Uk residence permit and ILR

[Gav]

Hi

I am a uk citizen from birth and my wife obtained indefinite leave to remain in the uk back in 2009 (she is chinese) together with her son. Type of permit: settlement.

The problem is that whenever we want to travel within Europe it is very difficult as we need to obtain a visa and means we can't go anywhere at short notice.

My question is whether we are able to also get a residence permit for family member of an eea national, which generally then means as long as we travel together then she doesn't require a visa. If we are able to, would this effect the ilr?

Any help anyone can provide would be really appreciated.

Thanks

[EUsmileWEallsmile]

There is a difference between residency based on domestic immigration rules (as is the case for your wife) and the EU freedom of movement rules. Your wife does not have residency based on the EU freedom of movement rules and so her ILR does not work in lieu of a visa. Also as the UK is not in Schengen, her ILR won't be recognised by Schengen countries.

She should, however, be able to get a free-facilitated visa from any EU state to travel with you.

Has she considered applying for UK citizenship?

[Gav]

Thanks very much for your response.

We didn't want to go for uk citizenship as china doesn't allow dual citizenship. it seems crazy to have to give up Chinese passport just for ease of travel.

What is a free facilitated visa, and how would we go about getting this?

Thanks again for your help.

[EUsmileWEallsmile]

OK, I understand why you don't want her to lose her citizenship of birth.

Have you read directive 2004/38/EC, see article 5.

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

Also look at this website

http://europa.eu/youreurope/citizens/tr ... dex_en.htm

Now you know your rights to free movement, don't be fobbed off by an EU embassy telling you that you need to pay for a visa.

[Gav]

Thanks again.

Am I therefore right in saying that we should in theory obtain a visa (tourist?) from the relevant embassy (eg Spanish) prior to travel, and that this should be free of charge? If so, provided we have the right documents, is this issued immediately?

As an alternative, are we able to travel without a visa to another eu country and then just provide the proof of family member to the customs officer at the port of entry?

Sorry for all the questions!

[EUsmileWEallsmile]

Thanks again.

Am I therefore right in saying that we should in theory obtain a visa (tourist?) from the relevant embassy (eg Spanish) prior to travel, and that this should be free of charge? If so, provided we have the right documents, is this issued immediately?

As an alternative, are we able to travel without a visa to another eu country and then just provide the proof of family member to the customs officer at the port of entry?

Sorry for all the questions!

No, your questions are fine.

Firstly, if your wife attempts to fly to Spain without a visa, the airline is likely to deny her boarding. If however, she gets to a border with you and you can demonstrate that you are married, she would be permitted entry. You may note that it is possible to arrive at the French or Belgian border without flying (Eurostar), but flying without a visa would be difficult.

Now for the visa (it would be a short term entry, effectively a tourist visa). Most of the EU embassies' websites have special information for spouses of EU citizens. The visa does not have to be issued immediately, but should be given priority and will be free. Some member states are better than others. Others have posted that Spain is particularly bureaucratic whilst the Germans appear to be very helpful.

[Directive/2004/38/EC]

The Spanish embassy staff in London seem especially rude to most applicants, and do not seem to really understand the law (I am trying to be polite here).

As mentioned, the Germans are good, and you can apply for the visa by post. And Germany is a lovely place to visit!

In case you do not have a visa, see http://eumovement.wordpress.com/2010/08 ... to-travel/

[Gav]

Thanks to all for very helpful comments.

Having now reviewed options it seems that some countries are more helpful than others. Poland doesn't even require a visa for this situation, which is great. France/Spain though seem more difficult and bureaucratic and therefore require visas.

Basically it seems the normal shengen visa application needs to be completed, however details of flight itinery and confirmed hotel bookings will not be required under eu law even though these are requested on the visa application - is this correct?

I'm still not sure of turnaround times for these facilitated visas, so anyone with experience with obtaining these for other European countries I would love to hear.

Thanks again!

[EUsmileWEallsmile]

Basically it seems the normal shengen visa application needs to be completed, however details of flight itinery and confirmed hotel bookings will not be required under eu law even though these are requested on the visa application - is this correct?

An itinerary is not strictly required for the entry visa, but as the Schengen rules state that one must apply to the state (or its nominated deputee) where one will primarily visit (or of first entry if this cannot be determined), they ask it anyway. Silly situation, prove that you're coming to out country so we will deal with your visa, but don't book firm travel arrangements in case your visa is denied!

Anyway, review this thread

http://www.immigrationboards.com/viewtopic.php?t=95372