freedom of movement EU spouse

[enslavement]

I am an Indian citizen and my wife is a British citizen living in the UK and I am living in India. I was recently refused UK spouse visa. We are now thinking of getting an EU short stay visa under accompanying EU spouse category in France. Can I make an application while my wife is in the UK and once I get the visa my wife will travel to India and from there we'll go to France together. Desperately needed help on this and as much info as possible. Alternatively, any other categories I can opt for instead of the one we are thinking. Any help is greatly appreciated. Thanks in advance

Also we did lodge an appeal against the refusal to which the hearing date was given after 19 weeks but they gave us a date after 23 weeks but unfortunately it was also refused.
As a result of this we were apart for approximately 2 years. We thought this is our best option but don't really know if we can apply while my wife is in the UK. But we'll be travelling from India together if given a visa. Thanks again

[CR001]

Is it for a holiday to France?

[enslavement]

Actually to join my wife in any EU country. But then I believe I have to get a short stay visa under family of EU citizen and then I'll have a 2 months to apply for a residence permit.

So it's actually a short stay visit visa accompanying or joining EU spouse. I am not sure which category I should apply for and that's the reason I am asking for help. Thanks

[CR001]

Are you planning to use the EU route to gain entry into the UK via Surinder Singh? Do you know that the rules changed and it has become harder to use this route for entry to the UK?

It would make sense if your wife moves to France and once there, you apply for a visa to join her in France.

[enslavement]

What if we provide travel itinerary and hotel bookings for both us together and apply for short stay visa to accompany my wife who is a British citizen. Is it the accelerated process to get the visa. And both of us will be travelling together from India. I believe once I get residence permit in France or any other EU country then I can atleast get into the UK. Please correct me if I am wrong. I had a bad deal with our solicitor who advised me to go back to india to apply for UK spouse visa. Now I am stuck here apart from my wife. It's very hard for us. Thanks for any advise.

[ban.s]

I believe once I get residence permit in France or any other EU country then I can atleast get into the UK. Please correct me if I am wrong.

As mentioned by Char in the previous post using EU route (Surinder Singh) to gain entry into UK has become much harder now. Also your wife doesn't even live in France/EU so in current situation you'll find difficulty in using the EU route.

However travel to France or any other country in the EU with your wife will not be any issue. You just need to provide proof of relationship, her passport and tickets confirming you'd be travelling together.

[enslavement]

Thanks for your valuable advice @ban.s, that's the idea. Once I am able to travel to france or any other EU country, I will set up a small business and run it for a 3-4 months before returning to the UK with my wife and also during this time my wife will be living with me in any of the EU country we choose to live in. Will it suffice or would I have to spend more time doing business or work.
And also could anyone tell me please if can make this application from India while my wife is in the UK and once I get the visa she'll then come to India and we'll then travel together to the EU country we've applied for.
And what is the visa category I need to apply for.

Thanks again for taking time out for helping us in the difficult time. I'll remember all your for ever and if given an opportunity I shall do the same. Thank you

[enslavement]

In the earlier post I said about starting business I actually meant starting a small business in my wife's name and running it for 3-4 months. Thanks

[CR001]

The rule changes to the Surinder Singh route changed in January 2014 and therefore makes it harder for British Citizens to bring their spouse after spending 3 months in an EU country.

The requirement now is that you have to show that you have moved the 'centre of your life' to the EU country and I would imagine the minimum time period required now would be in excess of 12 months. Someone posted recently in the EEA Route section about a refusal after more than 9 months (I think) of exercising treaty rights in another EU country.

http://www.immigrationboards.com/eea-ro ... 52660.html

Also, as already mentioned by a member above, your wife should be living in France already if you want to use this route to apply for a visa.

The thread below might be of interest to you too

http://www.immigrationboards.com/eea-ro ... 54785.html