Is my foreign wife having her own money a good or bad thing

[tebee]

I'm in the middle of trying to bring first my my Thai stepson and then my wife into France under EEA regulations. Now I have been illegally asked questions about my income and as I'm self employed and my income fluctuates wildly depending how sales have gone that month .

Now my dear wife, unlike most Thai brides, is sort of independently wealthy. Not incredibly rich, but she is a Dr and owns several houses which she rents out.

She is suggesting that I tell the French authorities that she has her own money but I am not sure whether this is an advantage or disadvantage.

Isn't part of the reason that she can come over here that she is my dependant? Her having her own money means that she isn't. So would this make things easier or harder - what do you think ?

[EUsmileWEallsmile]

I'm in the middle of trying to bring first my my Thai stepson and then my wife into France under EEA regulations. Now I have been illegally asked questions about my income and as I'm self employed and my income fluctuates wildly depending how sales have gone that month .

Now my dear wife, unlike most Thai brides, is sort of independently wealthy. Not incredibly rich, but she is a Dr and owns several houses which she rents out.

She is suggesting that I tell the French authorities that she has her own money but I am not sure whether this is an advantage or disadvantage.

Isn't part of the reason that she can come over here that she is my dependant? Her having her own money means that she isn't. So would this make things easier or harder - what do you think ?

It will make no difference whatsoever. You exercise treaty rights, then she would get derived rights of residence. Dependency or otherwise does not come into it for spouses.

[bluecole2]

Your spouse's account balance is irrelevant and should not be submitted for an eea app. She'll derive her right from you (EU citizen) as 'EUsmileWEallsmile' said above. You are the one that need to provide proof that you're exercising treaty right.

[tebee]

Yes thanks, I appreciate she has an absolute right to come here and am pleased to hear it does not depend on her being my dependant.

The slight fly in the ointment is that we are being asked questions about my income. OK if they deny her or her son on grounds of my income I have a valid reason to complain to the EU and get them to change, but this all takes time and effort.

So if we take the easy way out and give them the income data they want does her income make any difference ?

[EUsmileWEallsmile]

Yes thanks, I appreciate she has an absolute right to come here and am pleased to hear it does not depend on her being my dependant.

The slight fly in the ointment is that we are being asked questions about my income. OK if they deny her or her son on grounds of my income I have a valid reason to complain to the EU and get them to change, but this all takes time and effort.

So if we take the easy way out and give them the income data they want does her income make any difference ?

The short answer is that I don't know what the French authorities would do. I would be inclined to think that your wife's income could complicate matters.

You've been in France for some time; you suggested that you may qualify for PR. Presumably you haven't been a burden on their social security. I don't see why your income would not suffice. Perhaps what they may really be asking for is evidence that you're self employed and that it's genuine and effective.

[tebee]

I've been in France since 2003 and not returned to UK since 2005 though I have spent several chunks of the last two years in Thailand.

Unfortunately some 6 years ago my partner at the time was running a business that had to close precipitately when the ceilings collapsed in the premises we were renting.

Although I was not officially part of the business, I was working in it and had invested a considerable amount of money in it. The resulting court cases ( us vs our landlord, him vs us and our staff vs us) took over 4 years to resolve and I had to resort to state support(RMI) as my capital was tied up. The stress of all this also caused our relationship to break up.

It's only the last couple of years that I've been able to restart my life and my (different) business and support myself and now, as well, the wonderful woman I married last year.

So my (self)-employment history is not as rosy as I would like, still not sure if any of this would count against me as, as you have said, I should have an absolute right to bring her here.

Tom