Three ways to bring your Thai Wife to the UK!

[angryparentz]

You have a Thai wife and you then find it hard to bring her home. Welcome to the world of UK visas.

At present you have 4 choices:

1. You are reasonably well established in the UK, have had a job for 6+ months with a salary in excess of 18,600 GBP, have a place to live in that is deemed of a suitable size, no criminal convictions etc. The Thai wife can pass English and medical tests etc. Great!!! Pay the almost 1000 GBP visa fee, ensure that you have done your research and have completed all the paperwork! Via the express service you could be in the UK in about 2 weeks!.

2. You are not established in the UK but you might be able to use the 6 month family visit route - ensure that your Thai wife does not fail on the RETURN requirements. This is a cheap and temporary route that at least allows the family to live together in the UK for 6 months. However, the sad fact remains that the visa officer is still going to look at the finacial security of the family. So, to a considerable extent, much of the requirements of the spouse visa still remain in this visa. It is a 6 month visa but your application is based on how long your wife will remain. If you state your wife will be in the UK for 1 week the financial requrirements are lower than 6 months, but it is stil a 6 month visa.

At the same time, if you state you want a 1 week visa but the wife remains for 6 months, this might have an effect on future visas.

What you will never be told in a nutshell is that there are 3 legal systems in operation 1: For those in the UK e.g. if I was in the UK with my son and my wife was in Thailand it would be 1 system, 2: The entire family is outside the UK and outside the EU, 3: The entire family is outside the UK but in the EU.

3. You use the EU/EEA family route. The intial stage is a bit harder, as you need to work in another EU country for a short time - if you have the phsyical stamina it is cheaper than all other UK visas and has a lot more legal benefits.

I have done this route. It is not impossible as there are plenty of jobs in the EU. And to be honest, if I was to add the costs of UK visa + all tests + the requirments for housing + all other UK visa requirements I probably would have had to spend about 5-20,000 GBP over the next 5 years. The EU route pays for itself (as you get a job in the EU country).

The EU route is a free visa and at the most 55 GBP for the 5 year residence permit - I am sure that most UK citizens that are living year to year with their Thai spouse fear the future... A 5 year (actually it is permanent) visa would make thousands sleep in peace each night!

4. Relocate to Thailand.

Edited August 29, 2014 by angryparentz

[durhamboy]

I think you make a number of good points (here and in your other recent topic that was closed).

A few comments :-

1. I think with the visit visa option that visa is quite a lot easier to get than a settlement visa but isn't really viable as every 6 months the applicant has to leave the UK and eventually a visa will probably be refused after a few trips.

2. Not sure where you get your upper level cost of £20k for a SV. I would say it is about £5-6k so I would accept your lower level figure. Nevertheless even at the lower level it makes the EU route attractive if you can do it.

Another aspect of all this could be the Scottish referendum if they vote Yes to independence. Many people in the UK have Scottish blood and could possibly claim Scottish nationality. What happens then? Firstly, if Scotland joins the EU and secondly if they don't? I don't know all the ramifications but it could mean another short cut to a visa to live in the rump of the UK.

Bottom line is that the more the UK introduces onerous and expensive visa conditions the more that people will look for other solutions.

[7by7]

There is no 'one size fits all' approach.

For some, the EEA route is an attractive and viable one; especially if the British sponsor has been working in Thailand and is now returning home with their Thai family and can either easily find work in another EEA country or has sufficient savings or non employed income to live on whilst there. Plus, of course, the same for when they do return to the UK.

For others, especially where the sponsor is living and working in the UK already, the practicalities of the EEA route, such as giving up their job in the UK, moving to another EEA country, finding a job there, giving that job up, moving back to the UK and finding another job there plus the cost of doing all this, means it is neither practicable nor viable.

I would suggest, based on posts on this and other forums, that the majority of sponsors fall into the second category. I would also say, based on posts in this and other forums, that for most families the UK immigration rules route, even though it can be onerous and is expensive, is the better option.

The family visitor route can be used, and has been successfully used, to keep the family together while the British partner works in the UK long enough to satisfy the financial requirement; but it must be remembered that the maximum time allowed in the UK per visit is 6 months and, usually, no more than 6 months out of any 12.

