Status of Spouse of a British citizen in Europe

[User]

Hi

I will be getting myself naturalised in few months. My wife is in the UK on a settlement visa (marriage visa for 2 years) in the UK. I take it that she can live and work (without any restrictions) in the UK in this marraige visa.

Once i get myself naturalised as a british citizem i can live and work without any restriction in the rest of the Europe. While my wife is still holding our native country citizenship with a marriage visa in the UK, what is her eligibility to live and work in the rest of the Europe as my spouse?

The trouble i see is, while I can travel to the rest of the Europe for work, she will have to apply for a tourist visa only everytime, in order to travel with me.

So i cannot practically travel to the Europe without her until she gets her British citizenship in couple of years from now - since she will have to apply for a toruist visa every time i want her to travel with me to the european countries. Also i am not sure how long she can successfully keep getting tourist visas... this is really a pain - so in fact i am now thinking of taking back my british citizenship application, because it looks like it might be more pain than any good in having a UK citizenship, because my wife cannot travel with me everytime i need to travel to Europe, and hence I will have to leave her behind in the UK everytime.

Maybe my understanding is wrong... please help with any information on the above.

Is there any kind of EU permit that she can apply for (once i get my UK citizenship) so she can travel with me to the Europe when i do?

Ta!

regards.

[John]

User, I think you need to think seriously about this, that is, moving to Europe before your wife gets her own British passport?

Yes, once you have your British passport you have a right to live and work in any other EEA country. Also, your non-EEA spouse will also have the same rights but needs an EEA Family Permit in her passport in order to prove that. Assuming you are exercising your treaty rights such a Permit will be easy to obtain and will be issued free of charge.

However if your wife spends too much time outside the UK she will not be able to get her own naturalisation as British. Accordingly you might conclude that it is better to delay the move to Europe until she has obtained that.

When did your wife first arrived in the UK? How long is she into the two-year period of the spouse visa?

Don't overlook that once you have your naturalisation ... your wife will be married to a British Citizen! Accordingly, for her, we are looking at a qualification period of only three years, compared to the five years that presumably applied to you.

I take it that she can live and work (without any restrictions) in the UK in this marriage visa.

That is correct. Except, as stated on the visa, there is the "No recourse to Public Funds" restriction.

[User]

Cheers John. My plan is not to move out of UK for a long time (if at all i do after a long time, it will only be back to our native country and that plan is not for another several years).

My plan to travel to other european countries is for short term assignments like contract work for say 2 or 3 months once in a while - maybe say 2 months of work in a period of 2 yeras or so.

And occassionaly i want to travel with my wife to other europeean countries for tour (pleasure trips) - say 1 week or so once in a while.

That is all my plan is for outiside the UK.

What do you suggest i do?

My wife just came to UK this month and is starting her 2 years visa from this month.

We just got married last month.

And reagarding this:

"That is correct. Except, as stated on the visa, there is the "No recourse to Public Funds" restriction."

Yes. Absolutely! By god's grace i have earned (and continuing to earn)enough money that will last for several years to come, for us.
I have never had a need in the past (more than 5 years) and also "we" will never need any of those UK public funds for our life time

All that i expect from UK, is the oppurtunity to live and work peacefully and me contributing back to the country, nothing else! , which i get in abundance

Can you give me some pointers to this EEA family permit that she can apply as my spouse (once i get myself naturalised).

Ta!

[John]

We don't expect to use UK public funds for our life time

Maybe, or maybe not? Remember Child Benefit is within the definition of Public Funds. You personally would be totally entitled to be the claimant for that, given that you have ILR at the moment and might have a British passport in future.

Travel to Europe? Should not be a problem as long as you take account of the fact that in the three-year qualifying period that your wife should not be outside the UK for more than 270 days, nor outside the UK for more than 90 days in the last year. OK, there is a bit of leeway on those numbers, but not a lot.

Taking that into account, if you are living and working in another EEA country then your wife would be entitled to get an EEA Family Permit in order for her to accompany you. Are we talking about a Schengen area country? Don't overlook that once inside the Schengen area there is total ability to move from country to country, so you might be able to get away with using the EEA Family Permit for that purpose. Otherwise a standard Schengen visa will need to be obtained. Once you are a British Citizen such Schengen visas for your wife will be issued for free.

[User]

Cheers John.

So once i get naturalised, where should I go to get this family permit?

All pointers are pointing to getting EEA permit to travel "to" UK, nothing is talking about travelling to other european countries by spouse of UK citizens and where to apply for this permit.

Any pointers will help.

So once she gets a EEA permit, she will be able to travel with me irrespective of my purpose of travel (i.e. business, pleasure, etc.)?

Ta!

[John]

An EEA Family Permit could be issued by any EEA country. I suspect you are reading about UK-issued EEA Family Permits, giving the right to live and work in the UK. But not relevant to your wife.

Where to apply? The relevant Embassy/Consulate! For example if it is in France that you are working it is to the French Consulate that the application would be made. The same would apply if you merely wanted a Schengen visa for your wife.

she will be able to travel with me irrespective of my purpose of travel (i.e. business, pleasure, etc.)?

I suspect that there would not be a problem going into the issuing country. Are they going to ask ... why are you here? Also, once inside the Schengen area there are not checks when moving from one country to another. For example, if say France issues an EEA Family Permit, and then the two of you want to go from France to visit say Norway or Iceland, the passport might be used as ID to check in but there would be no immigration-style checks either on leaving France or arriving in Norway or Iceland.

My wife and step-daughter never had EEA Family Permits (they are now British) but on two separate occasions obtained French-issued Schengen visas. Those visas were both first used to enter France on holiday. However, after that, the same visas were used to go elsewhere. For example, after visiting France and then returning to the UK, those French-issued Schengen visas were also used to go to Lanzarote in the Canary Islands for a holiday.

[User]

Cheers John. Thanks for the good amount of information

Ta!

[Kayalami]

User,

Based on the information you provide your work pattern IMHO would not count as exercising a treaty right in a defined EEA member state. Consequencly your spouse would have no derivative rights under treaty laws to accompany you to the relevant member state on a family permit which in any case is member state specific.

Hence to accompany you, she would require a visitor visa - where this is for a schengen territory then (if multiple entry) would facilitate short term visits across those states signatories to the agreement.