ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

UK Spouse Visa & Residence card: form EEA2

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

Locked
willyhoops
Newly Registered
Posts: 10
Joined: Wed Sep 17, 2014 1:29 pm

UK Spouse Visa & Residence card: form EEA2

Post by willyhoops » Wed Sep 17, 2014 1:38 pm

HI,

I am the NON-EU spouse of a UK citizen living in the UK and holding a 2.5 spouse settlement visa issued about three months ago.

My visa does not have the magic words "Family Member of an EEA national" printed on it and consequently I have lots of problems traveling the EU.

Can I apply for a UK Residency Card/Stamp at this link: https://www.gov.uk/government/publicati ... -form-eea2

Or is this UK Residency Card/Stamp only for people who have Indefinite leave To Remain?

Thanks for your help, I have been unable to find the information anywhere on the internet.
Last edited by willyhoops on Wed Sep 17, 2014 3:25 pm, edited 1 time in total.

User avatar
Casa
Moderator
Posts: 25651
Joined: Wed Jul 23, 2008 2:32 pm

Re: UK Spouse Visa & Residence card: form EEA2

Post by Casa » Wed Sep 17, 2014 2:01 pm

The resident permit is only for those who are here under EEA regulations. You don't qualify as you are on UK rules route to settlement. You can't switch. If you want to travel to mainland Europe will you have to apply for a Schengen visa until you are granted British Citizenship.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

willyhoops
Newly Registered
Posts: 10
Joined: Wed Sep 17, 2014 1:29 pm

Re: UK Spouse Visa & Residence card: form EEA2

Post by willyhoops » Wed Sep 17, 2014 3:24 pm

Hi Cassa, that's a very quick reply and perfectly clear, so thanks very much.

I think you are saying this Residency Card has nothing to do with people who are married to UK Citizens and have Spouse Visas or Indefinite Leave to Remain, but is rather for the Spouse of Non-UK EU Citizens living with their partner in the UK.

But before I give up, are you 100% sure that's the case? Are you a real expert in this matter?

I don't want to switch routes or anything, I just want to be able to prove I am resident in the UK and married to an EU Spouse, which unfortunately the silly UK Spouse Visa does not do. And that means as you say I have to apply for Schengen Visas. And today I tried to apply for a one year French Schengen and they said I have to provide proof of travel and hotel booking for me and my spouse, and they won't give me one year anyway just a visa to cover the duration of my trip. That's such a nightmare, I am thinking of buying or renting a house in the EU to get some kind Residency Card. British Citizenship takes five years to ILR and then another year wait to Citizenship and then another six months, and in the last three years you can only be out of the country for 90 days a year max. It's so insane I doubt I will ever stick it out and even if I did by the time I got the passport they would probably have left the EU and cut themselves off.

Here is what I wrote to the French:

------------------------------------------------------------------------
To: Tlscontact
Date: 17 September 2014 13:56:07 BST
Subject: 4417062, Feedback or complaint issue

Dear TSL,

According to this EU web site:

http://europa.eu/youreurope/citizens/tr ... dex_en.htm

The Non-EU Spouse of an EU Citizen can ask for a VISA without showing travel documents just a marriage certificate and this is EU LAW.

Note for example the sample story as follows:
Thomas is Irish and lives in Belarus with his wife Delia, a Belarusian national. When they wanted to visit Thomas's mother, now living in Spain, they applied for an entry visa for Delia. She included their marriage certificate in the application, but the Spanish authorities also asked for proof of hotel accommodation in Spain and health insurance before they would issue the visa. However, when Delia pointed out that no such additional documents were required under EU law, the Spanish authorities apologised for their mistake and immediately issued her entry visa.

