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kopite

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Posts posted by kopite

    Entering UK with article 10 RC after FP refusal.

    in Visas and migration to other countries

    Posted

    No experience but if the FB 'advice' mentioned doesn't include any specifics and based on the tome of supporting evidence listed in the above links being available and presented along with the A10RC, I don't think there will be any problems. AFAIK, there's no linkage between a EEAFP refusal and a valid A10RC. It was only a refused application for an EEAFP and not a cancelled or revoked EEAFP.
    Thanks. Lots of scaremongering on FB. Thanks for the positive reply.

    Entering UK with article 10 RC after FP refusal.

    in Visas and migration to other countries

    Posted

    If you don,t mind what was the reason for the FP refusal,  they are usually a straight forward application, a refusal would be entered into the system so immigration at a port/airport will be able to see the refusal.
    We didn't change the residence card address to our current address, some other things which in fact were incorrect. They said I didn't submit wage slips but I did, translated as well.

    Options once we have received EEA Family Permit.

    in Visas and migration to other countries

    Posted

    So my wife had her "interview" yesterday at the TLS office in Madrid. I am very confident we will get the visa.

     

    I am a UK national, she is thai, we have a 4 year old with dual citizenship. We are financially stable. Can we only apply for a residence card or is there another way? Long term goal is british citizenship for my wife.

     

    Obviously i understand that because of brexit and the type if visa we have applied for nothing is certain.

     

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    Surinder Singh Route

    in Visas and migration to other countries

    Posted

    So to cut a long story short both me and the TW are sick of spain. So its either the UK or back to Thailand.

     

    We own property. She has her residence card since 2009. Our child is in school. Last work contract i had was for 7 months and finished in January, but was cash in hand with payslips. Only use bank account to pay bills and we have been living on cash savings.

     

    Any advice on what documents we need and the process for applying for a family permit? If we are at all eligible?

     

    TIA kopite

     

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    Shipping personal goods to thailand.

    in Thai Visas, Residency, and Work Permits

    Posted

    The basic rule and law is that the main thing is that your wife has been out of Thailand for ALL TOGETHER a full year... So she is just fine in that respect...
     
    When it comes to your goods, as said, you will be in the hands of the individual customs officer, who will treat your goods as he likes..... And in that respect tip of the day is; Do NOT ship your container via port of LAEM CHABANG...... We have had, and still have, big problem there with the customs employees... They are "old style guys" still employed, and it is not good at all....
     
    Note also plse,,, that what you and me and the rest of the world consider to be personal effects (household goods), is not necessarily what the thai customs officer believes... They use a very narrow opinion of what is what, all in order to be able to inforce a "fee" called customs duty....
     
    Good luck...
    Glegolo
    (forwarder)
    Yeah, of course i have my concerns. Thanks for your input!

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    Shipping personal goods to thailand.

    in Thai Visas, Residency, and Work Permits

    Posted

    Living in europe currently with my TW who is resident here. My understanding is that we can ship a container full of personal goods as she is a returning thai. We have pretty much brand new furniture for a 3 bedroom house.

     

    Only thing is she spent a month visting her family for easter with my daughter and ive read she would have to of been out of the country for a full year? Is that correct?

     

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    Spanish long term visa Thai wife

    in Visas and migration to other countries

    Posted · Edited by kopite

    Only presenting the documents for residence, to receiving the appointment for application to receive the card was a 2 month wait. Today we went to our appointment to present her photos, fingerprints etc.. "Come back 25, 26 next month (July).

    Another thing they won't help you one bit. Zero info if you ask. In Alicante if you speak Spanish (castellano) they will then speak to you in valencian dialect. Every step is a battle!

    Article 10 - live in Spain, Thai spouse

    in Visas and migration to other countries

    Posted

    Dear Sir,

    Thank you for getting in touch with Your Europe Advice.

    You appear to have questions which relate to border control and to visa policy, as applied by the UK, pertaining to your wife.

    Article 5 paragraph 2 Directive 2004/38 allows family members of an EU citizen to travel to another member state of the EU without having to process an entry visa, provided they hold the relevant residence permit.

    This provision was upheld by the Court of Justice of the European Union in Case C-202/13 McCarthy.

    The question is whether your wife can travel without having to process a specific entry visa, on the grounds that she holds a residence permit issued by the Spanish authorities. Your wife is a Thai citizen, you are a UK citizen. You both live in Spain, where you have settled for a number of years.

    The key notion that has been highlighted is that the exemption hinges on your wife being able to prove that her Residence permit was issued by virtue of Article 10 of Directive 2004/38.

    In your wife's case, she has obtained a residence permit on the basis that she is the family member of a UK citizen, who has exercised his rights of residence in Spain by virtue of Directive 2004/38.

    Accordingly, it appears that you have both resided in Spain for a number of years.

    You would like to know whether your spouse qualifies for a visa exemption under article 5 Directive 2004/38, which may entitle her to travel to the UK visa free, on the grounds that she is the holder of a Spanish residence permit, which indicates that she is the family member of an EU citizen.

