Advice requested: Wife and children to go to Europe UK to live and school

[laolover88]

Family of 4 people. I am a UK citizen. I have UK passport. 1 daughter is UK citizen aged 12 and has both UK passport/Thai Passport and Thai ID card. Wife is Thai. Daughter 2 is Thai aged 12. We have certified Marriage documents.Daughter 2 is not adopted, but has certified paper from father agreeing to move.

I am not entirely stupid; with degrees from Oxbridge/Harvard/Arizona. However I have spent many an hour last night reading stuff on gov.uk like this::https://www.gov.uk/browse/visas-immigration and this https://www.gov.uk/remain-in-uk-family and a whole lot of other stuff.

I cannot work out the best way for our family to both get to the UK and achieve PLR...........at whatever cost!!... The central issues appear to be that I do not live and have not lived permanently in the UK for many years, though I pay taxes and am not non-resident nor domiciled abroad and that I cannot substantiate therefore that I will live in the UK for x days a year........looks to me like best way is to go and live in France and then move on. We have houses and money. Everyone speaks English. The UK Government websites all seem designed to deter Eritrean refugees with 3 wives/husbands and 10 children from getting to Blighty. Could one of you experts propose the best way forward?

[7by7]

Have a read of UK settlement visa basics for what is required to obtain settlement in the UK for your wife and (I assume) step daughter via the UK immigration rules.

Alternatively, you could use the Surinder Singh ruling to obtain UK residency for them via the EEA regulations. many people do choose this route as they cannot meet the arbitrary financial requirement for UK settlement.

As you say, this would mean you and your family using the freedom of movement regulations to move to another EEA country, many choose Ireland for obvious reasons, while you exercise a treaty right there and your family live with you.

The treaty rights are:

• Student
• Jobseeker
• Worker, employed or self employed
• Living off independent means, e.g. a pension.

As you can see from the above link to the ruling:

• A residence period of at least three months is required (para 54)
• Weekend visits and holidays do not count as residence for this purpose (para 59)
• Any citizen of the Union can potentially benefit from this right, not just workers and the self employed (references to Article 7 of Citizens Directive 2004/38 , e.g. para 56, and to Article 21 of the TFEU, e.g. para 54)
• During the period of residence family life must have been “created or strengthened” (para 51)
• Abuse is impermissible (para 58)

To make the first move you would need to complete whatever forms etc. that country require, and once qualified your wife and step daughter apply for a UK EEA Family Permit under the Surinder Singh ruling.

,

[laolover88]

Anyone not got anything better to do might look at this complete gibberish

These are UK GOV/ Schengen/expat websites!!¬¬!

I have not even tried to edit or annotate them more than a beginning

The simplest questions are avoided

1. How do you extend a Schengen Visa?

2. How exactly does a British Citizen manage to return to the UK with his Thai wife?

3. How do they get their children to the UK to go to school

There are endless weasel words: difference between living, residence never mind domicile!!!

I have rarely read anywhere such garbage.Schengen Visa site cannot write English..................

In order to travel to one or more of the Schengen Zone countries, as aforementioned, one needs to apply for a Schengen visa at the designated embassy/consulate. There are however, certain requirements similar to every embassy/consulate that have to be met in order to pursuit the application. A unified exemplar (what the f is that??)of the requested documents with the additional information is meticulously described and listed at Schengen Visa

National Visas
The national visa of “D” category is granted to the certain individuals who are to be studying, working or permanently residing in one of the Schengen countries. The national visa can be of a single entry, granted for the people who are in need of residing in the Schengen country for a certain period of time, or for a sole purpose after which they shall return to their country.

What do I do if I urge to extend the visa?Pardon?

In case of any trustworthy reasons, personal, occupational, medical or otherwise, the applicant has to turn to the corresponding institutions in the Schengen country of residence and apply for an extension of the visa.

A unified exemplar???????

Travelling for the purpose of permanently residing in the Schengen country due to a Schengen spouse

· Two application forms must be filled as required.

· The original certified copy of the marital certificate.

· The copy of the spouse’s passport if a Schengen country citizen. If the spouse is not a Schengen country citizen but only lives in a Schengen country the copy of his/her residency permit is to be submitted as well.

http://www.expatica.com/fr/visas-and-permits/Moving-to-France-Guide-to-French-visas-and-permits_101096.htmlhttp://www.expatica.com/fr/visas-and-permits/Moving-to-France-Guide-to-French-visas-and-permits_101096.html

Relatives and partners of EU/EEA/Swiss nationals
Spouses and dependant relatives of EU/EEA/Swiss nationals have the same entry rights (i.e. they don't need a visa to enter France), even if they are not from the EU themselves, but must apply for a residence permit (carte de sejour) within two months of arriving in France.

You need to choose a category (known as a ‘route’) to apply in – each route has different eligibility requirements.

The route you choose affects how soon you can apply to settle permanently in the UK: there’s a 2-year route, a 5-year route and a 10-year route.

You can apply to extend or switch in any of these routes if you’re eligible, except if you have permission to be in the UK:

· as a visitor

· for less than 6 months – unless you got your visa to get married or become civil partners or you got your visa to wait for the outcome of a family court or divorce

· on temporary admission or release (you don’t have a visa) – unless you apply in a 10-year route

You can also switch between routes if your eligibility changes.

[7by7]

The site you have linked to is not an official site; I don't know about the other site you have quoted from as you have not linked to it.

If you want to move directly back to the UK I suggest you read the pinned topic previously linked to.

If your intention is to move to another EEA state, either permanently or temporarily so you can then move back to the UK via Surinder Singh, then if you tell us which state it is we will be able to better advise you and point you to that state's official requirements.

You may also find Schengen Visa, FAQ when applying from Thailand helpful.

When you have read those two pinned topics, feel free to ask any questions you may still have.

BTW, the UK is not a member of the Schengen area, so wherever you got your quote from, it is extremely unlikely that it was originally written in English.

Edited March 9, 2015 by 7by7