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UK via EU

Discussion in 'Europe Wide Visa Discussions' started by DavidAlma, Apr 19, 2017.

  1. DavidAlma
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    DavidAlma Well-Known Member

    Some great info here, thanks to everybody, greatly appreciated. It all looks very do-able. Couple more question if I may: -

    1 Once we set up home in one of the EU countries, say Spain or Malta, are we allowed to travel out of that country during the qualifying period of 6-12 months? Malta is looking good as I am hopeless at learning languages. Probably would prefer Spain in all honestly, if I could master the language.
    2 Assuming all goes to plan and we qualify for EEA Family Permit, what rights of residency in UK would my wife have? Would she be allowed to live in UK after my death, if she so chose?

    Thanks, again guys, awesome site.
  2. Brom27
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    Brom27 Well-Known Member Trusted Member

    The Ireland would be a great choice as far as language and distance from the UK is concerned. They speak English so you won't have any problems with that @DavidAlma .
  3. Markham
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    Markham Guest

    Well therein lies a problem. The UK will only grant Family Permits to spouses and dependants of UK nationals who are earning a living elsewhere in the EU and whose centre of life is (at the time of application) firmly within that EU country. There is no provision for those of us who are self-sufficient, including OAPs, presumably because there's a risk that we and/or our partners could become a burden on the state.
  4. johncar54
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    johncar54 Active Member

    David Once we set up home in one of the EU countries, say Spain or Malta, are we allowed to travel out of that country during the qualifying period of 6-12 months?

    I do not think there is any problem there. I do know that once a non EU national has Residencia status they can leave for periods up to 2 year without losing their status. In some circumstances even longer.
  5. John Surrey
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    John Surrey Well-Known Member

    Country by Country Guide here:



    @CampelloChris : "You cannot both turn up on a national border, expecting both to be let in if neither of you are legally resident in that country."

    This is (wrong) misleading - I have a UK passport and I'm living in the Philippines - there's nothing to stop my wife getting a Schengen Travel Visa for Spain or Ireland or wherever and accompanying me when I go there... "One" can sort the rest out later - assuming he/she can find a job or are capable of setting up a dog-walking service or something similar so to speak.
  6. bigmac
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    bigmac Well-Known Member Trusted Member

    @DavidAlma -----is it really worth all the aggravation and worry ? who knows what kind of amendments or changes are in the pipeline. even i considered going surindher singh back in '12 when the new rules came in---and i couldnt qualify as sponsor. but i managed to sort the financials--and we are now married.

    quite frankly--if you meet the financial and accommodation requirements--then dig deep--get a quick decision---and sleep nights.
  7. johncar54
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    johncar54 Active Member

    John Surrey
    This is (wrong) misleading - I have a UK passport and I'm living in the Philippines - there's nothing to stop my wife getting a Schengen Travel Visa for Spain or Ireland or wherever and accompanying me when I go there... "One" can sort the rest out later - assuming he/she can find a job or are capable of setting up a dog-walking service or something similar so to speak.

    My wife has lived with me in Spain for 10 years. In November we traveled to UK without a visa relying on the ECJ Ruling in the McCarthy case (https://www.freemovement.org.uk/mccarthy-and-eu-family-permits/).

    I have dual British and Irish nationality, I travelled on my Irish Passport.

    My wife was permitted to enter on a Philippines Passport and Spanish Residencia Card, without any questions. Her passport was stamped to allow a 6 month visit but she was not permitted to work.

    I understand that is a non EU citizen, in Spain on a visitors visa, who wishes to apply to stay, must return to the country where they lived and make a application to do so. They cannot do it there ad then in Spain.

    PS Ireland is not in Schengen so one would need an Irish visa
    • Agree Agree x 1
  8. DanPick
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    DanPick Banned

    .
    Last edited: Apr 20, 2017
  9. DanPick
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    DanPick Banned

    It is very relevant that in choosing to go the European route, that hostilities from the natives towards us Brits are quite likely, in the light of Brexit and our hostile stance towards Europeans.
    • Agree Agree x 1
  10. CampelloChris
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    CampelloChris Well-Known Member

    I wish you the very best of luck proving that she will return to the Philippines at the end of the visa period. As she is not accompanying someone from whom she can derive rights under the freedom of movement Directive 2004/38/EC, a tourist visa is all she could apply for. If you decide to follow this route, do not choose Spain as your destination.
  11. Markham
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    Markham Guest

    That is a matter of opinion but regardless of that, you are raising an issue that is of no relevance in obtaining a visa.
  12. Markham
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    Markham Guest

    That might be so for Spain, Chris, but is definitely not so for Malta. My wife was issued with a Family Reunification Visa - that is valid for residency application - and she travelled from Davao to Malta with me and I didn't possess a residency card for Malta or any other Schengen country.
  13. CampelloChris
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    CampelloChris Well-Known Member

  14. CampelloChris
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    CampelloChris Well-Known Member

    Yes. You made an immediate residence application. I wasn't able to do so because of the (illegal) requirement by the Spanish authorities for registration of the Filipino marriage in the UK, or recognition of the same. The recognition certificate which apparently would have satisfied them is only available in Spain, when both parties are present.

    The Directive points out that an entry permit into the EU is a right of a family member and that they cannot be made to apply for residency or family reunification visas. That you did so was by choice. In our case they tried to squeeze a square peg into a round hole
    • Like Like x 1
  15. DavidAlma
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    DavidAlma Well-Known Member

    Its not the financials that worry me, its all the tra la la in getting the visa and having to find somewhere to live and stay in UK for something like 10 months in every year to qualify for the IFL, at least I think thats what its called. Spending 6-12 months in Malta or Spain is much more appealing, especially if its OK to leave the country for trips back to Philippines during that time.
  16. DavidAlma
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    DavidAlma Well-Known Member

    That could be a deal breaker Markham. I think my younger wife would be quite happy finding work there, but I think the chances of finding employment myself at my age would prove to be pretty difficult.
  17. Markham
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    Markham Guest

    Just bear in mind, David, that if you decide to relocate to Malta, your wife must be in possession of a Schengen Type 4 Visa, otherwise known as Family Reunification Visa.

    You have a choice of carriers between the Philippines and Malta: Emirates (Manila or Cebu) via Dubai; Turkish Airlines (Manila) via Ankara; or KLM (Manila) via Amsterdam. Both Emirates and Turkish are highly-rated, KLM not so much (but usually the cheapest).

    You don't have to be employed, you can be self-employed.
  18. DavidAlma
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    DavidAlma Well-Known Member

    Thanks for that Markham
    Assuming we chose Malta, does she have to apply for the Schengen Type 4 Visa before travelling with me or joining me there? Does that visa have to be applied for and issued in her country of nationality i.e. in Philippines or can she apply from here Dubai?

    If everything worked out according to plan and we manage to settle in Malta for 6-12 months, what type of residency permit for UK would my wife qualify for?
  19. Markham
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    Markham Guest

    Yes, she will not be permitted to enter the Schengen Zone without a visa.

    If she is resident in Dubai, she can apply from there. VFS is probably the place she needs to go where they will take biometrics. Under EU law, that type of visa must be issued quickly, within 14 days (I believe). The application will probably be actioned by the Maltese Embassy in Riyadh.

    A Family Permit which is valid initially for 5 years and is (currently) renewable.
  20. DavidAlma
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    DavidAlma Well-Known Member

    Thats excellent, thank you for your help Markham.
    Can I assume the same would be true for Portugal?

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