Settlement in E.U for Thai wife and adopted son (Thai)

[jji23]

Hi,

I currently live and work in Thailand but have been offered job positions in Spain, Switzerland and Germany. I want to take my family with me and was wondering if there was a blanket settlement visa for all E.U countries or if I have to apply for the settlement visa for the specific country? I am a British national so don't need a visa myself.

Thank you.

[7by7]

As you will be moving to a specific country in order to exercise an economic treaty right and taking your non EEA national family members with you, your family should apply to the embassy of that country.

The procedure varies from country to country, so you should contact the embassy concerned when you know for sure where you will be going.

Whichever country it is, EEA/EU regulations say that the procedure should be simple, fast and free.

[gprit]

I am a British Citizen and will be marrying my Thai fiancee in January - after which we will wish to apply for her to join me and live with me at my house in the UK.

Anyone advise on the income requirements, as I am in receipt of just under the £18,000+ (don't claim any benefits) BUT I have savings of approx £50,000 as well as a house in France (that is up for sale ...but when will it get sold???) and will produce approx £300,000 equity. Don't want to wait until sold as that may take some time. We have a son who has full British Passport so income requirements should not affect him - he can travel freely.

Anyway, my question is.....

Due to stringent (being challenged) financial constraints, does the fact that I have had a property in France for 15 years (and have largely spent around 5 months a year there) classify me as EU Citizen, which takes precedence over UK citizen, meaning we could enter into UK via France? I am thinking of what has become known as the Surinder Singh route, after a historic court case, a British national who works elsewhere in Europe for three months has the right to bring a non-EU spouse into the UK without having to meet the minimum-earnings requirement.

While in France I have continued to work on ad-hoc website design.

[7by7]

To follow the Surinder Singh route into the UK you need to have been living and working, employed or self employed, in another EEA country, e.g. France, and your Thai wife needs to have been living there with you. There is no set period, but the accepted minimum is, as you say, three months.

You will need to provide evidence of all of this when your wife makes her UK application.

I am not sure if continuing the same ad hoc work in France as in the UK would meet the 'living and working' requirement.

However, your savings of £50,000 can be used to reduce the income requirement for a UK settlement visa.

See 7. Cash Savings.

Probably better to start a new topic if you want to discuss that further.

Edited December 13, 2013 by 7by7

[gprit]

Can this be 'moved' to a new topic?

Thanks for the Cash Savings document pointer. If I am reading this correctly I don't think I should have a problem with Income requirements.

Lets say income is £15,000 (state and private pensions)

Page 41 says....

"The following equation is to be used:

(x minus 16,000) divided by 2.5 =y

where x is the total amount of cash savings held by the applicant, their partner, or both on the date of application and under their control for previous 6 months.....

y is the amount which can be used towards the financial requirement".

SO Savings of (£50,000-£16,000) divided by 2.5 = £13,600

So £15,000+£13,600 is well clear of what is required.

Am I reading this correctly?

[7by7]

Yes.