But today you turned me away saying this is not the case I have to provide full travel details showing flights and hotels booked for me an my spouse traveling together. So are you saying this EU web site is incorrect?
------------------------------------------------------------------------

And this is what they wrote back:

------------------------------------------------------------------------
From: Tlscontact <noreply@tlscontact.com>
Date: 17 September 2014 14:56:07 BST
Subject: Re: [gbLON2fr message] 4417062, Feedback or complaint issue

Dear Applicant

Please be informed the information regarding the documentaion requirements are provided by the Consulate-General ofr France. The Consulate updated the documentation list for all Spouse of EU Citizens as follows:

If your UK residency does not state "Family Member of an EEA national", you will need a visa to travel to France. In support of your application, the following documents will have to be produced:

- Evidence of the family link between the visa national and the EU/ EEA/ Swiss National
[eg bring you marriage certificate]

- Evidence of EU/ EEA/ Swiss Nationality
[eg bring the passport of your spouse]

- Evidence of stay in France of the EU/ EEA/ Swiss National
[eg return flights and hotels for the duration of your stay showing you and your spouse visiting France]

TLScontact is a outsourced company that accepts the documents on behalf of the Consulate-General of France.

Unfortunately if you do not meet the documentation requirements above for the Spouse of EU Citizen TLScontact can not accept your Schengen Visa application for this visa type.

Kind Regards
TLScontact Team
------------------------------------------------------------------------

The GOV.UK website it useless, it makes nothing clear at all.

Many Thanks

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 10:56 pm
Location: UK

Re: UK Spouse Visa & Residence card: form EEA2

Post by MPH80 » Wed Sep 17, 2014 6:25 pm

Casa is very much right - you cannot apply for the EEA2 residence card - it is only for non-EU spouses of non-British EU citizens (or British citizens who have spent time in another EU country exercising their treaty rights - e.g. working and have returned with their spouse).

When travelling with your spouse - you should be able to travel visa free as your spouse's right of free movement extends to you - however, this is not always recognised by border guards or airlines and there are stories of people being denied boarding and denied entries to countries based on it.

As such - the French will give a Schengen visa free if you intend to visit france. If you intend to visit another country you should apply with that appropriate country's consulate. Just apply with the required documents and you will have a response (in my experience) quickly and efficiently.

M.

willyhoops
Newly Registered
Posts: 10
Joined: Wed Sep 17, 2014 1:29 pm

Re: UK Spouse Visa & Residence card: form EEA2

Post by willyhoops » Wed Sep 17, 2014 7:09 pm

Thanks all clear then - this web site has been a great help- will recommend.

On your other point: I don't just want to go to France once, I want the freedom to travel everywhere in Europe whenever I want, I don't work and I like to travel. It used to be that the Spouse of an EU Citizen could get a one year multiple entry Schengen just with a marriage certificate, but now they are giving short stay visas and you have to provide travel documents. I have checked France, Italy, Spain, Germany and they are all saying a marriage certificate is not enough. I can book some flights and hotels, but I need one year multiple entry so I can travel freely, like in the USA you book one trip and they give you one year multiple entry. But since they are not offering m this, unless i book flights and hotels in advance across the year and then abandon them costing a fortune I am stuck. So I guess I should rent a place for a year in the EU and get a five year residency to run alongside my UK Visa. That's making the assumption UK immigration will not complain if I get residency elsewhere as well and refuse to review my visa in two years. The whole world is becoming as slavish as Britain, its tragic.

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 10:56 pm
Location: UK

Re: UK Spouse Visa & Residence card: form EEA2

Post by MPH80 » Wed Sep 17, 2014 8:31 pm

In 5 years you will have that freedom once you become a british citizen (assuming you go down that route).

Either develop a sense of patience and conduct your travel after that or plan more than 2 minutes in advance and apply for the free Schengen visa you're entitled to each time you travel.

