British + Russian wife visiting UK - visa required?

[nrubdarb]

Hi Folks,

Does anyone know if the Directive 2004/38/EC can be used to avoid having to get a visa to travel to visit the UK with a non-EEA spouse?

I am a British citizen, have been in Germany 8 years and my wife 3 years. She is Russian with a work permit/residency permit in Germany (curerntly still her Schengen student visa) and I have a UK passport.

I read on the Directive 2004/38/EC thread that it might be possible to avoid having to get a visa at all.

Is this true?

(We won't be able to get a visa if it is not true, since with the introduction of VACs, we are too far away from any of them for it to be worth travelling.)

[vinny]

See also Visiting the UK with 4EUFam card.

[nrubdarb]

Hi Vinny,

Thanks for the heads up!

I, to, will be pursuing this with the authorities.

There's no way we're going to a VAC to get a visa .. um, I mean family permit.

Here's hoping the UK is forced to toe the line!

Cheers,


Ed

[Mr Rusty]

nrubdarb,

The situation you are confronting has existed for a while. I may be wrong, but I doubt whether the British Government is going to roll over just because of a letter or phone call from you. You may feel you are the one to take them on, but unless you are wealthy and/or can stand the wait for court proceedings, you are in for a lot of grief.

Face up to the following:
1. Your wife needs a visa to travel to the UK. However "right" you think you are, she is likely to be refused boarding by any ferry company or airline. They won't take the risk of carrying her because they could be fined if she arrives without a visa.

2. The official advice relating to non-EEA family members is that they should have the Permit, otherwise they may be refused entry. However, the instructions to IOs do say that no family member should be refused without being given the opportunity to demonstrate that they are a bona fide family member. But see 1. above - Catch22.

3. It's just possible that you could succeed by presenting yourselves at somewhere like Calais, where the UK Border Control is on the French side of the Channel. But be prepared for a delay while they sort it out.

The simplest way is to bite the bullet, apply online in Germany and then go and get the FP there.

[nrubdarb]

Hi Mr Rusty!

I appreciate your comments, but there is no way we are going to travel 600 km (our nearest application center is Berlin) with the time and money expense involved just to get a permit to visit Britain for 3 days. Every six months.

And I am certainly not going to take them to court. If my enquiries (to Solvit, e.g.) prove fruitless then so be it.

The UK has made it pretty clear to us that my wife is not a desirable visitor. OK, fine: we also have no pressing need to visit the UK.

There are plenty of other countries - including our new home of Germany - who are only too pleased to have our taxes, skills and other contributions to society.

Ok, sounds a little overdone, I know.

But I merely wanted to point out that the simplest way to solve this situation is to avoid visiting the UK entirely.

If we want to see friends and family, we can just meet up in France or Ireland.

Cheers,


Ed