To say that following the EEA route has a lot more legal benefits than the UK immigration rules route is incorrect. There are pros and cons to each.

To say that following the UK immigration rules route will cost £5000 to £20,000 is incorrect. As Durhamboy's calculations in another topic show, it is actually less than £4000; slightly over if FLR and ILR applications are made in person rather than by post.

As I said at the start of this post, there is no 'one size fits all' method. Each and every person considering living in the UK with their Thai (or, of course, other non EEA national) family should look at their circumstances and the options before deciding which is the best for them.

I should add that I believe the current financial requirement is ridiculously high and unfair; but that has been discussed many times on this forum already and I don't see the need to go there again here.

Edited August 29, 2014 by 7by7

[theoldgit]

Nonsense post removed, if you have some sensible advice to offer then I'm sure it would be welcome.

Please don't post nonsensical comments.

[MESmith]

More info on this EU/EEA family route please.

Can I simply live in EU country without working & for how long?

How long would my wife have to stay there before applying for UK visa. Sounds too simple.

What happens once in UK? What if she leaves UK for holiday / visit Thailand?

[frankthetank]

More info on this EU/EEA family route please.

Can I simply live in EU country without working & for how long?

How long would my wife have to stay there before applying for UK visa. Sounds too simple.

What happens once in UK? What if she leaves UK for holiday / visit Thailand?

I have been looking at this route via Germany.

As an EU member, Germany States that we can enter and live in Germany without applying for residency for 3 months, up to 6 months if looking for work, and indefinitely if employed (or self- employed).

Partner can come to Germany to reunite with you on an EU Family Permit, issued free at the German embassy abroad( they also state that the free family permit can and must be issued even at the German border control without question or hinderance).

On arrival in Germany, your partner would apply for a residence permit, with no requirement of employment.

Once she has this, you can then both come to UK. No visa, as the partner is an EU resident.

This is valid for 5 years from the date of entry into Germany.

Approximately 4.5 years into the uk stay, she would go back to Thailand, you would go back to Germany, she would then immediately re-apply for another family permit. Same process, Germany then to uk.

Using the UK rule of 5 year in residence in the uk, once she has passed a total of 5 years in uk, she can apply for citizenship.

This is different to the 3 year rule of being married to a uk citizen, as she would not have arrived using any uk

Visas or extensions.

This is how I have interpreted the route, if anyone has any corrections or anything more to add, please do so, I would appreciate it.

[theoldgit]

Having just got a visa I can categorically state that the UK visa office told me that it is an old wives take that they give a hoot how much of the 6 month visa you use. Ie if as advised on here frequently you tell them you want to get her in for 2 months but use up the full six it will NOT harm future applications!

I haven't got time to bust a few others according to the chat I had with the visa office but wanted to get this one straightened

Which "UK visa office" told you this was "an old wives take"? The general public actually have no contact with those making the decisions on UK Visa applications.

Did they also tell you that if somebody applied for a visa having given evidence that they planned to stay in the UK for eight weeks and then stayed for twenty six weeks, that the credibility of evidence submitted with any future application wouldn't be questioned?

[Tony M]

Having just got a visa I can categorically state that the UK visa office told me that it is an old wives take that they give a hoot how much of the 6 month visa you use. Ie if as advised on here frequently you tell them you want to get her in for 2 months but use up the full six it will NOT harm future applications!

I haven't got time to bust a few others according to the chat I had with the visa office but wanted to get this one straightened

As a former "visa officer" I am going to disagree with you on this. However, if you can add some foundation to your statements, such as who you spoke with, and at which "UK visa office", then it might give you some credibility.

Please "bust a few others". I would love to hear what else this visa officer told you.

[7by7]

MESmith and frankthetank:

What the OP is talking about is known as the Surinder Singh route; after a case in the ECJ.

Basically, any EEA national has the right to live in any other EEA state provided they are exercising one of these treaty rights; student, jobseeker, employed, self employed, living off independent means such as a pension or they have permanent residence in that country. Furthermore, they have the right to have their non EEA national family members live there with them.

This is known as freedom of movement rights.

However, you are not exercising your freedom of movement rights in your own country, therefore you cannot use these rights to bring your non EEA national family members to live with you there.