Is it that bad to have to allow 15 days for a visa to be processed? https://www.tlscontact.com/gb2fr/login.php

User avatar
Casa
Moderator
Posts: 25651
Joined: Wed Jul 23, 2008 2:32 pm

Re: UK Spouse Visa & Residence card: form EEA2

Post by Casa » Wed Sep 17, 2014 9:08 pm

I'm not sure how you plan to take up residency in another EU state unless your wife moves with you and exercises her treaty rights there. If you choose to do this, as you suspected you won't qualify for an extension on your current visa at the end of the 2.5 year probationary period. If you later decide to return you would be back to square one and have to re-apply for a spouse visa or return under the Surinder Singh route, which has become tougher.
Perhaps you and your wife have made a poor choice in settling in the UK. Residency in one of the Schengen states would have given you greater freedom of movement between countries that are part of the Schengen agreement. As you know, the UK isn't one of them.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

ban.s
Moderator
Posts: 1981
Joined: Sat Jan 14, 2012 9:21 pm
Location: The Big Smoke

Re: UK Spouse Visa & Residence card: form EEA2

Post by ban.s » Wed Sep 17, 2014 9:10 pm

The french are probably the most liberal with schengen visas. I will be surprised if they issue you anything less than 1 year ..i expect you'll get longer duration visa.
One of my friend's spouse received 5 year schengen visa from the french consulate inspite of holding only 33 month duration UK spouse visa!

Hotel booking is not required. However you'll need to show travel details to prove you are travelling with the the EU citizen (and thus exercising free movement rights).

User avatar
Casa
Moderator
Posts: 25651
Joined: Wed Jul 23, 2008 2:32 pm

Re: UK Spouse Visa & Residence card: form EEA2

Post by Casa » Wed Sep 17, 2014 9:16 pm

To be clear here, there are frequently problems with applications submitted through the appointed agents TLS who are ignorant of the regulations. You have the right to apply direct with the embassy and the visa should be free of charge (without the TLS agency fee).
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Re: UK Spouse Visa & Residence card: form EEA2

Post by Wanderer » Wed Sep 17, 2014 9:26 pm

willyhoops wrote:So I guess I should rent a place for a year in the EU and get a five year residency to run alongside my UK Visa.
Can't be done, it's UK route or EU route, cannot combine.
Last edited by Wanderer on Wed Sep 17, 2014 9:34 pm, edited 1 time in total.
An chéad stad eile Stáisiún Uí Chonghaile....

User avatar
Casa
Moderator
Posts: 25651
Joined: Wed Jul 23, 2008 2:32 pm

Re: UK Spouse Visa & Residence card: form EEA2

Post by Casa » Wed Sep 17, 2014 9:30 pm

Spot on Wanderer!
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

willyhoops
Newly Registered
Posts: 10
Joined: Wed Sep 17, 2014 1:29 pm

Re: UK Spouse Visa & Residence card: form EEA2

Post by willyhoops » Thu Sep 18, 2014 4:09 am

@@@@Bans@@@@ You say "The french are probably the most liberal with schengen visas. I will be surprised if they issue you anything less than 1 year... Hotel booking is not required just plane/train/boat tickets in both names. "

That's not what TSLContact is saying, and the French Consulate have this on their web site: http://www.ambafrance-uk.org/Family-mem ... -Community
Family members of a Community National:
- Evidence of stay in France of the EU/ EEA/ or Swiss National (proof of travel and accommodation)

And TSLContact told me to get a fax or physical letter from the hotel in France confirming my visit not just an online booking print out. They said to stay with friends I need my friends to go to the Town Hall and get some official paper. I said I can't ask my friends to do that, and they said then you must book a hotel.

I am going to assume Bans you are out of date.

@@@@Wanderer@@@@ I don't see why you would be correct, in some countries you get lifetime residency automatically if you buy a house over a certain value, but that doesn't meant you spend more than a few days a year there, and you don't live mainly in the UK. So I can't see why I can't UK and EU residency, but I admit it's a risk because UK immigration is filled with slaves who would love to complain if you are resident somewhere else you can't be resident here as well so we won't extend you settlement visa hahaha. I could rent a cheap house in France for £3,000 a year and apply for a one year visa, but £3,000 a year a lot of money just to get a one year VISA, too much for me in fact.

