UK husband Non EU wife - family permit to UK

[Graham Weifang]

Hi all,

I would like to ask the experts, of which I know and respect many here.

I wish to bring my non EU wife to UK for a short holiday.
Sounds simple.

As stated in the title, I am from UK, UK citizen, UK passport holder.
I married my Chinese wife in Beijing in 2012, after living together for a few years in China.
Her applied for a UK tourist visa in June 2010, no problems
Her also applied a Shengen visa in June 2010, no problems.
Her applied for another UK tourist visa in Jan 2011, and was refused, as she submitted incorrect documents, (she changed jobs, to another place, and there was a gap of a few months)
Her applied for another Shengen visa in June 2011, no problem.

Now up to date, we are married, and wish to apply for a UK Family visit visa.

However we are very much worried as the refusal in Jan 2011 will probably be ringing alarm bells, when we apply for a family visit visa.

How much will the refusal have a bearing on the outcome of our planned application for a family visit visa?

Gra.

[Pablito]

In my opinion, if it has any bearing this time then it will depends on the reasons for refusal last time which speaking of which is not some serious reason. But of course i am just trying to apply common sense in here. If your wife complies with the requirements then what possible reason can be given for refusal in context of your previous refusal?

[EUsmileWEallsmile]

Are you posting about a family permit (EU law)? This doesn't sound appropriate or are you thinking of post your residence in Ireland?

A family permit and a visit visa are very different beasts.

[thk]

It doesn't seem like the European route would apply to you as you are not resident in Europe.

[Directive/2004/38/EC]

It doesn't seem like the European route would apply to you as you are not resident in Europe.

European route applies to anyone who is a family member of an EU citizen. It does not matter where they are presently resident.


Graham Weifang:
I see no evidence that you have lived an worked in a different EU country with your wife, so your application will be made under UK domestic law. (This part of the forum is for EU law). It is hard to tell if you will have troubles or not in reapplying. Give an explanation and see how it goes. Otherwise spend your tourist money in Europe!

[thk]

It doesn't seem like the European route would apply to you as you are not resident in Europe.

European route applies to anyone who is a family member of an EU citizen. It does not matter where they are presently resident.

Except if you are British!

The only case where a British citizen can apply under EU regs is if they have been exercising treaty rights in another EU country - as in the Surinder Singh case. If you have not been working in an EU country you will be treat purely as a UK citizen and do not have the right to use the EEA visa route.

An EU citizen has more right to bring their non-EEA wife to the UK than a British citizen - unpleasant, but true.

[Graham Weifang]

Hi THK,

I am sure you are quite correct.

If we move to Ireland, and I take a job, "any job" then I can exercise my treaty rights?

If one is British citizen, and passport holder, then I have read adn understand that you are a British citizen while in your home country, ie, UK, but you are an EU citizen when you are not in your home country, ie, in Ireland.

I think I have that correct, but by all means any one, please shout up and say if there is some thing wrong there.

As you say, "unpleasant but true,"

vette