    Your spouse is a Thai citizen, and she must therefore obtain or hold a visa prior to travelling to the UK (under UK law).

    Notwithstanding your wife's rights to travel visa free to the UK, she is advised to apply for an entry visa (the so called EEA family permit), on the basis that she is the family member of a UK citizen returning to the UK, after having exercised his rights of residence in another member State of the EU (Case C370/90);

    Our reasons for this advice are given below.

    Restrictive UK Surinder Singh rules under Regulation 9 of the 2006 EEA Regulations, (as amended in January 2014).

    I) The centre of [the British citizen] s life has transferred to the EEA State (ie. Spain), and that

    2) The British citizen must have resided in the other EEA state (ie. Spain), as a worker or self-employed person.

    Thus, your spouse must prove that you have changed the centre of your life from the UK to Spain, that you have been employed in Spain and that you have both cohabited as a married couple in Spain.

    We reiterate that these conditions are the result of UK law which is a restrictive interpretation on the terms of the ECJ caselaw cited above.

    Also, these restrictions appear to be incompatible with cases C456/12 and 457/12, where the Court of Justice of the European Union held that your spouse is vested with the right to accompany you back to the UK, provided the following two conditions are met:

    You have exercised your rights of residence in another Member State of the EU for a period in excess of 3 months in compliance with article 7 Directive 2004/38 (as a worker, a self employed person, or a self sufficient person);

    AND

    your spouse has created or strengthened family life in the same member state (e.g. has lived with you in Spain in married cohabitation).

    Given that you have lived in Spain for a few years, and that your wife has obtained a residence card on the basis of your continuous exercise of Treaty rights during the same period, the UK authorities may accept that your spouse satisfies the conditions enacted under UK law, (as described above).

    Our advice is for your spouse to apply for a UK entry visa, given that she appears to be able to prove compliance with the conditions indicated above.

    The visa must be issued free of charge and on the basis of an accelerated process (2 to 3 weeks processing).

    Please note that your spouse may also rely on the provisions under Article 5 paragraph 4 Directive 2004/38, to compel the UK immigration officer to consider her case at the border, once landed in the UK, in the light of the eligibility conditions listed above; (instead of applying for the visa at the UK visa centre in Spain).

    If your spouse chooses to follow the latter route, note that she must carry the proof with her and produce it for the benefit of the UK immigration officer who may demand such proof to scrutinize your wife's claim.

    For more on this, please follow the link:

    https://www.gov.uk/government/publications/entering-the-uk-as-the-holder-of-an-article-10-residence-card/entering-the-uk-as-the-holder-of-an-article-10-residence-card

    You can get further advice concerning this topic through the Citizens Advice Bureau.

    http://www.citizensadvice.org.uk/index/getadvice

    Alternatively, you may seek the assistance of a law centre:

    http://www.lawcentres.org.uk/directory/location/London/

    Please find the link to the Law Society website, with a search engine to locate a specialized lawyer by area of specialization and proximity to domicile.

    http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

    The AIRE centre will provide direct legal advice and assistance on a case by case basis:

    http://www.airecentre.org/law_index.html

    I trust the above answers the questions you had and thank you again for getting in touch with Your Europe Advice.

    Kind regards.

    Your Europe Advice

    Sent from my SM-G900F using Tapatalk

    • Like 1

    Spanish long term visa Thai wife

    in Visas and migration to other countries

    Posted

    It won't be a 4 week process to apply for a residence card in Spain. It was a six month process for us, however that was 7 years ago. We moved to Italy, and reapplied for residence as my wife's residence had expired. We are still 1 month away from receiving her card and we applied 7 months ago. In Spain everything moves 10 times slower.

    Feel free to pm me for any advice. I'd go anywhere but Spain given the choice.

    Sent from my SM-G900F using Tapatalk

    Article 10 - live in Spain, Thai spouse

    in Visas and migration to other countries

    Posted

    been on a few forums seems like if you ask the airlines they give you a response before you book see below Jet2 = Yes no problem

    Ryanair = Yes no problem

    British Airways = referred me to International Air Transport Association http://www.iatatravelcentre.com/ and that says Yes.

    Monarch = After lots of emails and arguments they said No, a visa or family permit needed. I then stated they were wrong and would make a complaint to the Civil Aviation Authority. They then changed their mind and said Yes.

    Sent from my SM-G920F using Tapatalk

    Article 10 - live in Spain, Thai spouse

    in Visas and migration to other countries

    Posted

    I have just come across a few links that make me believe that with my wife's Spanish residence card we can gain entry to the UK (if she is with me). I'm only interested in a holiday at first without the need for applying for a visa.

    Allegedly all the documents we would need is flight tickets, passports, proof of marriage (we have an official document from the British embassy in Madrid that confirms our Thai marriage).

    Second question is, I read that by this method, there is no need for a EEA family permit. So does this mean we can travel visa free if we wish to relocate to the UK?

    Thanks in advance

    Sent from my SM-G920F using Tapatalk

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