@@@@Everyone else@@@@ What you are missing is how absurd all this is- I got a one year multiple entry VISA to the USA in two days with proof of address + £100k savings in a bank account + return flights to the USA three weeks apart + two nights in a New York Hotel printed out from an email, but nobody here can tell me how to get a one year multiple entry EU Visa for love nor money despite being married to an EU Spouse and living in the second largest EU country by GDP. That's completely and utterly stupid and you should be ashamed of yourselves and your countries!

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Re: UK Spouse Visa & Residence card: form EEA2

Post by Wanderer » Thu Sep 18, 2014 6:34 am

willyhoops wrote: @@@@Everyone else@@@@ What you are missing is how absurd all this is- I got a one year multiple entry VISA to the USA in two days with proof of address + £100k savings in a bank account + return flights to the USA three weeks apart + two nights in a New York Hotel printed out from an email, but nobody here can tell me how to get a one year multiple entry EU Visa for love nor money despite being married to an EU Spouse and living in the second largest EU country by GDP. That's completely and utterly stupid and you should be ashamed of yourselves and your countries!
Probably to keep out the rabble who think they can buy a visa?
An chéad stad eile Stáisiún Uí Chonghaile....

willyhoops
Newly Registered
Posts: 10
Joined: Wed Sep 17, 2014 1:29 pm

Re: UK Spouse Visa & Residence card: form EEA2

Post by willyhoops » Thu Sep 18, 2014 8:12 am

OK guys so I am doing an experiment.

I have just purchased a P&O Ferry day return foot passenger crossing for two adults to France for the grand total cost of £25, and I have made my TSLContact appointment for Tuesday next week. So I am going to give TSLContact our documents plus this day return boat ticket and ask for a one year multiple entry schengen visa. Obviously I am not going to book a hotel because it's a day return so they can't ask for that. But I will write on the application form that I am a great fan of day return shopping trips so please could they be sure to give me a one year multiple entry visa.

And if the French give me a one year Schengen in return for our £25 itinerary I will fly to Paris instead and enjoy a lavish lunch at the top of the Eiffel Tower. But if they give me a One Day Schengen Visa not only will I not go on my day return shopping trip, I will never buy of bottle of French Wine in my life again. I will let you know guys know what happens next week.

One question for all you immigration experts: Do you think it would help if I enclose a print out of my online broker account with quite a lot of money in it? Or would they just think I made it up in Photoshop? I can't get an original sent from my US broker to my UK address in time. Or would it make no difference to them anyway because they are just slaves ticking boxes and they have no box for financial resources on the eu spouse visa checklist? I often think of France as one of the least slavish countries in Europe, but I have never really had any contact with the French Government except for watching François Hollande fail economically.

PS: @@@@Wanderer@@@@ The super rich have solicitors to get visas or buy visas- nothing holds them back. The super poor spend all day getting visas or go illegal or asylum etc- nothing can stop them flooding in. The system fails for the people in the middle.

User avatar
Casa
Moderator
Posts: 25651
Joined: Wed Jul 23, 2008 2:32 pm

Re: UK Spouse Visa & Residence card: form EEA2

Post by Casa » Thu Sep 18, 2014 9:52 am

Ironic that we spend most of our time on the forum helping husbands and wives who are desperate to get into the UK and soon after arriving you can't wait to find a way out! :?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

ban.s
Moderator
Posts: 1981
Joined: Sat Jan 14, 2012 9:21 pm
Location: The Big Smoke

Re: UK Spouse Visa & Residence card: form EEA2

Post by ban.s » Thu Sep 18, 2014 10:42 am

willyhoops wrote:@@@@Bans@@@@ You say "The french are probably the most liberal with schengen visas. I will be surprised if they issue you anything less than 1 year... Hotel booking is not required just plane/train/boat tickets in both names. "

That's not what TSLContact is saying, and the French Consulate have this on their web site: http://www.ambafrance-uk.org/Family-mem ... -Community
Family members of a Community National:
- Evidence of stay in France of the EU/ EEA/ or Swiss National (proof of travel and accommodation)

And TSLContact told me to get a fax or physical letter from the hotel in France confirming my visit not just an online booking print out. They said to stay with friends I need my friends to go to the Town Hall and get some official paper. I said I can't ask my friends to do that, and they said then you must book a hotel.

