Arriving at Dover without a visa - What next ?

[Graham Weifang]

Hello all,

I am currently living in China with my Chinese wife.
Known each other for almost 4 years, and living together in China for 3 years.
We have no children.
This year we plan a European holiday for a few months, starting in Paris.
We will get a Shengen visa from the French in Beijing prior.
We may decide to drive from France to UK, by taking the ferry from Calais or Dunkirk, to Dover.
Assuming we have our regular passports, and our marriage certificates, of which the originals are already in English. We will also have various documents, and photographs of a subsisting marriage.
My mother and brother, who my wife has already met on a previous tourist visa to UK, will be waiting in the arrivals hall for us. They will also be in the photographs we will carry to show prior meetings.
This page says If you travel to the UK without a visa, you should bring them with you so that you can show them to our officers at the border.

Will there be a big problem?

vette

[Greenie]

Yes there will be a problem since your wife is a visa national and therefore cannot travel to the UK as a visitor without a visa. That sentence on the ukba website is for the benefit of non visa nationals. Your wife should apply for a family visit visa.

[wiggsy]

Graham,

As your a BC, this route isnt open directly to yourself... unless you approach the EEA route (Ireland / France ETC)

but note: UK's interpretation of EEA route is very different - stating you must live together ETC ETC ETC.

[Greenie]

Graham,

As your a BC, this route isnt open directly to yourself... unless you approach the EEA route (Ireland / France ETC)

but note: UK's interpretation of EEA route is very different - stating you must live together ETC ETC ETC.

Why are you confusing matters?

[Casa]

Graham...just take Greenie's advice.

[wiggsy]

Why are you confusing matters?

After PM's with graham - im not sure if he is planning on coming directly to UK from China or not

[Gagan1986]

Long story short, she would need a visa to enter UK as per Greenie's advice

[Graham Weifang]

I am all confused now.
I thought I had it all worked out.

1/ She would get a Schengen visa to Europe.
2/ We will rent a small apartment for minimum 3 months
3/ A friend of mine has offered me some work in France.

So I was thinking, rightly or wrong, that after we settle into our rented apartment, and I take up this job, I should gather proof of living there together, like ~~
1/ bank account each, with the same address.
2/ Electricity bills put into our name
3/ register with the local tax office.

Then when we have this "evidence" of living together, we should apply for her "family residence permit"

Then when we have the "family residence permit"
Then apply for entry clearance at the UK Embassy in France.

Then we could take the DFDS ferry from Calais or Dunkirk to Dover.

The plan was to arrive at immigration at Dover, and produce our passports, (me, husband, as UK British citizen, her as Chinese citizen, our marriage documents, our proof of living and working in France for several months, her "family residence permit" as my wife, spouse,

Is this possible?



Graham

[st pauli]

Seems like you're talking about returning to the UK under the Surinder Singh route. This isn't turning up at the border without a visa, this is turning up at the border with an EEA Family Permit.

I think the confusion seems to have arisen from the fact you didn't mention in your OP that you will be applying for this. You just spoke of pitching up at the border with a bunch of evidence.

[Greenie]

I am all confused now.
I thought I had it all worked out.

1/ She would get a Schengen visa to Europe.
2/ We will rent a small apartment for minimum 3 months
3/ A friend of mine has offered me some work in France.

So I was thinking, rightly or wrong, that after we settle into our rented apartment, and I take up this job, I should gather proof of living there together, like ~~
1/ bank account each, with the same address.
2/ Electricity bills put into our name
3/ register with the local tax office.

Then when we have this "evidence" of living together, we should apply for her "family residence permit"

Then when we have the "family residence permit"
Then apply for entry clearance at the UK Embassy in France.

Then we could take the DFDS ferry from Calais or Dunkirk to Dover.

The plan was to arrive at immigration at Dover, and produce our passports, (me, husband, as UK British citizen, her as Chinese citizen, our marriage documents, our proof of living and working in France for several months, her "family residence permit" as my wife, spouse,

Is this possible?



Graham

The scenario you have proposed in this post is completely different to the one in your first post.

[Mr Rusty]

I am all confused now.
I thought I had it all worked out.

Then when we have this "evidence" of living together, we should apply for her "family residence permit"

Then when we have the "family residence permit"
Then apply for entry clearance at the UK Embassy in France.

Then we could take the DFDS ferry from Calais or Dunkirk to Dover.


Is this possible?



Graham

The entry clearance you would apply for at the UK Embassy is just another form of visa - it's called an EEA Family Permit. Your wife would qualify if she has been living with you in France and you have been working there. It should be issued free of charge. It's valid for 6 months and could be converted to a 5-year Residence Permit if you decide to stay and work in the UK.

With that endorsement in her passport, when she arrives at Dover, as long as she is accompanying you there should be no need to produce all the documents to which you refer.

Without that endorsement in her passport if she were to arrive at Dover and you were able to produce all those documents, she would probably be admitted, albeit maybe after some hours' delay. HOWEVER:-

Without an EEA Family Permit or a Visit Visa she would probably not be accepted for boarding by the ferry company at Calais, who would be liable to a fine by the UK authorities for carrying a passenger without the requisite visa.

So, when you have evidence that you have been working in France and that she has been living with you there, you apply to the British Embassy for an EEA Family Permit - which now appears is what you are intending to do.

[Graham Weifang]

I am all confused now.
I thought I had it all worked out.

Then when we have this "evidence" of living together, we should apply for her "family residence permit"

Then when we have the "family residence permit"
Then apply for entry clearance at the UK Embassy in France.

Then we could take the DFDS ferry from Calais or Dunkirk to Dover.


Is this possible?



Graham

The entry clearance you would apply for at the UK Embassy is just another form of visa - it's called an EEA Family Permit. Your wife would qualify if she has been living with you in France and you have been working there. It should be issued free of charge. It's valid for 6 months and could be converted to a 5-year Residence Permit if you decide to stay and work in the UK.

With that endorsement in her passport, when she arrives at Dover, as long as she is accompanying you there should be no need to produce all the documents to which you refer.

Without that endorsement in her passport if she were to arrive at Dover and you were able to produce all those documents, she would probably be admitted, albeit maybe after some hours' delay. HOWEVER:-

Without an EEA Family Permit or a Visit Visa she would probably not be accepted for boarding by the ferry company at Calais, who would be liable to a fine by the UK authorities for carrying a passenger without the requisite visa.

So, when you have evidence that you have been working in France and that she has been living with you there, you apply to the British Embassy for an EEA Family Permit - which now appears is what you are intending to do.

.
Hello Mr. Rusty,

It is becoming more clear to me (us) now.

Yes, we plan to go to France for a few months in the summer, get apartment to rent, etc, work, register at tax office, etc, apply for EEA family permit, go to UK, etc.

I will start a new thread, as I have messed this one up too much, because I didn't know what was what when I first started.

Please see my new thread.

Sorry


Gra.