So, for example, the Thai wife of a German would need to apply under the German immigration rules to live in Germany with her husband, just as the Thai wife of a Brit has to apply under the UK immigration rules to live in the UK with her husband.

But, the Surinder Singh case determined that the freedom of movement right must include the right to return to one's home country.

Therefore, if an EEA national has been exercising a treaty right in an EEA state other than that of which they are a citizen and their non EEA national family member(s) have been living there with them then those family member(s) can use the Surinder Singh route to apply under the EEA regulations to return to their EEA family member's home country.

For more details, including the effect of the recent EU Supreme Court judgement in O v The Netherlands (Case C-456/12), see Surinder Singh immigration route.

Note that the UK has yet to fully implement these changes, such as the minimum three months residency, but are legally obligated to do so. If considering this route, don't rely on them not having done so by the time you apply.

[MAN2SIN2BKK]

More info on this EU/EEA family route please.

Can I simply live in EU country without working & for how long?

How long would my wife have to stay there before applying for UK visa. Sounds too simple.

What happens once in UK? What if she leaves UK for holiday / visit Thailand?

I am a Brit and have been married to a Thai for 15 years, we have 3 children, we met in Singapore and we lived in Thailand since 2001. In March I started a new job in Germany, I was offered the job in September last year and we made an initial visit in November to ensure that my wife would be able to settle in.

I had some telephone conversations with the German Embassy about procedures and they were extremely helpful. My wife's Visitor visa was processed in 1 day, with no appointment and was free as I was an EC citizen.

We planned for the family to arrive 2 months after I moved to Germany, So once I had my employment contract, house registration, medical insurance, booked flights and importantly my first pay slip they were sent to my wife who went again to German Embassy and again it was dealt with efficiently and she was issued a 90 day visa within the day FREE.

I returned to Thailand at the end of April and the family flew to Germany the following week.

2 months later we went armed with form filled, all required docs and pay slips etc to the local immigration office and 3 weeks later my wife received her resident permit valued for 5 years.... Very friendly, very fast, very efficient and no awkward questions like we have experienced with the British Application

I want to take the family to visit my mother in the UK in October so I sent an email to the local embassy asking for the procedure for my wife's visa and received a mail back stating "we don't deal with questions about Visa application"..............

Why not, it is the Embassy, its their job!

[crazyfalang]

Me and my Lady live in Thailand OK, so what happens if i want to take her to the UK for a months holiday.!!! will she need a 6 month visa..Or is there another way without having to spend all that money on a 6 month visa.!!!

[theoldgit]

Me and my Lady live in Thailand OK, so what happens if i want to take her to the UK for a months holiday.!!! will she need a 6 month visa..Or is there another way without having to spend all that money on a 6 month visa.!!!

This is a thread about a wife settling in the UK, not a tourist visa.

If your British and want to take your lady to the UK on holiday, then she needs to apply for a visit visa, no short cuts I'm afraid.

Applicants normally get issued with a six month visa whether the proposed holiday is for two weeks or six months, and the cost is the same.

Numerous threads on this and a pinned topic at the top of the page.

[pgthompson]

Me and my Lady live in Thailand OK, so what happens if i want to take her to the UK for a months holiday.!!! will she need a 6 month visa..Or is there another way without having to spend all that money on a 6 month visa.!!!

Unfortunately not!

You have to apply on-line, pay on-line by USD!! even though we don't use USD in UK, then make an appointment to take the printed copy to an office in Bangkok to have biometrics taken, my partners appointment was 2.10, she was seen at 3.50!!

I feel it's a disgrace that we have a UK embassy in Bangkok but the processing is farmed out to an Indian company that are obviously making money. yet what are the staff in the embassy doing. We had to travel from Chiang Mai yet we have a consulate there.

[beano2274]

More info on this EU/EEA family route please.

Can I simply live in EU country without working & for how long?

How long would my wife have to stay there before applying for UK visa. Sounds too simple.

What happens once in UK? What if she leaves UK for holiday / visit Thailand?

I have been looking at this route via Germany.

As an EU member, Germany States that we can enter and live in Germany without applying for residency for 3 months, up to 6 months if looking for work, and indefinitely if employed (or self- employed).