I am going to assume Bans you are out of date.
You are free to assume as you wish but in this instance both TLS and Ambafrance are wrong. You can ask them to justify their requirements against EU Directive 2004/38/EC

Also see
What documents are required?
The right of entry of your third country family members is derived from their family ties with
you, an EU citizen. All the consular officials can ask for is their passport and a document
establishing their family ties with you, such as a marriage or birth certificate and proof
of dependence, where applicable. Your family members cannot be asked to present
documents such as travel tickets, employment certificate, pay slips, bank statements, proof
of accommodation
and means of subsistence or a medical certificate

Infact if you see the Schengen visa form - http://www.diplomatie.gouv.fr/en/IMG/pdf/visagb.pdf - taken from the french gov website, you'll notice Q34 - accommodation details - is not to be completed by the family members of the EU citizen.

so good luck with your application.

On a separate note, US B1/B2 visas are usually granted with 10 years validity - it's surprising you received only for 1 year.

willyhoops
Newly Registered
Posts: 10
Joined: Wed Sep 17, 2014 1:29 pm

Re: UK Spouse Visa & Residence card: form EEA2

Post by willyhoops » Thu Sep 18, 2014 10:55 am

I spoke to them and they said the days of just giving a marriage certificate are over. They said try other countries its the same, and I did and it is. Reading carefully I think perhaps I see it now: they are asking for proof that the EEA national (in this case the British spouse) is staying in France, not proof the Non-EEA national is going to France. So perhaps that's how they are "getting around" the directive.

Regarding the US B1/B2 Visa--- I didn't know you can get up to ten years. I looked it up, it depends on which country you applied from. Eg China is 1 year multiple entry, Austria is 10 years multiple entry. How much better is that than the silly UK & EU???? Can you imagine the UK issuing a 10 year multiple entry visa to tourists as a matter of course? Of course not, I applied for a two year family visitor before the settlement visa, it cost a fortune and despite showing them a house and lots of saving they turned me down for some nonsense reason that they could have called my by phone to verify. What a joke the UK is!
Last edited by willyhoops on Thu Sep 18, 2014 12:41 pm, edited 4 times in total.

ban.s
Moderator
Posts: 1981
Joined: Sat Jan 14, 2012 9:21 pm
Location: The Big Smoke

Re: UK Spouse Visa & Residence card: form EEA2

Post by ban.s » Thu Sep 18, 2014 11:04 am

there are two ways you can exercise free movement rights

1) you want join your EU spouse who is residing in EU/Schengen area - just show your spouse is living in the schengen area and you'll be joining them

2) you are travelling with your EU spouse from outside schengen area to the schengen area - you need to show proof to travel to confirm that you are indeed travelling together.

in none of these cases you need to show any hotel booking or proof of accommodation.

TLS can say whatever they wish. They are just document handling agency and have no decision making authority.

willyhoops
Newly Registered
Posts: 10
Joined: Wed Sep 17, 2014 1:29 pm

Re: UK Spouse Visa & Residence card: form EEA2

Post by willyhoops » Thu Sep 18, 2014 11:17 am

This is what the Spanish say:

http://es.vfsglobal.co.uk/london/eea_do ... uired.html
HOME > ALL ABOUT YOUR VISAS > Short term > EEA/EU Spouse > DOCUMENTS REQUIRED
Proof of joint travel to Spain (i.e. confirmed, paid tickets to travel to Spain both for the applicant and the EU/EEA national), or of the intention to join the EU/EEA national who already is in Spain, ie proof of joint accommodation.

So in Spain's case the interpretation of the EU Directive is more rational- you don't need to prove your accommodation unless you can't prove you're traveling together. Still it's not the good old days of going to the Consulate together and showing your passport and marriage certificates and you're done.

