Can my Korean wife live, work and travel in the EU?

[stewy1988]

Hi there.

I am British and my wife is South Korean (we got married in the UK).

She is currently on a tourist VISA and that VISA is due to expire at the end of April. As a result I have a few questions about her right to travel and work in the EU. The trouble is, everything is so confusing with regards to this and very contradictory at times. Thanks in advance...

1. My South Korean wife entered the UK on a tourist VISA (valid for 6 months). We got married during that period in the UK. As my wife, does this give her any additional rights, ie: the right to extend her stay in the UK. The ridiculous thing is that from my research I gather that it does not actually give her any additional rights other than the fact we have to fill out a 500 pound form at which point she "may or may not" gain a residency permit...wonderful.

2. As my wife, let's say she exits the UK at the end of her 6 months VISA. Does this then give her the right to enter the UK again in a border run of sorts? Once again, from what I gather, once she exits the UK this time, she must then wait another year before she can get back in again. Wonderful...

3. How about the EU? As a spouse of an EU national, I gather that this gives her the right of abode in the EU countries, am I right in thinking that? In terms of living in another EU country, is it as simple as going to the EU country of our choosing and her registering for a permit whilst in their country?

4. How about travelling in the EU? As my wife, does this give her unlimited time in any EU country for an unlimited period of time or does she still fall under the ridiculous Schengen VISA restrictions that continue to confuse me?

Thanks a lot for your help!

[Lucapooka]

Are you asking serious questions or merely complaining and making sarcastic comments about everything being 'wonderful' and 'ridiculous'?. It's hard to determine and I don't want to waste time responding if it's only the latter?

[stewy1988]

They are very serious questions and very important to me. I have no concrete answers to my questions merely conjecture from around the Internet etc. Any advice would be very much appreciated. Thank you.

[Lucapooka]

1. She can't apply to settle in the UK from the starting point of being a visitor inside the UK. This type of transition is not permitted within the immigration rules. She has to return to her country of residence and apply for a spouse settlement visa, currently priced at 810 pounds.

2. Visitors are generally limited to spending no more than six out of 12 months in the UK so an early return after spending a full six month period is likely to result in a refusal of entry but this depends on the circumstances, regularity and length of the return visits.

3. If you live in another EEA state and exercise EU treaty rights (work, study, self-sufficiency), she will have right to live with you.

4. She can enter another EEA state with you or to join you. If you wish to remain longer than three months you need to be exercising treaty rights.

[stewy1988]

Thank you very much for your help.

Can I just clarify the idea of EU Treaty rights. Is this applicable for all EEA states? Also, what exactly are the treaty rights and how could I meet these?

1. Study: Neither of us will be studying.

2. Self sufficiency: I do not currently have much money in a bank account as proof of funds.

3. Work: Essentially, if I find a job somewhere in Europe she will be able to stay there and live with me?

Thanks again!

[stewy1988]

In addition, you say she can join me and travel in another EEA country for up to three months and exercise treaty rights. Does this mean for instance she could travel with me to Spain for 3 months, then go to Italy for 3 months, then go to Germany for 3 months etc etc or simply one EEA country for 3 months and have to return home?

[vinny]

3. Work: Essentially, if I find a job somewhere in Europe she will be able to stay there and live with me?

Yes.

[stewy1988]

Thanks for the advice guys!

[weetabix]

I am British and have a Asian wife here on a tourist visa. We are intending to go to another EU country, find work and then return to live in the UK. What visa do we apply for after we have say worked for a few months and exercised treaty rights? Is it EEA 1,2 or 3? Also how long do we have to work before we have a good chance of qualifying? And is it better if we both work?
regards
Weetabix

[Directive/2004/38/EC]

I am British and my wife is South Korean (we got married in the UK).

This is all the information that is important.

You, as an EU citizen, can move to any other EU member state to work, or if you are self sufficient. You can work from the day of your arrival.

And as long as she is with you, then she has pretty much the same right as you to work.

Note that if you go to Spain and she goes to Ireland, then she does not have these free movement rights.

Germany is presently a good place to find a job, and is a lovely place to live!

[Directive/2004/38/EC]

I am British and have a Asian wife here on a tourist visa. We are intending to go to another EU country, find work and then return to live in the UK. What visa do we apply for after we have say worked for a few months and exercised treaty rights?

If you enjoy where you end up, then definitely stay there if you can!
After you have been working for a while, your wife can return to the UK on an EEA Family Permit