Partner can come to Germany to reunite with you on an EU Family Permit, issued free at the German embassy abroad( they also state that the free family permit can and must be issued even at the German border control without question or hinderance).

On arrival in Germany, your partner would apply for a residence permit, with no requirement of employment.

Once she has this, you can then both come to UK. No visa, as the partner is an EU resident.

This is valid for 5 years from the date of entry into Germany.

Approximately 4.5 years into the uk stay, she would go back to Thailand, you would go back to Germany, she would then immediately re-apply for another family permit. Same process, Germany then to uk.

Using the UK rule of 5 year in residence in the uk, once she has passed a total of 5 years in uk, she can apply for citizenship.

This is different to the 3 year rule of being married to a uk citizen, as she would not have arrived using any uk

Visas or extensions.

This is how I have interpreted the route, if anyone has any corrections or anything more to add, please do so, I would appreciate it.

you say "on arrival in Germany your partner would have to apply for a Residence permit" but in the paragraph above they already have one from the German Embassy, all the partner and you would do is register at the "Einwohnermeldeamt".

The residence permit in Germany is not valid for 5 years, it depends on the validity of the passport of the person, for example my wife's "Aufethaltstitel" is valid for 4 years 3 months, as that is when she needs to renew her passport. But no more than 5 years.

And this sentence lost me completely "Approximately 4.5 years into the uk stay, she would go back to Thailand, you would go back to Germany, she would then immediately re-apply for another family permit. Same process, Germany then to uk" Why leave the UK when she can stay...

Also within 1 month of being here you must register at the Einwohnermeldeamt.

Edited August 30, 2014 by beano2274

[cme]

More info on this EU/EEA family route please.

Can I simply live in EU country without working & for how long?

How long would my wife have to stay there before applying for UK visa. Sounds too simple.

What happens once in UK? What if she leaves UK for holiday / visit Thailand?

I have been looking at this route via Germany.

As an EU member, Germany States that we can enter and live in Germany without applying for residency for 3 months, up to 6 months if looking for work, and indefinitely if employed (or self- employed).

Partner can come to Germany to reunite with you on an EU Family Permit, issued free at the German embassy abroad( they also state that the free family permit can and must be issued even at the German border control without question or hinderance).

On arrival in Germany, your partner would apply for a residence permit, with no requirement of employment.

Once she has this, you can then both come to UK. No visa, as the partner is an EU resident.

This is valid for 5 years from the date of entry into Germany.

Approximately 4.5 years into the uk stay, she would go back to Thailand, you would go back to Germany, she would then immediately re-apply for another family permit. Same process, Germany then to uk.

Using the UK rule of 5 year in residence in the uk, once she has passed a total of 5 years in uk, she can apply for citizenship.

This is different to the 3 year rule of being married to a uk citizen, as she would not have arrived using any uk

Visas or extensions.

This is how I have interpreted the route, if anyone has any corrections or anything more to add, please do so, I would appreciate it.

You are not totally correct. Yes, your partner will be issued with a free entry EEU family Visa to germany (Europe) and provided that you are registered as living in Germany she will be issued with a German Residents permit valid for the duration of her Passport. BUT she will still need to apply for a UK family entry visa, it is free and only valid for 1 year and must be granted, and you must be travelling together to the UK. If she wishes to stay longer, then she can apply for a 5 year Visa but that is not free.

Edited August 30, 2014 by cme

[Jaggg88]

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Having just got a visa I can categorically state that the UK visa office told me that it is an old wives take that they give a hoot how much of the 6 month visa you use. Ie if as advised on here frequently you tell them you want to get her in for 2 months but use up the full six it will NOT harm future applications!
I haven't got time to bust a few others according to the chat I had with the visa office but wanted to get this one straightened

Absolutely correct - every visitor gets 6 months whether they use it or not. The initial visit visa is the hardest to get as they are looking for bogus marriages etc. You have to understand that ppl are risking their lives to get into some countries so a visit visa/scam marriage is an easy option but unfortunately that affects all genuine applicants. They are looking to see if you have the finaces to support your wife/children on your visit as they do not want any non citizens making claims on public funds - which is fair enough. If the visitor qualifies for all current criteria they can visit for 6 months every year. I believe you can actually obtain 3, 5 10 year visit visas.

