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Visa Problems & Solutions (UK and Europe/Schengen)

Posted: Sat Mar 26, 2016 9:25 am
by Mister
Are you an EU Citizen? Has your partner been refused a visitor visa?

After several attempts at getting my non-EU partner a visitor visa – and failing – I recently came across the Free Movement Directive (2004/38/EC) which applies to all EU Member Citizens, and in turn, family members regardless of their nationality, financial status or English ability.

Basically, one has to move to an EU member state (other than their own) to exercise one of the four treaty rights:

1. work as an employee,
2. work self-employed,
3. study,
4. self-sufficient or retired.

To do this, your non-EU partner may need a visa (Schengen C visa). This should not be a problem as in the directive it clearly states "Such visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure."

After 3 months (sometimes a bit longer), the non-EU family member is eligible to apply for a residence card of an EU national family member.

After you get the family card you can return to your own country hassle free.

I'm quite happy in Cambodia, the mrs and I are both working, and we have no intentions of moving, but it is good to know there are options available for people that don’t (and most likely won't ever) meet the financial requirements for a spouse visa (currently set at GBP 18,600 for the UK).

More information available at: http://europa.eu/youreurope/citizens/re ... dex_en.htm

Cheers

Re: Visa Problems (UK and Europe)

Posted: Sat Mar 26, 2016 10:57 am
by TheGrinchSR
Because there's nothing that says; "state benefits" more than a couple who cannot support themselves... and 18K a year in the UK is barely enough to support one person, living in Hull.

Re: Visa Problems & Solutions (UK and Europe/Schengen)

Posted: Sat Mar 26, 2016 11:04 am
by Anchor Moy
Presume that this will no longer be valid if the UK leaves the EU ?

Re: Visa Problems & Solutions (UK and Europe/Schengen)

Posted: Sat Mar 26, 2016 11:24 am
by Mister
Currently 43% of the British population earn below the GBP 18,600 requirement.

That said, I have no intention of returning to the UK to work or to claim any kind of benefits. I would however like for my partner of six years to somehow meet my parents - someday - and this way looks to be within our scope.

Surely this is a reasonable wish, TheGrinchSR?

It would be very difficult to say what may happen if the UK leaves the EU - they will most likely have a special deal for UK citizens abroad, similar to the new special status the UK has within the EU (since the 2016 February Council).

Re: Visa Problems & Solutions (UK and Europe/Schengen)

Posted: Sat Mar 26, 2016 12:03 pm
by SinnSisamouth
if you have a shengen visa it does not entitle you to enter the uk

its like getting a visa for canada and trying to enter the usa

Re: Visa Problems & Solutions (UK and Europe/Schengen)

Posted: Sat Mar 26, 2016 12:15 pm
by Mister
if you have a shengen visa it does not entitle you to enter the uk

its like getting a visa for canada and trying to enter the usa
Yes, but you will need a Schengen visa to stay in the host country in the EU.

Then, after you apply for (and get) the family card mentioned above, you can enter the UK easily.

This would be ideal for people like myself who really just want to be able to visit the UK if/when needed.

Of course to take this route it would mean relocating to live in an EU Member State.

Re: Visa Problems & Solutions (UK and Europe/Schengen)

Posted: Sat Mar 26, 2016 12:20 pm
by SinnSisamouth
you will get to the uk and say "oh shit,thars why I left!"

Re: Visa Problems & Solutions (UK and Europe/Schengen)

Posted: Sat Mar 26, 2016 12:31 pm
by Anchor Moy
Might be easier and cheaper to fly your UK family out to Cambodia for a visit ?

Re: Visa Problems & Solutions (UK and Europe/Schengen)

Posted: Sat Mar 26, 2016 12:54 pm
by Mister
you will get to the uk and say "oh shit,thars why I left!"
This is highly likely, SinnSisamouth! I couldn't imagine living there again tbh! Someday I would like to live just close enough (perhaps Ireland) to visit if/when needed. I'm sure this is something others in my situation would be more than willing to consider if they knew about the options.
Might be easier and cheaper to fly your UK family out to Cambodia for a visit ?
My father has chronic kidney disease and has dialysis two/three times p/week so unfortunately travelling isn't really an option for the old pair.

Re: Visa Problems & Solutions (UK and Europe/Schengen)

Posted: Sat Mar 26, 2016 1:52 pm
by TheGrinchSR
Mister wrote:Currently 43% of the British population earn below the GBP 18,600 requirement.

That said, I have no intention of returning to the UK to work or to claim any kind of benefits. I would however like for my partner of six years to somehow meet my parents - someday - and this way looks to be within our scope.

Surely this is a reasonable wish, TheGrinchSR?

It would be very difficult to say what may happen if the UK leaves the EU - they will most likely have a special deal for UK citizens abroad, similar to the new special status the UK has within the EU (since the 2016 February Council).
This isn't a means of obtaining a fucking tourist visa. It's a means of moving your spouse (not partner, spouse) to the UK permanently. The whole process takes the best part of 12 months living in the EU to accomplish that freedom of movement to visit the UK. It is a dodge to enable people who cannot support themselves and their spouses to get back into the UK, to live, where they will almost certainly have to live on benefits because they do not earn enough.