British National Working In Belgium

[ArranP]

Hello,

Thai girlfriend is pregnant and currently in Thailand and I am a British National contracting in Belgium for the foreseeable future.

We want to stay together in Belgium and visit family in UK at weekends from time to time.

We would like to know the best way to proceed.

Thanks for your help.

Regards

A.

[LaoPo]

Hello,

Thai girlfriend is pregnant and currently in Thailand and I am a British National contracting in Belgium for the foreseeable future.

We want to stay together in Belgium and visit family in UK at weekends from time to time.

We would like to know the best way to proceed.

Thanks for your help.

Regards

A.

Belgium is not a big problem I think and relatively easy, but I'm not up-to-date. The UK however is a different cookie.

No doubt you will have more anwsers.

LaoPo

[vinny]

Perhaps you may ask the Belgium Embassy to grant your girlfriend a visa as an extended family member, based on a "durable relationship" with a EEA national.

After your girlfriend is considered as a lawful resident in Belgium on this basis, she may apply for an EEA family permit to visit the UK with you.

[BelfastMike]

I am very interested in this too as I am just about to start a long-term contract in Belgium.

I would like my girlfriend to stay with me and visit the UK maybe once a month.

Congratulations on the baby ArranP

[ArranP]

I am very interested in this too as I am just about to start a long-term contract in Belgium.

I would like my girlfriend to stay with me and visit the UK maybe once a month.

Congratulations on the baby ArranP

Thank you BelfastMike

[ArranP]

Perhaps you may ask the Belgium Embassy to grant your girlfriend a visa as an extended family member, based on a "durable relationship" with a EEA national.

After your girlfriend is considered as a lawful resident in Belgium on this basis, she may apply for an EEA family permit to visit the UK with you.

Yes, you are right.

I checked with the Belgium Embassy in Bangkok and they say a Co-habitation visa is needed for stay in Belgium.

Then for weekend trip(s) to go visit family the UK when staying in Belgium can apply for Shangen visa(s) .

Regards

Arran.

[Crossy]

Then for weekend trip(s) to go visit family the UK when staying in Belgium can apply for Shangen visa(s) .

NO NO NO!!! The UK is not part of the Schengen region (Belgium is, so if she's there she has a Shengen visa already).

As noted previously, Belgium seems to be one of the easiest European states to bring your Thai lady, but the UK is going to be a different kettle of fish

Once she's established in Belgium and has her permanent ID card have a word with the British embassy in Brussels to see if they will issue a tourist visa for her. I had similar issues with my wife (GF then) in Rome, couldn't get a UK visa unless she had official residence in Italy, no problem once she had her 'permesso di sojourno' (sp.).

and NO, you can't get an EU family permit for the UK if you are a Brit.

Edited April 1, 2008 by Crossy

[onzestan]

Perhaps you may ask the Belgium Embassy to grant your girlfriend a visa as an extended family member, based on a "durable relationship" with a EEA national.

After your girlfriend is considered as a lawful resident in Belgium on this basis, she may apply for an EEA family permit to visit the UK with you.

Yes, you are right.

I checked with the Belgium Embassy in Bangkok and they say a Co-habitation visa is needed for stay in Belgium.

Then for weekend trip(s) to go visit family the UK when staying in Belgium can apply for Shangen visa(s) .

Regards

Arran.

You might have been misinformed. As far as I know GB is NOT a member of the Schengen agreement.

Onzestan

[vinny]

and NO, you can't get an EU family permit for the UK if you are a Brit.

Yes, she can.

[Crossy]

and NO, you can't get an EU family permit for the UK if you are a Brit.

Yes, she can.

Well spotted vinny, I stand corrected (Surinder Singh cases). Before everyone gets their hopes up this is the case in question (from the quoted link):-

21.4.8 - Non-EEA Family Members of British Nationals (Surinder Singh cases)

A British national and his/her non-EEA family members can only benefit from free movement rights if they meet the criteria established in the ECJ case of Surinder Singh. The case stated that nationals of a Member State who are exercising an economic Treaty right (i.e as a worker or self-employed person) in another Member State will, on return to their home state, be entitled to bring their non-EEA family members to join them under EC law.

Example: A British national is exercising an economic Treaty right in Germany and living with his non-EEA spouse and children. On the British national's return to the UK, his non-EEA family members can apply for an EEA family permit to join him under EC law.

The Surinder Singh judgement is incorporated into the EEA Regulations in Regulation 9. Family members of British nationals who meet the requirements of Regulation 9 are treated as family members of EEA nationals for the purposes of the EEA Regulations.

Applications for EEA family permits must meet the following criteria:

The British citizen is residing in an EEA Member State as a worker or self-employed person or was doing so before returning to the UK. If the family member of the British citizen is their spouse or civil partner, they are living together in the EEA country or they entered into the marriage or civil partnership and were living together in that EEA country before returning to the UK. The family member is lawfully resident in the EEA country where the British citizen is working. If the family member is not lawfully resident, they will need to satisfy the requirements of the Immigration Rules for leave to enter the UK as the family member of the British national. Because EEA nationals have an initial three month right of residence in the UK, there is no requirement for the British national to be a qualified person on arrival. Therefore, an EEA family permit can be issued to the family member of a British national even if they are only visiting the UK with the British national before returning to the Member State where they are resident.It does not matter if the only reason the British national went to another Member State to exercise an economic Treaty right was so that he/she could come back to the UK with his/her family members under EC law.

You should seek advice from ECO Support where you are unsure about the decision to be taken in applying the Surinder Singh judgement.

MY BOLD text.

