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  1. #21
    Moderator Tobias's Avatar
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    Quote Originally Posted by DAS View Post
    Hi
    At the expense of sounding a little thick here, how easy would it be to get a shengen visa (I assume you need one) for a thai partner for France if you are not a citizen of that country, is the fact that you are working there enough?
    David
    It is very easy, and free. If you are exercising an economic Treaty Right they must (with very few restricted exceptions) allow your Family Members in with you ... even if you turn up at the border without a visa!

    - - - - - - - u p d a t e d - - - - - - -

    Quote Originally Posted by mbsk View Post
    ... The SS policy is a positive benefit for EU citizens ,which us British we can adopt to use in our own country....go figure! ...
    Wrong again.
    Tobias - โทเบียส
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  2. #22
    Premium Member Gary & Nok's Avatar
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    Quote Originally Posted by mbsk View Post
    The SS policy is a positive benefit for EU citizens ,which us British we can adopt to use in our own country....go figure!
    I think you missed out the appropriate words here "which us British we can adopt to use to bring our spouse in our own country"

    I agree with you. I see this as a positive (and an easier route) for spouses of all nationalities in the EU to come to the UK while for Brits the current rules and regs are a lot harder in their own country.

    And before anyone says it, yes I know this route is open to Brits as well.
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  3. #23
    Premium Member 9851colle's Avatar
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    I Know somebody who is working with me the moment, and due to go to the UK shortly, however his wife is having dramas obtaining a visa from Germany as they both live there.

    Does anyone know if this would work for people in the Forces as we pay UK tax, Its just a thought but maybe manipulating this route would be a good option for him and his wife. (without getting himself into trouble)

    Would they just rock up a the border and say that they are exercising this treaty??

    Mick...
    Nec Aspera Terrent

  4. #24
    Premium Member Gary & Nok's Avatar
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    Don't think it has anything to do with paying UK tax it is about being a British Citizen having worked in the EU and exercising your right under EU law to bring your partner to the UK.

    I would have though that this route would be ideal for serving personal based and working in Europe. If the wife is with him in Germany now then (in theory) they should just be able to come in to the UK without problem.

    If he were to try it I would suggest that he arms himself with all the relevant paperwork concerned as the border Muppets may try to stop them or be unaware that this route is legal.
    Have I Mentioned That I VOTED OUT

  5. #25
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    Looks like they are trying to make Regulation 9 more difficult.
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  6. #26
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  7. #27
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  8. #28
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  9. #29
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  10. #30
    Member สมาชิก
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    Hi
    I'm hoping members can help with a (slightly) related issue.

    I have a friend who has terminal cancer. He was working in Central America, where he had married a local woman with a young son. During his assignment in Central America they came and went with her and the son getting UK tourist visas every time.

    He was diagnosed in Central America. He returned to the UK for confirmation and treatment. His wife and son then joined him on another 6 month tourist visa.
    I saw them today at his home in the UK. It is clear that he needs 24hr care. There is nobody else to care for him.

    They told me that the last tourist visa has just expired. They tell me that they would have had to return to Central America and apply for a new visa and could only get one after a further 6 months had passed.
    Obviously they cannot leave my friend on his own. He would be unable to cope. They said that they had lodged paperwork with the Home Office for an extension on compassionate grounds. They paid around £1000 for the application. All of their passports including my British friend's are with the Home Office but my friend has received no information from them.
    I should add that the local UK council will not allow the 8 year old son to attend school until the situation is resolved. He has already missed almost a year.
    The wife and son intend to return to their home country after the inevitable happens.
    My question is "is there any way in which Surinder Singh or any EEA rules of the same ilk could be applied?".

    Anything helpful would be much appreciated. This is as family suffering a great deal. The wife is quite prepared to become illegal if that is what is required to care for her husband. However, the victim will be the son who is losing out on education at a critical time for him

    Thanks all
    Cheers
    Dotty

  11. #31
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  12. #32
    Forum Regular สมาชิกประจำ Peejay1959's Avatar
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    Outrageous!!

  13. #33
    Forum Antiquity ของโบราณ caller's Avatar
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    Has anyone got a fuller and impartial report?
    'Tis me

  14. #34
    Moderator Tobias's Avatar
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    Oh dear, what a perverse decision. This one is certainly going to fly all the way to the ECJ.
    Tobias - โทเบียส
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  15. #35
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    Hi. There are currently several active Facebook pages buzzing every day with news and advice on the SS route - it is now very big. The two main countries which have devoted pages are Ireland and Malta. Malta is quite an attractive proposition for many reasons - low cost of living; English langauge and historical connections; nice climate...some people put off trying to get into the UK cos Malta becomes so comfortable to stay in. Even Brits who could qualify under the July 2012 financial requirements are choosing the Surinder Singh route - why ? - because once a Brit working over 3 months in another EU country and living with their non-EU spouse there, gets a Family Permit to go to the UK, that's IT - home and dry for 5 Years, then permanent residence for the non-EU partner after 5 yrs. No language test, no TB test, above all, no repreat financial hurdle at 2.5 years and 5 years...if anyone's seriously interested in this route, it can work and it is working for lots of people already. I would suggest to anyone thinking about it to genuinely make a home in the EU country for a year at least and then the Centre Of Life (COL) yest is easily passed. (Before COL was introduced by the UK gvt to make it tougher, people were doing it after only 3 months in the host EU country - to try that now would be pushing your luck.)
    Last edited by SingerSongwriter; 1st Jan 2015 at 23:05.

  16. #36
    Forum Dinosaur ไดโนเสาร์ Flip's Avatar
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    Errrm......Hello again - don't want to announce my re-arrival as I did last time and simply disappear again. There were however, very good reasons for that..........

    I'm not up to date with the current visa rules as my wife (now ex) went through everything and got her UK passport so I thought I was through with all that but I'm wondering if this route might help my particular case - I see problems ahead and haven't even started looking for a way to deal with it.

    I have a new partner and was (still am I hope) slowly going through the process of moving out to Thailand. Having brought 2 wives here now, the thought of bringing a third does not bode well with me (probably doesn't bode well with the home office either ). All was going well until recently when a routine health check turned into the nightmare scenario of being diagnosed with cancer - potentially terminal. I will probably be married again by this time next year but my plans to live in Thailand permanently will have to go on hold until my treatment is completed.

    There is no guarantee that the treatment will work and I wouldn't want to end my days in a 30 baht Thai hospital so should the worst come to the worst, I wonder if I could use this route to allow my wife (to be) to be with me in the UK?

    I'm looking at the worst case scenario of course but if things are so bad, clearly I won't be working so will not be able to meet the income requirements.

    I know not what the future holds for me but I want to be prepared and don't want to be in fighting to get my wife a family visit visa from a hospital bed.

  17. #37
    Premium Member i_hate_theo's Avatar
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    I can't offer any advice but very sorry to hear of your predicament. Best of luck with the treatment.

  18. #38
    Forum Dinosaur ไดโนเสาร์ Flip's Avatar
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    Thank you I H T

    As an aside, would the "legal eagles" care to comment on the following:

    Vinny has posted links to several changes to the immigration rules which appear to have been formulated in response to the SS case. Would I be right in saying that the right of entry (in related cases) is granted under EU rules and as such operates throughout the EU? If so, under what jurisdiction has the Home Office been able to change the rules? The changes appear to relate exclusively to the UK unless the ones referred to are simply the UK version of EU wide amendment?

    Has the judgement that Tobias says will 'fly all the way to the ECJ' been challenged yet?

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