Under current EU legislation the Human Rights Act doesn't allow a country to deport anyone if it deprives them of their right to a family life so if you came with your family on a visit and you didn't want to return to Thailand (which is your right as a UK citizen) the authorities couldn't deport your wife or children. I've never heard of anyone in this community trying this option though.

Edited August 30, 2014 by Jaggg88

[beano2274]

Just another point for Frankthetank, before coming to Germany your wife should get her Residence Permit (Aufenthalstitel) at the German Embassy in Bangkok, this is the rule, but it can be done differently, as I think you mean in the post above, get the visa then apply here, this is not the correct way you could get rejected, but luckily enough for myself and my wife she got it here in Munich, but this was due to the fact we had all the paperwork and the lady was being helpful and actually very friendly, not like some of the Government officials here in Germany.

Edited August 30, 2014 by beano2274

[7by7]

Under current EU legislation the Human Rights Act doesn't allow a country to deport anyone if it deprives them of their right to a family life so if you came with your family on a visit and you didn't want to return to Thailand (which is your right as a UK citizen) the authorities couldn't deport your wife or children. I've never heard of anyone in this community trying this option though.

Sorry, not true.

Article 8 of the ECHR (which has nothing to do with the EU, BTW) is a qualified right.

ARTICLE 8

Right to respect for private and family life

1. Everyone has the right to respect for his private and family

life, his home and his correspondence.

2. There shall be no interference by a public authority with the

exercise of this right except such as is in accordance with the

law and is necessary in a democratic society in the interests of

national security, public safety or the economic wellbeing of the

country, for the prevention of disorder or crime, for the protection

of health or morals, or for the protection of the rights and freedoms

of others.

Which means that visa overstayers, and others, can be deported; even if they have family legally living in the UK.

[theoldgit]

And in addition to the above response, and also to respond to the earlier claim, I have knowledge of a fair number of families that have been split up when a partner has fallen foul of Immigration rules, even when they have tried to play the Article 8 card, and not all were visa nationals.

[MESmith]

Doesn't this whole settlement visa thing become a farce, when UK nationals can just move to any EU country with their Thai spouse without any hoops to jump through, but going to their home country is such an ordeal? and other EU nationals can take their family to live in UK

Come on Scotland, vote for independence.....

[7by7]

A, for example, German national cannot use the EEA regulations to take their, for example, Thai wife to live with them in Germany; they would have to apply under the German immigration rules.

What Scotland's immigration rules would be were it to become independent is anyone's guess.

But if Scotland becomes independent and if an independent Scotland does become a member of the EEA, then moving there to satisfy the Surinder Singh route would be a more attractive to a British/non EEA national couple than moving to, for example, Germany. For the same reasons as some couples currently live in the Republic of Ireland.

[AngryParentXXX]

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More info on this EU/EEA family route please.

Can I simply live in EU country without working & for how long?

How long would my wife have to stay there before applying for UK visa. Sounds too simple.

What happens once in UK? What if she leaves UK for holiday / visit Thailand?

I am a Brit and have been married to a Thai for 15 years, we have 3 children, we met in Singapore and we lived in Thailand since 2001. In March I started a new job in Germany, I was offered the job in September last year and we made an initial visit in November to ensure that my wife would be able to settle in.

I had some telephone conversations with the German Embassy about procedures and they were extremely helpful. My wife's Visitor visa was processed in 1 day, with no appointment and was free as I was an EC citizen.

We planned for the family to arrive 2 months after I moved to Germany, So once I had my employment contract, house registration, medical insurance, booked flights and importantly my first pay slip they were sent to my wife who went again to German Embassy and again it was dealt with efficiently and she was issued a 90 day visa within the day FREE.

I returned to Thailand at the end of April and the family flew to Germany the following week.

2 months later we went armed with form filled, all required docs and pay slips etc to the local immigration office and 3 weeks later my wife received her resident permit valued for 5 years.... Very friendly, very fast, very efficient and no awkward questions like we have experienced with the British Application

I want to take the family to visit my mother in the UK in October so I sent an email to the local embassy asking for the procedure for my wife's visa and received a mail back stating "we don't deal with questions about Visa application"..............

Why not, it is the Embassy, its their job!

