EEA treaty rights to bypass Indonesia?

[DavidJ]

Hello,

Fiancee visa refused twice now, on intent and finances. Long story.

I have good friends in France who could probably get my wife over and we marry in France.

Could she then come over here as non-eu spouse on this EEA rule?

What would the pitfalls be? It is just cheaper for me to fly her to France and marry in Europe than me fly over there and go through the time-consuming documents/passport change/fresh visa application.

Thanks in advance.

DavidJ.

[Smit]

David,

You can try going down the Surinder Singh route-see http://www.ukvisas.gov.uk/servlet/Front ... ur%20eight

You (and spouse) need to exercise treaty rights in another EU country for 6 months (there is discretion on this) after which you can apply for an EEA Family Permit for your spouse to come and live in the UK.

Smit

[DavidJ]

Sorry if this looks like I'm trying to cheat, I am not.

The Home Office and ECO's don't always play by the rules, and I am fed up fighting a broken system.

My wife will wait for me, she is in no doubt about that. Why should we have to put up with such nonsense.

I just want to know what options I have. So far I have spent one year and over £7,000 with our lives on hold. Every step is "3 months" which turns into six.

I have read a bit about EEA, but am confused. Is it an option?

Regards,
DavidJ.
(One step away from emptying my bank account and leaving for good.)

[DavidJ]

David,

You can try going down the Surinder Singh route-see http://www.ukvisas.gov.uk/servlet/Front ... ur%20eight

You and spouse need to stay in an EU country for 6 months after which you can apply for an EEA Family Permit for your spouse to come and live in the UK.

Smit

That'll be a no then. It seems far too complicated, finding work in France, registering locally for six months. I will, however, look into it.

Thanks.

DavidJ.

[Smit]

David,

You can live in any EU country, have you thought about Ireland?

Smit

[DavidJ]

David,

You can live in any EU country, have you thought about Ireland?

Smit

How would I get her over to Ireland? What type of visa? I am an actor (trying to be) but have a load of skills from 20+ years in Insurance Loss Adjusting.

I'd love to go to Ireland. My family have some connection there.

Cheers,

DavidJ.

[yankeegirl]

David,

You can live in any EU country, have you thought about Ireland?

Smit

Have a good read through the Ireland threads before making a decision. The Irish system at the moment regarding EU applications is a mess. But yes, it can be any EU country, not just France, though I saw you mentioned you had friends there.

[Rozen]

I really sympathise with you David, but where there's a will there's a way. The problem with the EEA route is that you cannot exercise your EU Treaty rights in your own country, until you have FIRST exercised them in another EU country for a couple of months.

So if you are a British citizen, you cannot straight away bring in your non-EU spouse unless he/she has been granted an EEA resident permit from the British High Commission (consulate) from their country of residence, OR you first live together in another EU state while exercising your Treaty rights there (ie.work/study).

I know for a fact that it is for this reason that a lot of Dutch nationals who marry foreign non-EU nationals, go to live in Belgium for about six months, then just move back into Holland hassle-free with their non-EU spouses. It's called 'The Belgian Route'.

So like Smit has suggested, why not try Ireland?

Good Luck!

[Rozen]

Point of correction....

I think a non-EU national coming to join their British citizen spouse in UK would have to apply to the BHC under the normal UK immigration rules anyway! So no EEA Family Permit there.

Which just leaves the option of you moving to one of the EU countries...

[DavidJ]

Maybe I just have to play their game. I am seeking advice from the IAS. I can borrow the money to go and marry her. See if we can put a solid application. The last was solid. The system is broken.

It will be really tight, but she can work straight away this time, so my income is less of a problem apparently.

Now, if we can only get them to believe that a 21 year old can actually genuinely find a strong, capable, intelligent, funny and creative 43 y/o man a suitable choice for a husband and want to live with him and have a family.

They have me pegged as a mid-life crisis Johnny-no-mates who can't get a g/f. So not me!

I am a fighter. I have taken on blue-chip companies and won without representation, but the H.O. take the biscuit. This is where the stress lies. We all know it's wrong; we just can't change it.

Having said that, if the Spouse visa fails - watch this space

DavidJ.