Thai Wife Following Her Swedish Husband On A One Year Commitment In Norway

[hans1977]

Hi,

I've just signed the contract with a Norwegian company to work in Norway on a one year project, and i would like my wife to be there with me as well.

I thought i would get a visa for her like nobody's business, for this kind of purpose, since it's a very low financial risk for the countries involved and because it's a quite normal policy for countries to have a friendly attitude to married couples staying together (or that is an illusion?).

So, i went to the Swedish embassy first, and was suggested to try the Norwegian embassy instead. I then went to the Norwegian embassy, where i was suggested to let my wife apply for a residence permit or to become a Norwegian and then let my wife apply for a 7-days visa followed by the application for the residence permit in Norway.

I would have thought a visa would be suitable for this, but i'm not so sure what to do now.

Have you been in a situation like this? How should i proceed?

/Hans

[the scouser]

HI Hans,

That sounds about right to me.

Under European law you have the freedom of movement to go and work in Norway and that is automatically extended to your family members, irrespective of their nationality. Your wife's visa should have been issued free of charge and, once in Norway, she can apply for a residence card from the local authorities free of charge. This has to be issued within 6 months of application. Alternatively, your wife can simply not apply for the residence card and just stay in Norway. This is quite lawful. If she has to travel and wishes to return to Norway, she can simply obtain a new visa free of charge.

Scouse.

[hans1977]

It seams like they (the embassies) don't think it works like this, and they are the ones to issue visas, so where should i focus my efforts? The Swedish embassy or the Norwegian embassy? Do you have any suggestions on how i should approach them to get on the right track from the beginning?

I'm supposed to start on the 1st of September, and i'm sure it would be harder to do it on remote control from Norway compared to do it here and now before i go to Norway.

/Hans

HI Hans,

That sounds about right to me.

Under European law you have the freedom of movement to go and work in Norway and that is automatically extended to your family members, irrespective of their nationality. Your wife's visa should have been issued free of charge and, once in Norway, she can apply for a residence card from the local authorities free of charge. This has to be issued within 6 months of application. Alternatively, your wife can simply not apply for the residence card and just stay in Norway. This is quite lawful. If she has to travel and wishes to return to Norway, she can simply obtain a new visa free of charge.

Scouse.

[the scouser]

Hans,

I can't respond in any detail at the moment as I'm rather busy.

However, as a starting point, you should make an application at the Norwegian embassy in Bangkok for a free entry visa for your wife. You need to demonstrate that you are a citizen of an EEA country and that you and your wife are married. They may expect your marriage certificate, if in Thai, to be translated to either English or Norwegian and legalised by the Thai Ministry of Foreign Affairs.

For more information read directive 2004/38/EC

Scouse.

[hans1977]

Thank you for taking your time!

The link is to an .eu site, and Norway is only a member of EEA (not EU). The wording in the directive is "should" rather than "must".

Do you think any of those circumstances are likely to be used by the Norwegian embassy as a reason not to grant my wife an entry visa?

/Hans

Hans,

I can't respond in any detail at the moment as I'm rather busy.

However, as a starting point, you should make an application at the Norwegian embassy in Bangkok for a free entry visa for your wife. You need to demonstrate that you are a citizen of an EEA country and that you and your wife are married. They may expect your marriage certificate, if in Thai, to be translated to either English or Norwegian and legalised by the Thai Ministry of Foreign Affairs.

For more information read directive 2004/38/EC

Scouse.

[the scouser]

For the background to the directive read:-

http://en.wikipedia.org/wiki/Right_to_move

I'm aware that Norway is not a full member of the EU, but the directive encompasses all EEA member states.

Scouse.

[hans1977]

This seams to be more or less the procedure, but anyone going down this road is much better off doing their homework about the European laws before going to the embassy.

My wife hasn't actually got the visa yet, but the embassy was "pretty sure" that she would get her visa on the 22nd.

Thank you very much for giving me these directions!

/Hans

Hans,

I can't respond in any detail at the moment as I'm rather busy.

However, as a starting point, you should make an application at the Norwegian embassy in Bangkok for a free entry visa for your wife. You need to demonstrate that you are a citizen of an EEA country and that you and your wife are married. They may expect your marriage certificate, if in Thai, to be translated to either English or Norwegian and legalised by the Thai Ministry of Foreign Affairs.

For more information read directive 2004/38/EC

Scouse.