Your wife has her residence permit for another EU country (Germany).

Apply for the free 6 month EEA family permit (UK) for your wife via the visa website, go in on the day selected, have copies of all docs, wait about 2 weeks and then you should be able to go to the UK with you wife.

Relax!

[beano2274]

AngryParent - wherever I look it says the following:

You can apply for an EEA family permit to accompany your family or partner to the UK (or join them after they’ve arrived) if:

• the person you’ll be accompanying or joining is from the European Economic Area (EEA) but not the UK
• you’re from outside the EEA

You can apply as either:

• the wife, husband, civil or unmarried partner, child, grandchild, parent or grandparent of the person you’ll be joining in the UK
• a dependent extended family member - eg unmarried partner, brother, sister or cousin

You can also apply for an EEA family permit if you’re the main carer of:

• a British citizen
• a financially self-sufficient child who is an EEA national
• a child of an EEA national who was a worker in the UK

You should apply for a visa to join your family member instead if your family member is a British citizen (unless you’re their carer).

The bit in red leads me to believe that my wife and the wife of Man2Sin2Bkk cannot apply as he and I are both British Citizens.

Also on VAF5 it says the following countries: UK is not one of them, and although our wives have an Aufethaltstitel is this equivalent to being a resident

• Belgium

• Bulgaria

• Croatia

• Cyprus

• Czech Republic

• Denmark

• Estonia

• Finland

• France

• Germany

• Greece

• Hungary

• Iceland

• Irish Republic

• Italy

• Latvia

• Liechtenstein

• Lithuania

• Luxembourg

• Malta

• Netherlands

• Norway

• Poland

• Portugal

• Romania

• Slovakia

• Slovenia

• Spain

• Sweden

[beano2274]

Think I have found some answers here:

https://www.gov.uk/government/publications/eea-family-permits-eun02/eea-family-permit-eun02

Paragraph number 14.

Another question came to mind, maybe 7by7 could answer, is there a limit to the amount of EEA Family permits my wife can apply for, if we go on holiday to the UK often.

Another point that hit me was this:

After entry to the UK the holder can apply to the Home Office for a residence card. A residence card (an endorsement in the holder’s passport) enables the holder to re-enter the UK without the need for an EEA family permit for as long as they are the family member of an EEA national with a right of residence in the UK. A residence card, which is normally valid for five years, is simply a confirmation of the holder’s right of residence in the UK - it is not a compulsory requirement. See further guidance on applying for residence cards.

The bit in RED caught my eye, does this mean that my wife could apply for a Residence Card, but actually go out of the UK back to Germany and live there with me.

Edited August 31, 2014 by beano2274

[7by7]

I do not think that there is any limit on the number of times your wife could obtain an EEA family permit to visit the UK with you while you are living in Germany together.

Donutz knows more about this than I, so maybe a PM to him if he doesn't post here.

Your wife cannot apply for a UK residence card unless she is a UK resident.

[AngryParent]

AngryParent - wherever I look it says the following:

You should apply for a visa to join your family member instead if your family member is a British citizen (unless you’re their carer).

Ignore the bit in red.

From the UK website: https://www.gov.uk/government/publications/eea-family-permits-eun02/eea-family-permit-eun02#eun214-can-family-members-of-british-citizens-qualify-for-an-eea-family-permit-surinder-singh-cases

Make sure you prove that the centre of your family is now in Germany - that is the main point!

[AngryParent]

Think I have found some answers here:

https://www.gov.uk/government/publications/eea-family-permits-eun02/eea-family-permit-eun02

Paragraph number 14.

Another question came to mind, maybe 7by7 could answer, is there a limit to the amount of EEA Family permits my wife can apply for, if we go on holiday to the UK often.

Another point that hit me was this:

After entry to the UK the holder can apply to the Home Office for a residence card. A residence card (an endorsement in the holder’s passport) enables the holder to re-enter the UK without the need for an EEA family permit for as long as they are the family member of an EEA national with a right of residence in the UK. A residence card, which is normally valid for five years, is simply a confirmation of the holder’s right of residence in the UK - it is not a compulsory requirement. See further guidance on applying for residence cards.

The bit in RED caught my eye, does this mean that my wife could apply for a Residence Card, but actually go out of the UK back to Germany and live there with me.