Edited April 1, 2008 by Crossy

[the scouser]

The "return" could be for as little as a one-day holiday. "Surinder Singh" cases benefit from all of the relevant EEA regulations, and that includes the initial presumption of three-month entry without having to be exercising a treaty right.

However, in this case, it's not clear whether theOP's girlfriend can at this stage be considered to be a family member.

Scouse.

[vinny]

However, in this case, it's not clear whether theOP's girlfriend can at this stage be considered to be a family member.

For the UK, she may need to satisfy the same requirements as for unmarried partners.

[sickwaterbuffalo2]

However, in this case, it's not clear whether theOP's girlfriend can at this stage be considered to be a family member.

For the UK, she may need to satisfy the same requirements as for unmarried partners.

im a belgian married to a thai !if you bring your girl here on a tourist visa 90days you wil also need to get a visa to bring her to the uk because the uk is not a member of the schengen states !and 90 procent of the toursit visa applications in the belgian embassy are turned down !cohabitation visa are almost impossible to obtain in the belgian embassy and as for being easy to get a visa for belgium forget it we have a new government here and they are going to make it very hard for foreigners to come and live here even if you are married to a belgian national !

[ArranP]

The "return" could be for as little as a one-day holiday. "Surinder Singh" cases benefit from all of the relevant EEA regulations, and that includes the initial presumption of three-month entry without having to be exercising a treaty right.

However, in this case, it's not clear whether theOP's girlfriend can at this stage be considered to be a family member.

Scouse.

We have recently been approved a UK fiancee visa and plan to marry this summer.

1. In the mean-time I am still working in Belgium. So now we submit application for a Shangen visa so we can stay together in Brussels until we marry.

2. After marrying in the UK, I believe we then apply for a Reunification of Spouse Visa (Type D) at the Belgian Embassy in London or Brussels. This visa entitles us to stay together long term in Belgium.

3. After establishing the Re-unification of Spouse visa for long stay in Belgium, I don't yet know what is necessary to allow us to visit extended family at weekends in the UK.

Arran.

[vinny]

We have recently been approved a UK fiancee visa and plan to marry this summer.

As she is not yet planning to settle in the UK, was it a Visit for marriage visitor visa/entry clearance?

The "return" could be for as little as a one-day holiday. "Surinder Singh" cases benefit from all of the relevant EEA regulations, and that includes the initial presumption of three-month entry without having to be exercising a treaty right.

However, in this case, it's not clear whether theOP's girlfriend can at this stage be considered to be a family member.

Scouse.

3. After establishing the Re-unification of Spouse visa for long stay in Belgium, I don't yet know what is necessary to allow us to visit extended family at weekends in the UK.

After marriage, she will be considered as a family member.

[the scouser]

As Vinny says, following your marriage in the UK, she can apply for a free visa for Belgium. Once there your wife can apply for a residence card as the spouse of an EEA citizen. If you wish to visit the UK, your wife can then qualify for a free family permit on the basis that you can present yourself as being a "European citizen".

Scouse.

[ArranP]

We intend to stay in europe for the next 3 to 4 years to accrue savings. However, with my work I have the choice to work in almost any european country.

As I am a British Citizen are there reasons we should give priority to choosing the UK?

I don't know, but would my thai wife after 3 or 4 years living in UK be eligible for a British passport?

If we lived and worked in Belgium for th next 3 to 4 years would she be eligible to a Belgian passport ?

Having a european passport would open up many more locations for future holidays.

Regards

[the scouser]

If your wife were to live in the UK for three years and, amongst other things, possess indefinite leave, she could apply for naturalisation as a Brit. cit. I don't know the, for example, Belgian nationality laws, but would think not, as most countries require a degree of permamnent residency before granting citizenship and your wife would not qualify for PR until she has done 5 years in another EEA country.

Scouse.

[ArranP]

Hello,

My soon to be wife is pregnant, our baby is due november, I am a British National working in Belgium.

She currently has a UK fiancee visa, after we marry in the UK we may decide to live/work in Belgium and apply for the "Reunification of Spouse Visa" for long stay in Belgium.

Whilst i Belgium, what in terms of health care is/are she/we entitled to leading up to delivery, delivery and post delivery of our baby from Belgium Health Care System.

Regards

Arran.

[BelfastMike]

ArranP. I'm working in Mons Belgium at the moment. Just arrived a week ago and enjoying the long weekend this week.

Would be interested in chatting to you off-line about Visas etc. I'm in the same position as you although I'm not engaged and my g/f isn't pregnant. We want to live together for a few months (or longer if at all possible) in Belgium.

I haven't a clue about the process for applying for a visa for her. Perhaps you can offer some advice?

[dantomat]

However, in this case, it's not clear whether theOP's girlfriend can at this stage be considered to be a family member.

For the UK, she may need to satisfy the same requirements as for unmarried partners.

im a belgian married to a thai !if you bring your girl here on a tourist visa 90days you wil also need to get a visa to bring her to the uk because the uk is not a member of the schengen states !and 90 procent of the toursit visa applications in the belgian embassy are turned down !cohabitation visa are almost impossible to obtain in the belgian embassy and as for being easy to get a visa for belgium forget it we have a new government here and they are going to make it very hard for foreigners to come and live here even if you are married to a belgian national !

I can confirm this. My Thai GF has yesterday had her Belgium visa application refused. What I would like to know is how do we find out why? Is there an appeal process?

Thanks,

Shaun

[mrbojangles]

I can confirm this. My Thai GF has yesterday had her Belgium visa application refused. What I would like to know is how do we find out why? Is there an appeal process?

Thanks,

Shaun

Was it a tourist Visa? I so, i don't think there is an appeal process.