Jump to content

a99az

Advanced Member
  • Posts

    1,390
  • Joined

  • Last visited

Posts posted by a99az

  1. here you are

    http://www.thaivisa.com/forum/topic/807664-bye-bye-europe-exapats-and-holiday-goers/

    Ozzy dollar down from 30 to 25 (20% less)

    Russian ruble down 60%

    Looks like everyone except the Yanks and the Brits are screwed.

    Yer! Great and with luck the Greeks will cause the Euro to drop to an all time low so I can invest on some more land in Spain and Italy. Theres always a good for some I guess.

  2. We (Thai wife English husband and two small English Thai children) from UK will be visiting Thailand soon for a holiday we have return tickets to the UK. Wife has Thai passport kids and me will travel on British passports. Could my wife stop the kids returning home to the UK with me if she wanted to. This is very unlikely as we are settled here in the UK and the kids are doing well in school. Just that I would like to know the law regarding this.

  3. The problem now in acquiring EU rights as a British citizen who has been economically active in another EU state and wishes to return to the UK under the EU regulations, utilizing the Surinder Singh judgement, is that the British government has incorporated a new stipulation that in order to qualify the British citizen must demonstrate that he has made that EU state ( i.e. In your case, France ) the centre of your " life". This is actually unlawful and appears nowhere in the 2004 Directive from which member states transpose the regulations into their own legislation.........

    With respect, SA, does the "centre of life" requirement not come from the case of O and B v The Netherlands?

    From Free Movement

    New case: O and B v The Netherlands

    The most important change since Surinder Singh itself is the new case of O and B v The Netherlands Case C-456/12, handed down by the Grand Chamber of the Court of the European Union on 12 March 2014. Without much mentioning Surinder Singh, the judgment completely re-writes the legal basis of the earlier case and sets out important and binding new guidance........

    ........The following important points emerge:

    1. A residence period of at least three months is required (para 54)

    2. Weekend visits and holidays do not count as residence for this purpose (para 59)

    3. Any citizen of the Union can potentially benefit from this right, not just workers and the self employed (references to Article 7 of Citizens Directive 2004/38 , e.g. para 56, and to Article 21 of the TFEU, e.g. para 54)

    4. During the period of residence family life must have been “created or strengthened” (para 51)

    5. Abuse is impermissible (para 58)

    Surely points 1,2 and 4, especially 4, are the reasoning behind the "centre of life" requirement?

    However, whilst the UK has been quick to implement this part of the ruling, they have yet to implement point 3, and still insist that the British citizen has been working, employed or self employed, in the other EEA state.

    But as the OP says he will have a job in France for 9 months, he will be ok on this point.

    No, this is wrong.

    The Home Office's current view is that their interpretation of the judgement, i.e a period of residence in the EU state must comprise a core change in the 'centre of one's life', is EU compliant - it isn't. They have stretched the creation or strengthening of family life to mean something else entirely and interpreted it as moving one's centre of life from the UK to the other member state. In practical terms they are demanding that Surinder Singh applicants should demonstrate this by means that include a forsaking of any financial interest in their home state ( mortgages, property ownership) in favour of establishing a financial bedrock in the adopted EU state and, my own personal favourite, show for example any charitable works they may have undertaken in the new state.

    The issue of non compliance notices against the UK is moving ahead inexorably to force them to give up their daft interpretation but, so far, they are digging their heels in and dragging the issue out but the consensus is that they will have to accept the O and B judgement as it was intended.

    Anyone thinking they are going to breeze through a Surinder Singh application because they and their family lived together for three months in wherever better think again. A refusal is likely and a wait of another year for the appeal is inevitable.

    So I wonder what would happen if having been in the EU and qualified there for the required time of 12 weeks then entered the UK by private boat reporting on arrival direct to the UK immigration at say Dover as per the rules. As I understand it they can NOT deny entry.

