French Residency Status for Non UK Wife

[dazzas1066]

Hi

Please can you hep me with some advise. I know their are other threads in these areas, but it can be difficult to translate to your own situation.

I an UK Citizen and have relocated to France (work in Switerland) with my wife. We have been married for 7 years and my wife has been a UK resident for 10 years, but has a canadian passport.

We have been let down by our company in terms of arranging the paper work. Their contractors were taking to long to initiate the process and based in US. We agreed to use our own solicitor we found and she failed to keep our appointments.

We are now hitting close to the 90 days. Can someone please advise us on the proceedure we need to follow and if we should have any concerns for us about the application. Do we just need to register before the 90 days is up? We were told we did not need to arrange a long term visa before living the UK.

Also does anyone know about the third national status. I had read that as my wife has been resident for more than 5 years in UK she recieves third national status which also makes things easier?

If you know the forms we need and if they can be downloaded this would also be helpful. Also would be be entitled to work in France.

We are in the process of arranging private health care.

Many thnaks for any help.

Darren

[John]

What a shame your wife did not apply for Naturalisation as British while she was living in the UK. After all both Canada and the UK have no problem with dual nationality.

Given your wife has, based upon what you have posted, been outside the UK for less than 90 days, any chance of her going back to the UK and applying fro Naturalisation? After all if she becomes a British Citizen you would not be concerned with matters vis-a-vis a French-issued Residence Card.

If that would not be possible, you mention a Solicitor, is that a French lawyer you are talking about?

As regards your wife's UK immigration status, she had a spouse visa? And then ILR?

[dazzas1066]

Hi John,

Yes she had a spouse visa and then ILR. The uk citizenship is not an option.

Many thanks for any advice.

Darren

[John]

Darren, OK, but the question about the lawyer?

[dazzas1066]

Hi

Not sire of the importance. But yes a french one.

Does anyone no if there is any major difficulty if the 90days are exceeded slightly?

Thanks

Darren

[lifeart]

This is really not a problem, or a difficult situation.
The firts three months of stay you do not need anything except for valid passports and a marriage certificate.
After that, all you have to prove is that you: either are a worker, part-time, f/t, or self employed, are self-sufficient (in this case you need to show prove of private health insurance), are looking for work or are a student.
In all of the above cases you are exercising treaty rights as EU citizen. Your third country national spouse automatically has the same rights as you do. Even if the 90 days are passed she is NOT illegally in France (as long as you are there together), as you (and she) are exercising treaty rights.
Check the documentary requirements of your préfecture for "conjoint d'un ressortissant l'UE", or similar. Make sure they understand that you are applying for your wife on the basis of EU treaty rights NOT national legislation (only for French citizen spouses). She then should be given a "recepicé" (temporary proof of application), and the within six months receive her 5-year resident card

[Directive/2004/38/EC]

Your wife has roughly the same rights to live in France as you do. 90 days in not all that important for family members of working EU citizens.

Note that you are a cross border worker, namely living in one EU country and working in Switzerland.

You should try to register her in France.

If you have any problem, contact the EU's Solvit - http://eumovement.wordpress.com/help-eu-solvit/

[dazzas1066]

Hi All,

Sorry for the delay things have been hectic. We meet the prefecture next week.

I was feeling pretty good until our solicitor has advised that she should have come with a visa.

This means they are either not clued up or we will be facing some issues. Either answer is not good for us - Bad Solicitor or Visa Requirements!

Thanks again

[lifeart]

Your spouse is Canadian? She has lived in the UK? There are NO visa issues!!
Again, you are an EU citizen, she is your spouse> You and she have the same rights when moving to another EU state. No issues, none

[Directive/2004/38/EC]

A Canadian citizen does not need a visa to enter France, especially not if they are married to a EU citizen.

Again I would strongly suggest contacting Solvit. They are free.

If your wife has been living in the UK for so long, she might want to apply for citizenship. She will need to do the life in the UK test. And will have to meet the other requirements. She will likely have to mail the application while in the UK, and wait for it to arrive before going back to France.