TSLContact told me their rules changed in Feb 2014. Up to that time there was no need for proof of travel and accommodation, now they do not accept applications without it. I do think it's disgraceful to ask for proof of accommodation, and I think it's especially disgraceful to ask for letters from the hotel rather than just online booking forms.

ban.s
Moderator
Posts: 1981
Joined: Sat Jan 14, 2012 9:21 pm
Location: The Big Smoke

Re: UK Spouse Visa & Residence card: form EEA2

Post by ban.s » Thu Sep 18, 2014 12:37 pm

online paid bookings are perfectly fine and accepted. there are certain websites that offer booking without any payment. these websites are not always recognised - just to deter visa-shopping.
if TLS are proving to be too inflexible, you can apply directly at the french embassy.
you may have to wait to get an appointment slot but they must provide you option to submit direct application as per article 17(5) of the visa code.
just be firm and don't hesitate to escalate to higher authorities if you believe TLS or embassy officials are not following the rule.

willyhoops
Newly Registered
Posts: 10
Joined: Wed Sep 17, 2014 1:29 pm

Re: UK Spouse Visa & Residence card: form EEA2

Post by willyhoops » Wed Nov 05, 2014 8:04 pm

Between the French embassy and Tsl contact my application refrence was mixed up and my passport was mislaid and i only just got it back, i got a three month visa with 30 days maximum stay. God i hate France.

willyhoops
Newly Registered
Posts: 10
Joined: Wed Sep 17, 2014 1:29 pm

Re: UK Spouse Visa & Residence card: form EEA2

Post by willyhoops » Thu Nov 06, 2014 6:05 am

Does anyone have any advice on how to get a year, two or three year schengen with 90 day stays? i am married to EU spouse, i have a million eurous plus in my bank, but how the f*ck do i get a proper visa? now that i have a godforsaken uk visa i can't get residency in the eu, but at the same time i am retired abd travel all the time, spending my time in the UK, EU and North America. I am never going to France afaig, now I need to start again applying to a new EU country.

atusagita
Newly Registered
Posts: 3
Joined: Thu Nov 27, 2014 9:14 am

Re: UK Spouse Visa & Residence card: form EEA2

Post by atusagita » Thu Nov 27, 2014 2:04 pm

Hi,

Once Visa is granted, is there any experience that if the Non-EU can be travelling alone (for the first trip, or the following trips)?

Thanks in advance.

atusagita
Newly Registered
Posts: 3
Joined: Thu Nov 27, 2014 9:14 am

Re: UK Spouse Visa & Residence card: form EEA2

Post by atusagita » Thu Nov 27, 2014 2:07 pm

Hi,

Once Visa is granted, is there any experience that if the Non-EU can be travelling alone (for the first trip, or the following trips)?

Thanks in advance.

hansol
Newly Registered
Posts: 1
Joined: Mon Apr 11, 2016 9:15 pm

Re: UK Spouse Visa & Residence card: form EEA2

Post by hansol » Mon Apr 11, 2016 9:34 pm

Hi Willyhoops and contributors.

I have read this forum with great interest. When I read your first post I actually thought my wife had started this thread without mentioning to me - such is the similarity with our situation/experiences.

I am a British Citizen, born and bred. My wife (for 18 months) is non-EU. But our much maligned immigration system has made our lives extremely challenging over the last decade since we met at University, including a number of years long distance due immigrations rules.

Now, like you, with the spouse visa in our hands we face the constant burden of applying for Schengen Visas, paying fees and many many hours of head scratching.

I was wondering if you have had any luck finding a route through the shengen visa process to getting a 12 month multiple entry visa?

One scenario I was considering was booking flights and accommodation for two short city breaks to Europe say 11 months apart and requesting a 12 month multiple entry visa. Does anyone have any experience of how this would be handled?

I would love to be able to enjoy freedom and spontaneity; whisk my wife away to Paris one day! Isn't it sad that so many British Citizens cannot enjoy such a simple luxury.

Locked
cron