Visit UK - EEA family permit or Tourist Visa for Thai wife?

[Bredbury Blue]

Currently planning a visit home to the UK this year.

 

• I’m a Brit.
• My wife is Thai.
• We married in the UK.
• We live and work in Thailand.
• Note that we do not have a permanent residence in the UK (I have parents and siblings who are home owners in the UK).

 

We plan to travel together to the UK for 2-3 weeks.

 

I was looking at the UK visa website online and came across reference to the ‘EEA family permit’ for the first time (never heard of it before).

 

Should my wife apply for EEA family permit or for a Tourist Visa to accompany me for 2 weeks to the UK?

 

 

• A European Economic Area Family Permit (short: EEA family permit) is an immigration document that assists the holder to enter the United Kingdom as a family member of a citizen of a contracting state to the European Economic Area agreement or a Swiss citizen. They are issued by the UK immigration authorities under the Immigration (European Economic Area) Regulations 2006 (UK).
• A family permit can be issued for a short visit or to enable the holder to take up residence in the UK.
• EEA family permits are available from any entry clearance issuing post (most embassies and consulates) outside the UK, and are issued for six months at a time.
• A family permit will be issued if the applicant is the spouse, civil partner or dependent child of an EEA national and they will be travelling to the UK with that person.

[theoldgit]

Your wife should apply for a Standard Visa, she cannot apply for an EEA family permit unless you are resident in an EEA State, which you're clearly not.

 

"You can apply for an EEA family permit to come to the UK if you’re both: from outside the European Economic Area (EEA) the family member or ‘extended’ family member of an EEA or Swiss national (excluding UK nationals) - check if you’re eligible"

 

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

 

As you both live in Thailand, a Standard Visit Visa should be quite straight forward.

I don't know when you plan to travel, but keep in mind that the processing of visit visas is being transferred to India from next month, that may well lead to some delays.

[NightSky]

On 5/3/2018 at 9:58 AM, theoldgit said:

Your wife should apply for a Standard Visa, she cannot apply for an EEA family permit unless you are resident in an EEA State, which you're clearly not.

 

"You can apply for an EEA family permit to come to the UK if you’re both: from outside the European Economic Area (EEA) the family member or ‘extended’ family member of an EEA or Swiss national (excluding UK nationals) - check if you’re eligible"

 

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

 

As you both live in Thailand, a Standard Visit Visa should be quite straight forward.

I don't know when you plan to travel, but keep in mind that the processing of visit visas is being transferred to India from next month, that may well lead to some delays.

 

I understand why this was confusing as Im now looking to take my Thai wife to the UK for a holiday (I too am a British citizen living in Thailand).

 

The requirements described on the .gov website for a family permit are not clear. It simply states..

 

Quote

' you need to be the family member or ‘extended’ family member of an EEA or Swiss national (excluding UK nationals)

 

This is VERY confusing because a British citizen IS an EEA national even if not residing in the EEA or UK, as is confirmed here: 

 

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

 

To add to this confusion the words (excluding Uk nationals) is included.

 

Im not sure what to do, any clues? Which should I apply for a Visitor Visa or a Family Permit?

 

According to the gov website I can apply for a  family permit but its not clear because it says in brackets (except Uk nationals) but this isn't clear whether this refers to the person applying for the permit OR the family member who is an EEA national.

 

Start here and follow this process to see if you agree this is not clear cut?

 

https://www.gov.uk/check-uk-visa/y

 

 

 

 

 

 

 

[Donutz]

That exclusion refers to 'EEA or Swiss' national. So the EU/EEA permit is not for you.

 

Under European law (directive 2004/38 on freedom of movement for EU/EEA nationals), the relaxed visa and residency rights only apply to the family of an EU/EEA/swiss nationals from an other member state. Thus Britons can't use this to take their family to Britain, a Dutchy can't use this to take their family member to the Netherlands. Where as a Briton could take her Thai family member under these rules to NL and  Dutch national could take their Thai family to the UK under these relaxed rules. The only exception to this are those who made used of their rights by living in an other member state ( the Sirinder Shin route or EU route). 

 

Perhaps it sounds silly but way back this was set up because a European from country A could get their foreign family to live with them or visit them with few obstacles or paperwork. Am in some countries the family would almost sorta get a passport for their foreign family on the spot (exaggerating a bit here obviously). To ensure that European from other countries would also be able to be the their family along they created these rules so European from countries B, C and D would also be able to get to country A without too much paperwork. But since then most  countries have made far stricter visa and immigration rules for their own citizens with foreign family (Person A living in country A this racing stricter rules than persons B, C And D living in country A).