Do not forget that the residence card takes 6 months and they keep the wife's passport (you could request to get it back)! So, she would at least have to stay in the UK for a certain amount of time.

But yes, the residence card does give your wife the right to leave and come back over 5 years i.e. it is like a 5 year multi entry visa.

If you really just want a free multiple entry visa you would probably be better off just applying for the EEA family permit (it is a multiple entry visa) and when that is expiring apply for another one - but you would need to prove the whole eligibility again and again every 6 months. This takes about 2 weeks, compared to 6 months.

Edited August 31, 2014 by AngryParent

[Donutz]

I do not think that there is any limit on the number of times your wife could obtain an EEA family permit to visit the UK with you while you are living in Germany together.

Donutz knows more about this than I, so maybe a PM to him if he doesn't post here.

Your wife cannot apply for a UK residence card unless she is a UK resident.

I think that is correct but I am not much more knowledgable then you. With the UK national living in Germany and the Thai wife having a Residence Card "family member of an EU/EEA national" she should be able to enter the UK (even without visa? This is normally the case for those who have a EU/EEA family member RC, though the UK seems to implement this rather poorly so how the UK handles this I do not know). If you do obtain a free visa in advance (to be on the save side to avoid the poor execution of freedom of movement rights by the UK) I can't see why it would be an issue to visit the UK for either mulitple short trips (holidays) or for long(er) time. Though if you spent a lot of time in the UK they may tell you to apply for ressidency instead (which should be possible since you'd then be doing the SS route).

There are more dedicated websites regarding (EU/EEA) visa and residency issues, perhaps they have someone with first hand experience?

[beano2274]

thanks to all, had a dry run to apply for a visa, found that you have to apply for a visa under type "other" then the option of the EEA Permit comes up.

But thanks to a link I got from Donutz (thanks) I read this from 2009:

It appears that the UK will in principle allow holders of Residence Card issued by Estonia and Germany to travel to the UK without the EEA family permit, although changes to the EEA regulations has not yet been made to achieve this.

Has this been implemented? as my wife has a German Residence Card.

Edited August 31, 2014 by beano2274

[Donutz]

Estonia and Germany are on that list (I found a link somewhere which was a copy of British visa related laws). Though actually this is poor implementation of the 2004/38 directive, the UK should grand visa free access to all holders of EU/EEA family permits. For silly reasons the UK does not (yet) do this and only accepts German and Estonian cards, claiming that those cards are better protected against fraud. Even if that were true (which I doubt, the Dutch RC's look exactly like the German ones, have a chip etc. ) how would that be a valid reason when the Freedom of Movement directive clearly states that holders of a EU/EEA family member can travel visa free around the EU/EEA area?

December 2013 amendments to the 2006 Regulations:

Regulation 2 (general interpretation)

1.

In regulation 2(1), in the appropriate place, insert a qualifying EEA State residence card means

(a) a document called a Residence card of a family member of a Union Citizen issued under Article 10 of Council Directive 2004/38/EC(a ) (as applied, where

relevant, by the EEA Agreement) by an EEA State listed in sub-paragraph (b ) to a non-EEA family member of an EEA national as proof o f the holders right of residence in that State;

(b ) Germany and Estonia;.

(...)

Paragraph 6 of the Schedule amends regulation 11 of the 2006 Regulations to provide that a non-EEA national who presents a qualifying EEA State residence card may be admitted to the UK.

A qualifying EEA State residence card is a residence card issued under Article 10 of Directive 2004/38/EC by an EEA State listed in regulation 2 of the 2006 Regulations as amended by these

Regulations, currently Germany and Estonia.

Source: http://www.legislation.gov.uk/uksi/2013/3032/pdfs/uksi_20133032_en.pdf

Source of this: http://www.immigrationboards.com/eea-route-applications/visa-free-travel-for-residence-card-holder-case-refer-to-ecj-t121226.html

But how the UK handles such things today (let alone a border guard), I wouldn't know... Which is why I would refer to UK nationals who have experience with UKVI or better yet UK nationals living in an other EU nation, and who have visited the UK with their non-EU spouse on a "family member of EU/EEA" RC.

Edited August 31, 2014 by Donutz