Best place to work UK national with Thai wife

[Trevor1809]

My wife's ILR is coming up in 2 months. Apart from needing to pass the Life in the UK (booked for Friday) there should not be any problems however I neither trust UKVI or the Conservative Government.

I was contacted about a position in France or Spain, which would be handing if I needed to go down the Surinda Singh route, however issues with Spain issuing visas and permits to Thai wives of UK citizens in Spain seem to constantly come up. 

Would I be better specifying the French location to the Spanish one?

[7by7]

Whether you choose France or Spain, if your wife does not apply for her ILR then once her current leave expires she will need the appropriate entry clearance to enter the UK again. This may be an EEA family permit via Surinder Singh if the UK remains subject to the FoM directive; but will it?

 

If not, which is the most likely, and you wished to return to live in the UK then she would have to start the whole visa/FLR/ILR process all over again. Even if you and she just wanted to visit she would need a UK visit visa.

 

I'd recommend she obtains her ILR; but even then there could still be problems. ILR lapses if the holder spends a continuous period of two or more years out of the UK. It can also be cancelled by UK Border Force officers at a port of entry if they have reason to believe that, on the balance of probabilities, the holder is using it just for UK visits, not residence; though the holder would be allowed in as a visitor on that occasion.

 

Her best option, in my view, is to obtain her ILR and once she has that naturalise as British and obtain a British passport. Once granted, British citizenship cannot lapse and can only be taken away if it, or any previous visa or leave to remain, was obtained fraudulently or such revocation were conductive to the public good, e.g. because the naturalised person is convicted of a serious crime.

 

That way, wherever you decide to reside she will be free to enter and leave the UK just like any other British citizen. As both the UK and Thailand allow dual nationality, this will not affect her Thai citizenship in any way.

 

Of course, you would have to put any plans of moving abroad on hold until she has her British passport. If that is not possible, then you'll just have to hope that the UK and EU come to an agreement over the free movement rights of British citizens and their non EEA national family members which suits your plans.

[Trevor1809]

Thanks but you didn't really answer the question that I asked. If she fails the Life in the UK then she will have to apply for and FLR. If she passes Life in the UK then she will apply for an ILR. As I said I trust neither UKVI or the Government so I must anticipate the ILR being refused on some technicality hence my question about Surinder Singh. We still have over a year as full EU members so I must assume that UK citizens have the same full rights as other EU citizens in the intervening period. If not why aren't out politicians asking serious question?

The question therefor was if the ILR is not allowed and I was looking at using EU legislation which of the two, France or Spain would be best. I have seen many posts here with people having problems in Spain which would tend to suggest that France is the better option. I do find it odd that Spanish and French companies are considering recruiting British specialist engineers against their own nationalities but as they are it might be a good idea to consider it if the ILR fails.

[blackcab]

2 hours ago, Trevor1809 said:

As I said I trust neither UKVI or the Government...

 

I understand your point of view, but to be fair to both the UKVI and the Government they have succeeded in doing their bit to get your wife as far as FLR.

[Trevor1809]

" I understand your point of view, but to be fair to both the UKVI and the Government they have succeeded in doing their bit to get your wife as far as FLR. "

If only that was true, due to their refusal to grant my wife an appointment for a visa renewal she cam very close to not getting it renewed, hence my assertion. I would use the words in spite of not because of.

[steve187]

spain

[Baerboxer]

On 4/18/2018 at 7:16 PM, Trevor1809 said:

" I understand your point of view, but to be fair to both the UKVI and the Government they have succeeded in doing their bit to get your wife as far as FLR. "

If only that was true, due to their refusal to grant my wife an appointment for a visa renewal she cam very close to not getting it renewed, hence my assertion. I would use the words in spite of not because of.

 

Think positive. She's there in the UK now and sitting the test tomorrow. Hopefully she's well prepared and will pass. 

 

I strongly recommend following 7by7's advice. My wife first came to the UK in 2004. I had the chance to move to the Netherlands and live either there or Germany. My wife liked it there too. But after investigating and talking to various people, some at government agencies, including former colleagues at British Embassies and consulates, we took the view getting citizenship first was a priority. The UK will soon be out of the EU and its very hard to predict what will actually happen and how long it will take.

 

Things have changed a lot but as I understand it from your post, if your wife passes the test you'll apply for ILR and if awarded then go on to apply for citizenship as soon as you can. If not then rather than complicate things and open up more scope for issues, perhaps applying for FLR and re-sitting the test is a better option. 

 

Good luck whatever you choose and hope you wife passes tomorrow.