Visa for France for Thai partner with our UK/Thai daughter

[Atkinsos]

Hello, Im wondering if anyone can advise on this.

I have a Thai partner unmarried & we need a visa for her to go to France, we would like at least one year. We have lived here in Thailand for 5yrs & have a 3yr old daughter together with Thai/UK passport. We want to go to France where I have just taken possession of a new house that has taken 5yrs to build. (They make TV programs out of the experiences Ive had with that one).

We have nothing in the UK, our only home is here in Thailand & now France. The idea is for us to move over to France for one year to finish the house off then sell it. Our daughter im assuming is entitled to go over & enjoy the benefits of school & health etc as I am. But my partner & mother?

Im reading many things such as the Mother of an EEC subject is entitled to a long stay visa for uniting family members. But the visa application form talks about marriage certificates, bank accounts with the French address, proof of local taxes paid on property. The list is never ending & apart from proof that I own a property we dont have anything. After 5yrs here everything as our Thai address on it. Also were not really uniting as were all here in Thai together.

Im under the impression that once her feet are on the ground we could apply to change her status as they couldnt (I hope) throw out the mother of a EEC child who has full rights to residency But even a tourist visa would be difficult as she is a full time mother with no work and we dont know anyone over their to sponser her etc.

[Donutz]

Indeed the best option would be to go to France (or an other Schengen country) first, as a regular tourist. This would allow you to stay up to 3 months. But after arrival you could start settlement procedures.

Since you seem to have a relation akin to marriage you (well actually: your Thai family) should be able to apply under the freedom of movement directove (2004/38/EC) for a free visa.

- http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32004L0038

- http://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm

I don't know about the French myself but from what I heard they can be rather difficult. The Dutch for instance will assume a durable relation akin to marriage (and thus being covered by the directive for a free, simplified and prioritized visa) if you are living together for over 6 months and have a few documents to show that you have been in a serieous relationship together for some time (6 months or more): shared appartment/house, shared bank account, biological children etc.

After travel to France you could apply for residence yourself and your family could do so to. Though I do not know what the French procedures for settlement are (or how to make sure you are granted your EU rights rather then being processed as a French national when it comes to the immigration of non-EU family members).

You may find the Schengen FAQ a useful start.

Edited January 18, 2015 by Donutz

[beano2274]

you could ask at the French Embassy in Bangkok, they are quite helpful

[Atkinsos]

Thanks. I did read the Schengen visa FAQ today, most informative. We also did go up to Bkk to visit the French Embassy visa office TLS. They were most helpful and told us to tell the truth!!! This was all fine until I printed of the Long Stay visa application (this visa was their recomendation) and discovered that I was unable to fulfil many of the evidence requirements. My thinking is to go ahead and apply & if refused go the route of a visitors visa as suggested. I will let you know how it goes.

[Atkinsos]

To all, many thanks for your help, we received approval for a 90 day Schengen visa for France this week, submitted with incomplete documentation to TLS who led us to believe we had little hope of getting the visa without the attestation d'accueil. Thankfully they were wrong.

[Derek M]

My lady may be able to help you as she works for VFS.

We were looking at France and Spain. a Lot simpler for Spain and France that what I am reading on the post here. Get your 90 day visa then as soon as you land have your child apply for residency card (They cant refuse as she is EU national and should get 5 year one straight away). You wife upon arrival . should go to immigration and apply for residency card based on Marriage to a EU national and legal resident of France, and Mother of a EU national.

We are not too different, a case from you EU national with Spanish Residency and UK national kid with Thai wife. There is an EU regulation relating to Family repartriation.

and yes, you will need marriage certificates translated. You must be legally married in your own country or via the Embassy of UK or France. Spain insisted on that for us. Did not appear to recognise for some reason a legal wedding in Thailand.

[Donutz]

To all, many thanks for your help, we received approval for a 90 day Schengen visa for France this week, submitted with incomplete documentation to TLS who led us to believe we had little hope of getting the visa without the attestation d'accueil. Thankfully they were wrong.

Congratulations, good to hear the French accepted the minimal paperwork. Too bad, but unsurprisingly, TLS staff isn't as well trained as embassy staff. If you didn't know your rights you would have gotten wrong information from them and acted according to their instructions! Pretty much the main reason why I tell people to apply directly at the embassy, which all applicants are entitled to, to increase the odds of proper service rather then lesset trained TLS snd VFS staff. As a bonus you'd also save yourself that silly "service" (hahaha) fee.

You may wish to share your experience by mailing the French and EU (Home Affairs and EU Delegation in Thailand), hopefully they'd realize that TLS and VFS need to do a better job. Especially since in the future, if the current proposed Schengen visa rules are accepted, direct contact without TLS/VFS is no longer guaranteed.

http://www.eeas.europa.eu/delegations/thailand/about_us/contacts/index_en.htm

and yes, you will need marriage certificates translated. You must be legally married in your own country or via the Embassy of UK or France. Spain insisted on that for us. Did not appear to recognise for some reason a legal wedding in Thailand

indeed the Spanish do not accept a non-EU legal marriage eithout registration or confirmation by the EU nationals authorities. This however is a violation of the Directive 2004/38/EC and the EU has confronted Spain about this. The Spanish ministry of foreign affairs is very much aware that their instructions are wrong but adlong as they do not change the Spanish legislation the embassies will continue to refuse just a non-EU, such as a Thai, legal marriage.

More on Spain:

http://www.thaivisa.com/forum/topic/806454-uk-national-taking-thai-wife-and-uk-kids-to-spain/

Edited March 15, 2015 by Donutz