  4. There is a good guide specificity for people using Ireland, but with much applicable whichever country you use - look or google for "Surinder Singh for newbies"

    one copy here https://drive.google.com/file/d/0B64cBIJj_CKucGF3UlF3cG5qdVE/view

    This link is very informative I can see that the UK is applying centre of life now and that when it was taken to court the UK lost the case but still apply there rule I guess it's there way to try to slow things. But it's good to see that the EU route is still a good option and only slowed things by a few weeks. It's still in my book worth doing especially if you have a place to stay and a job lined up some where in the EU. Many of us even have second homes in Spain France etc.

  5. Hi

    I have made the move to the UK with my wife and two girls. I did this via Spain. It was very easy cost nothing and was all done in just over 12 weeks. So let me fill you in on the facts.

    1) If you are married or with a partner your wife / partner can apply for a FREE visa to any EU country you fly together. We went to Spain.

    2) once in the EU your wife/ partner needs to apply for her residents card free or just admin charge of a few euros you will need one too. You also need to be there rather working ( I became self employed and paid min wage tax and did nothing for 12 weeks) They must provide her with residents card within 90 days under EU law or have a very good reason why not.

    3) Then once she has her Card you can apply for a family permit from British Embassy and this will be provided within 14days again free of charge.

    4) Then just go to the UK. Once there get your wife a NI number then apply for her British residents card. That is all she will ever need after five years she can simply renew it. Nothing else to do unless she wants Brit citizen ship then she needs to do the English knowledge but she does not have to do it.

    NOTE

    It is best if you have marriage cert that is certified by Thai foreign office dated within last few weeks before you leave and a copy of this and marriage cert in the language of the country you intend to go to.

    When you get to the UK you are best off getting both of you settled in fast and join get everything you can so you can show this to the bodes that need it that you both are Habitually Resident in the UK. Doctors Bank Dentist Library club

    Like I said it's fairly straight forward many go to southern Ireland as it's near to the UK and same language also easy to pop to the UK if you need to but YOU must be able to work or be in full time study.

    GOOD LUCK

  6. Sorry to add to your problems, but I'm sure you'll have read that the requirement will be £22,400 once your child is born...

    Unfortunately (& unfairly) the only solution would be for you to go ahead of the family & build up the relevant financial requirements or look to move somewhere else in EU as a "Stepping Stone"...

    Instead of adding to peoples problems with wild guess work why not provide solutions or positive advice and feed back. There is an easy fast and free way for any EU expat to return to the EU with his family and they could leave with in 14 days.

  7. Hi

    Having seen so many posts from who have taken the people who are rather unable to find the income or simply don't want to live apart for years before they can live with there partner I post this.

    I have made the move to the UK with my wife and two girls. I did this via Spain. It was very easy cost nothing and was all done in just over 12 weeks. So let me fill you in on the facts.

    1) If you are married or with a partner your wife / partner can apply for a FREE visa to any EU country you fly together. We went to Spain.

    2) once in the EU your wife/ partner needs to apply for a resident card free or just admin charge of a few euros you will need one too. You also need to be there working or in full time education. ( I became self employed and paid min wage tax and did nothing for 12 weeks) They must provide her with residents card within 90 days under EU law or have a very good reason why not.

    3) Then once she has her Card you can apply for a family permit from British Embassy and this must be provided within 14days again free of charge.

    4) Then just go to the UK. Once there get your wife a NI number then apply for her British residents card. That is all she will ever need after five years she can simply renew it. Nothing else to do unless she wants Brit citizen ship then she needs to do the English knowledge but she does not have to do it.

    NOTE

    It is best if you have marriage cert that is certified by Thai foreign office dated within last few weeks before you leave and a copy of this and marriage cert in the language of the country you intend to go to and English.

    When you get to the UK you are best off getting both of you settled in fast and join get everything you can so you can show this to the bodes that need it that you both are Habitually Resident in the UK. Doctors Bank Dentist Library club

    Like I said it's fairly straight forward many go to southern Ireland as it's near to the UK and same language also easy to pop to the UK if you need to but YOU must be able to work or be in full time study.

    GOOD LUCK

×
×
  • Create New...
""