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What visa route should I take?

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simonandnew
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What visa route should I take?

Post by simonandnew » Tue Nov 22, 2011 9:55 am

I am British and my wife is Thai. We have been married for 5 years and have 2 kids. We have been living in Thailand for 5 years and we want to move back to the UK.

Concerned that my wife might get rejected for some reason for the settlement visa and the consequential loss of money we thought we'd start by applying for a 6 months 'Family Visitor' visa but my wife's application was refused because they felt she couldn't financially support herself during her stay.

So, now I'm confused. As a British citizen am I unable to bring my wife and kids to the UK under any circumstances? Maybe my wife should have applied for some other type of visa?

About 3 years ago she applied for a 'Family Permit' for France and this was granted almost automatically. Can she apply for a family permit for the UK?

Or absurd as it may seem, does it mean that we have to live in France and not England?

Any help would be greatly appreciated.

Jambo
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Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Tue Nov 22, 2011 10:26 am

You have posted in the EEA forum. A more suitable place for your case in the Family immigration forum.

To be able to enjoy from EEA regulations, you must have lived in the EU before moving back to the UK.

A spouse visa should be the correct route to take. Why do you think it will get rejected?

vinny
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Post by vinny » Tue Nov 22, 2011 10:39 am

Topic moved.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: What visa route should I take?

Post by vinny » Tue Nov 22, 2011 10:42 am

simonandnew wrote:Or absurd as it may seem, does it mean that we have to live in France and not England?
Unfortunately.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Greenie
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Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Re: What visa route should I take?

Post by Greenie » Tue Nov 22, 2011 10:59 am

vinny wrote:
simonandnew wrote:Or absurd as it may seem, does it mean that we have to live in France and not England?
Unfortunately.
I think this answer is a bit confusing. It is not that the OP and his wife have to live in France and not England, but rather, if they want to take advantage of the EEA route, they would need to live in an EEA country first before relocating to the UK.

However the OP's wife does have the option of applying for a spouse visa under the immigration rules.

Simonandnew - see guidance

simonandnew
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Posts: 4
Joined: Tue Nov 22, 2011 9:42 am

Post by simonandnew » Tue Nov 22, 2011 11:35 am

I have lived most of my life in the UK. I've just spent the last 5 years out of the UK. So, which route should I follow:

1) Spouse Visa
2) Family Permit

Jambo
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Post by Jambo » Tue Nov 22, 2011 1:25 pm

If you want to move from Thailand to the UK, then only the spouse route is available.
To qualify for a EEA Family Permit, you first need to move and live somewhere in the EU and work there. After several months, you can apply for EEA Family Permit to move back to the UK.

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