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Please help me to understand the residence permit rules

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sontaya
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Posts: 2
Joined: Thu Sep 17, 2009 7:19 pm

Please help me to understand the residence permit rules

Post by sontaya » Thu Sep 17, 2009 7:37 pm

I am sorry to trouble you with a question that I am sure has been asked a million times but I am really stuck and have not found the answer in almost a year of searching!

I am British and my husband is from Thailand. We have lived in the UK for almost 8 years and my husband has indefinate leave to remain. We looked as getting him citizenship but at £720 we really can't afford it. All we want is to be able to travel abroad visa free. I have tried to keep myself up to date on the EU directive 38/2004 and understand (I think) that although it is slowly being implemented by different countries they are still making it hard. On the French consulate website it says that a spouse of an EU national can enter visa free if they have a valid UK residence permit with the endorsement "family member of an EEA national". I think I am right (although please correct me if I am wrong) that my husband's ILR visa is his residence card but nowhere on it does it state family member of an EEA national. I have looked on the Home Office websitre and can see applications for EEA4 but not only do I not want them to keep our passports for over a year I don't even know if that applies to my husband. I guess what I am asking is am I missing out on some kind of residence card that has all this info on it to satisfy other countries border control or are they doing this on purpose to make it dfficult for us all? I simply want to go to Disneyland (and maybe other destinations in the future) with my husband visa free as obtaining a visa is so expensive and stressful.

Thank you so much for your help

UKBAbble
Senior Member
Posts: 542
Joined: Wed Sep 03, 2008 3:08 pm
Location: Berkshire

Post by UKBAbble » Thu Sep 17, 2009 10:20 pm

As you live in the UK you are not treated as an EU National by HMG but as British, so your husband cannot obtain such a residence permit, sorry.

sontaya
Newly Registered
Posts: 2
Joined: Thu Sep 17, 2009 7:19 pm

Post by sontaya » Fri Sep 18, 2009 12:57 pm

What a shame! So I guess we will never be able to take advantage of visa free travel.

Thank you so much for taking the time to reply - something the Home Office never did!

Rozen
Diamond Member
Posts: 1177
Joined: Wed Feb 28, 2007 6:09 pm
Location: Nederland

Post by Rozen » Fri Sep 18, 2009 1:19 pm

sontaya wrote:What a shame! So I guess we will never be able to take advantage of visa free travel.
Not unless the Brit citizen chooses to exercise their treaty rights in another EU country for a while, then return to the UK under the Surinder Singh rule!
(Probably not worth the hassle! :))

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Fri Sep 18, 2009 1:54 pm

If u want to both travel abroad surely it's worth missing one holiday and paying for the citizenship?
An chéad stad eile Stáisiún Uí Chonghaile....

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Casa
Moderator
Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Post by Casa » Fri Sep 18, 2009 2:54 pm

Wanderer...you beat me to it.

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