Visa Problems & Solutions (UK and Europe/Schengen)
Posted: Sat Mar 26, 2016 9:25 am
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
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