Visa Required For Thai Wife To Accompany Me On Business To Germany

[phonsawangkid]

I am a UK National and resident and recently married my Thai National girlfriend in Thailand. We have been together 3.5 years.

We are about to apply for a settlement visa to the UK, for which I do not forsee any problem.

As my girlfriend, over the last 3 years we have applied for and recieved 2 UK visitors visas and 3 schengen visas (Netherlands 2 and Germany 1) My question is: I work (for a UK company) between UK and Germany, travelling frequently between the 2 countries. I spend nearly 50% of my time in Germany, where I stay at my employers premises (my employer happens to be my uncle)

My wife will also be employed by the same company and will be with me at all times. I have searched the internet and am confused by the information I have found there. Could you anybody possibly tell me what visa she would be required to have in order to accompany me to Germany? (if any?)

I have heard about UK Residence cards that enable people accompanying their spouses to enter Europe without the need for seperate visas but this doesnt seem to apply to Thais?Will her UK Settlement visa entitle her to travel to Europe with me?

[7by7]

Once she has permanent residence in the UK then she will be able to enter EEA countries without a visa.

As your wife her first step will be a 2 year settlement visa, at the end of which, assuming she meets all the criteria, she can apply for Indefinite Leave to Remain, which for these purposes is the same as permanent residence.

During this initial two year period she will need the appropriate visa to visit other EEA countries. As a tourist this would be a Schengen visa, but for work I'm not sure. Doesn't your employer know?

[phonsawangkid]

I think I need to rephrase my question!

This is the answer I received from the German Embassy after asking the same question I posted on TV

thank you for your request. Please be informed that your wife, as a Thai citizen, will not require a visa for Germany if she fulfills the condition set out in Article 5, Paragraph 2, Sentence 2 of the DIRECTIVE 2004/58/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 which I attach for your information.

This means if your wife is in possession of the residence card referred to in Article 10 of the attached EU-directive, she may enter Germany together with you without having to apply for a visa prior to departure

What I really need to know is: Does the settlement visa issued by the UK incorporate a Residence card or is this something I need to apply for seperately?

or is it at all possible to apply for a residence card? or, as I have seen in other posts, that a visa must be sought from the relevant country before travel.

If a visa is required (tourist or business), it appears that visa's are only for 3 months in every 6, which obviously makes the employment (regular travel to and fro to Germany) not viable?

[7by7]

The residence card they refer to is issued to those non EEA citizens who entered an EEA state under the EEA rules rather than that state's immigration rules, once they have been in that state long enough to qualify. This is not a route open to non EEA spouses of EEA citizens applying from outside the EEA to live in their EEA spouse's home state; they must apply under that state's immigration rules.

As I said above, an initial two year settlement visa does not count as a residence card under the directive as it does not confer permanent, or indefinite, residence on the holder. However, once she has ILR this is equivalent to a residence card and so a holder of UK ILR would not need a visa to visit Germany or any other EEA state.

You could apply to Germany for an EEA family permit so that the two of you could live together in Germany; but this would not allow her entry to the UK; she'd need the appropriate visa for that!

Edited October 8, 2009 by 7by7

[phonsawangkid]

OK! Thanks

Its becoming clearer now

I think my only option is to get the following visas and permits in this order:

1.Get the UK settlement visa for my wife.

2.Apply for German residency permit for me.

3.After wife has entered UK, apply for an EEA Family Permit so my wife can enter Europe with me.

4. Maybe apply for business visa for wife before applying for EEA Family permit, so that wife can work for the time it takes to get EEA Family Permit.

Why oh why does the UK not join the Schengen scheme?????