[the scouser]

This seams to be more or less the procedure, but anyone going down this road is much better off doing their homework about the European laws before going to the embassy...

Alternatively, they can always instruct a reputable immigration adviser

Scouse.

[hans1977]

I handed in all the documents including the booking of our _one way_ tickets to Norway, and was given a Schengen C VISA on the 22nd.

I thought the hole thing was fine until we got to the airport on the 29th to check in our luggages. There and then they told me that I'd not be able to go with my wife to Norway; i'd rather have to go alone because my wife didn't have any return ticket. A return ticket, they said, was required for a C VISA, but a D VISA would allow for a one way ticket.

So i told them my story and everything i knew about the freedom to move for EU/EEA citizens. They then called in an ambassador from Europe; and i told him and his colleague the same thing.

The ambassador told me that the my air line, Turkish Airline, was right and that i would have to buy a return ticket for my wife. I wasn't vary happy about buying a return ticket for my wife, and after a bit of talking Turkish Airline offered to make an exception but with no guaranties that my wife would be allowed on board at the connecting flight in Istanbul.

So i turned to the ambassador for his advise, and was told that his best advise would be to buy the return ticket.

I thought starting a new argument in a country completely new to me would not do me any good, especially not after 10 hours on the flight from BKK, so i decided to follow the advice to cancel her old ticket and get a new return ticket with the possibility to get some refund of the old ticket later on.

Having completed the check-in we, luckily, had just about enough time to reach the gate before it closed.

In Istanbul, however, there were no checks for returntickets, and we would have been perfectly alright with the original one way ticket arrangement as it was!

I'm very, very, disappointed at the Norwegian Embassy in BKK that they did not i) offer me a D VISA or ii) told me to arrange for a return ticket since they couldn't offer me a D VISA for some reasons. The information was provided for them right form the beginning, and i do _not at all_ think it would be to much to expect an embassy to issue a proper VISA or advice on how to proceed properly!

I think it would be fair if the Norwegian Embassy would pay for my additional costs, but getting money back in general (but in Thailand in particular) is quite difficult. Are there any chanses for me to make myself right in this? Or am i not supposed to make myself right because i'm actually wrong for reasons i have failed to see?

/Hans

This seams to be more or less the procedure, but anyone going down this road is much better off doing their homework about the European laws before going to the embassy.

My wife hasn't actually got the visa yet, but the embassy was "pretty sure" that she would get her visa on the 22nd.

Thank you very much for giving me these directions!

/Hans

Hans,

I can't respond in any detail at the moment as I'm rather busy.

However, as a starting point, you should make an application at the Norwegian embassy in Bangkok for a free entry visa for your wife. You need to demonstrate that you are a citizen of an EEA country and that you and your wife are married. They may expect your marriage certificate, if in Thai, to be translated to either English or Norwegian and legalised by the Thai Ministry of Foreign Affairs.

For more information read directive 2004/38/EC

Scouse.

[the scouser]

I don't think you can blame the Norwegian embassy in this instance. Evidently it was a case of the airline covering their own back. There is no requirement for your wife to have a return ticket, even with a "C" visa but the airline were concerned that if your wife were refused entry for any reason in Oslo, they would have had to carry her back to Thailand at their own expense. What they've done is to use you as their insurance policy by getting you to buy a return ticket.

Get the Norwegian authorities to confirm to you in writing that your wife was not required to have a return ticket as a condition of entry and then hit the airline with a claim for your money back.

Scouse.

[hans1977]

Yes, in that case there is no reason to be disappointed on the Norwegian embassy's work.

The airline called in that ambassador who confirmed that the airline was right. I expected him to know the rules and regulations; what could i have done there and then? Are there any bullet proof procedures in this?

Anyway, i'll have to get a document from the Norwegian police saying that my wife was not required to have a return ticket to enter Norway on her Schengen C VISA?

Having got that; how can i prove to the airline that i was forced to join their scam where they persuaded me to buy the new ticket?

/Hans

I don't think you can blame the Norwegian embassy in this instance. Evidently it was a case of the airline covering their own back. There is no requirement for your wife to have a return ticket, even with a "C" visa but the airline were concerned that if your wife were refused entry for any reason in Oslo, they would have had to carry her back to Thailand at their own expense. What they've done is to use you as their insurance policy by getting you to buy a return ticket.

Get the Norwegian authorities to confirm to you in writing that your wife was not required to have a return ticket as a condition of entry and then hit the airline with a claim for your money back.

Scouse.