but with an indexed checklist signed for by VFS - result visa authorised

As Bob suggests everyone should have an indexed checklist signed for by VFS

Many thanks for your comprehensive response. I think next year we will try a 2 year standard visa for up to 6 months in each year as a test. This lifestyle suits us both- I want to stay over 6 months in UK and she has to stay over 6 months in Thailand. The only downside is for one way we fly separately as there is a time lag to satisfy the rules

Many thanks Bob- I guessed it seemed a catch 22

I am a UK citizen my wife is Thai.

What we want to do every year is spend up to 6 months in Uk April to end Sept and up to 6 months in Thailand Oct to end March.

What is the best visa for my wife to get to achieve this ?

Annual tourist 6 month visa

5 year standard visa

I satisfy the income threshold to get her a UK spouse visa.

Any help or guidance gratefully received

Well the good news is our visa arrived today -together with the supporting documents we submitted.

This did not happen with the visa refusal leading me to increase my belief that VFS did not forward our marriage certificate or the emloyment letter to the ECO

I recommend anyone applying for a visa gets vfs to sign a receipt for the schedule of documents they have submitted,reference in detail those documents in a supporting letter and in the section on the form "any further information" to state the letter and numbered appendices so there is a complete audit trail.

As suggested by Kalbo in a previous post you need to treat the application as you would an academic essay or paper, in that for each area where supporting documents are necessary, you will need to have the original documents and a copy (extra copies never go amiss), plus preferably evidence of how those documents were obtained. It is simply a case of reading the notes thoroughly and providing all the information (including additional evidence) requested. I have applied for UK (4 times) and Australian (Once) visas for my GF and daughter (not even my daughter but my GF's and not even adopted) and never had a problem. I put together a folder and index it making sure all the information is there, originals and copies and either sign or initial passport copies etc. Translations of anything that is in Thai language. Be sure that you explain everything in your sponsor (cover) letter and above all what they are looking for is proof that your wife/GF has a reason to return to Thailand, in our case the daughter's school. My GF does not work and receives support from me, all this has to be proved with copies of bank statements going back at least 6 months. Include copies of visa stamps from both your passports if the two of you have gone on trips to Malaysia, Singapore or whatever. As previous posters have mentioned it is not enough to tell them what/where you have been you need to show them. Of course the people at VFS do not care for the indexed files and will pull everything out to look at it but at least if you do it in a methodical way you will be sure you have not missed anything if you make a list of the required information from the notes on the UK web site. Our last visas were processed in March and took just 5 days. Resubmit and I am sure all will be good, best of luck.

I have resubmitted and after the sour taste of the marriage certificate and my wifes employment letter not seeming to find their way to the ECO desk our application this time was carefully drafted with an audit trail. In the application where it asks "any other information" I showed there was a supporting letter from me of x pages and listed the number of appendices. The supporting letter explained what each Appendix was about .At the VFS appointment my wife asked for a receipt (scheduleof documents and number of pages) signed for by VFS (reluctantly !) From a system point of view VFS are a point in the chain where documents can go amiss.

Sorry to read of the rejection. I note from the document it states decision made 18th June and advised 19th. May I ask when the application was submitted? We made our second application 2nd June and have heard nothing.

Many thanks in advance.

Origial online application submitted 1 june " intervew" friday 12 june . If as others have said on here it is not an interview I wish they had described it correctly as being the postbox where you drop off the supporting documents for the eco rather than the impression the system gives of it being an interview. My guess is the vfs do have some input . I wonder are vfs a profit making agency or not ? if they are it might explain things.

hope this helps

It seems to me that when the ECO says ""'There is an onus on you to satisfy me ------as to your intentions in in the United Kingdom but you have failed to do so." that he suspects your wife did not intend to just visit, but to remain in the UK with you.

I suspect this is because you did not supply any evidence of your life together in Thailand nor of her job there.

The answers you gave on the form previously are fine; but you need to back up those answers with documentary evidence.

I suggest:-

• Your marriage certificate.
• Copy of your current and past Thai visas showing your immigration status in Thailand.
• Evidence of you living together in Thailand; such as official documents with the address and one or both of your names on, utility bills addressed to one or both of you, bank statements with the address and one or both of your names on, letters addressed to one or both of you; etc.
• A letter on headed paper from her employer confirming her employment, her leave of absence and the date she is expected back. Note that the ECO may telephone the signatory to confirm the contents. If the letter is written in English they will expect to speak to that person in English and will doubt the letter's authenticity if they are unable to do so. If the letter is written in Thai then a Thai member of staff will speak to the signatory in Thai.

Also, as said above, you should provide more detailed evidence of your finances; bank statements covering at least the last 3 months, preferably 6.

If staying with friends or relatives in the UK, then get a letter of invitation from them confirming you can stay and that there is room for you both.

"I suspect this is because you did not supply any evidence of your life together in Thailand nor of her job there" thanks but your suspicion is wrong

I attended the location of "interview" with the intention of providing the visible evidence .: of our relationship ( on another note what if we were common law = no marriage certificate anyway) and my wife had the thai wedding certificate with her at interview., but I was prevented from accompanying my wife. She did provide the letter from the hospital confirming her employment and salary.. I rather susoect there is something adrift with the transfer of information between the agency and the eco

;

Thank you for your reply.

Can i ask your advice on the new application

At Q 83 the form asks Please Enter details of what you plan to do whilst in the UK ?

my wifes plans are the same - To visit my husband's family and tourist. was her answer last time and likely the same next time on the form

At Q 86 Is there any other information you wish to be considered as part of the application ? Just a holiday to visit my husbands family and touring xyz county was her answer last time and likely the same again.

The ECO was not satisfied with those intentions as he states"'There is an onus on you to satisfy me ------as to your intentions in in the United Kingdom but you have failed to do so." I am at a loss as to how he can ever be satisfied if the original application answers do not suffice for him - ie a holiday visiting her husbands family and touring xyz county

he can say that whatever the answer she gives