Long-term Spouse Visa

SimonJJ · Post by **SimonJJ** » Mon Jul 16, 2007 9:49 am

I am British and my wife is Thai (Currently we both live together in Thailand), however we want to live together in France. What visa or permit does my wife need to stay long-term in France?

PS...I work freelance on the internet so I can work from anywhere

flyboy · Post by **flyboy** » Mon Jul 16, 2007 10:01 am

Have a look at the following link - it will give you some idea of what is needed:

http://www.consulfrance-newyork.org/art ... rticle=376

SimonJJ · Post by **SimonJJ** » Mon Jul 16, 2007 1:41 pm

I have been advised that my Thai wife should complete an EEA1 form....is this right??

Docterror · Post by **Docterror** » Mon Jul 16, 2007 2:18 pm

The EEA application forms apply only to applicants who wish to live and work in UK. France should have its own applications and methods which can be used to exercise your treaty rights. Best to contact French authorities after you have googled and gained the right information about your rights.

Wanderer · Post by **Wanderer** » Mon Jul 16, 2007 3:11 pm

Docterror wrote:The EEA application forms apply only to applicants who wish to live and work in UK. France should have its own applications and methods which can be used to exercise your treaty rights. Best to contact French authorities after you have googled and gained the right information about your rights.

I'd like for someone to find me the German equivalents, I've tried and failed!

Dawie · Post by **Dawie** » Mon Jul 16, 2007 3:31 pm

French: http://eumovement.wordpress.com/info-france/

German: http://eumovement.wordpress.com/info-germany/

Wanderer · Post by **Wanderer** » Mon Jul 16, 2007 4:06 pm

Dawie wrote:French: http://eumovement.wordpress.com/info-france/

German: http://eumovement.wordpress.com/info-germany/

Cheers but do u have a link for where to find the German equiv of the EEA Family Permit forms?

Ta!

SimonJJ · Post by **SimonJJ** » Tue Jul 17, 2007 9:05 am

Can anybody advise me in a matter of fact manner such as:

Step 1: Go to French Embassy and ask for EEA1
Step 2: Submit completed EEA1 at French Embassy

etc

Post by **John** » Tue Jul 17, 2007 10:10 am

I don't think that EEA1 is the correct form. You need to go to the French Embassy in Bangkok and get a form to apply for an EEA Family Permit. Having just looked at their website I suspect that is a "DEMANDE POUR UN VISA DE LONG SÃ‰JOUR" form that you will need, but the embassy will correct that as necessary. The only other form on their website is the "Demande de visa Schengen" which does not seem appropriate.

Also appreciate that under EU regulations the French Embassy can charge no fee for the application for the EEA Family Permit.

Simon, what are you proposing to do? Exercise your Treaty Rights in France for at least 6 months and then move to the UK using the Surinder Singh route? On a UK-issued EEA Family Permit?

As you have probably already discovered the French Embassy website is at :-

http://www.ambafrance-th.org/

SimonJJ · Post by **SimonJJ** » Tue Jul 17, 2007 2:21 pm

What i'm proposing to do is nothing to do with the MR SINGH ruling (whatever that was)..........it is very simple...........I want to settle permanently with my wife in France....nothing more and nothing less. By the way, this afternoon I had the following email exchange with the French Embassy:

ME: Can I obtain an EEA1 form from the French Embassy?
French Embassy: What is an EEA1?

So I guess people who are advising me to ask for an EEA1 form from the French Embassy are wrong.

Post by **John** » Tue Jul 17, 2007 3:00 pm

Not sure why you keep referring to the form EEA1? That is a form used by BIA here in the UK, and thus I am not surprised that the French Embassy know nothing about it.

I have already posted details of the forms available on the French Embassy, Bangkok, website. If you still have a query about which one to use, your email to the embassy needs to ask, "My wife needs to a apply for an EEA Family Permit, which application form needs to be used?".

Noted .... you do not intend to later move to the UK ... but if ever you do then there is a route available to you, thanks to a ruling of the European Court in a case concerning one Surinder Singh.

Again .. in which way are you proposing to exercise your EU Treaty Rights in France? You are going to be working there? Paying French taxes? The point is this, you need to be exercising your EU Treaty Rights in order for your non-EEA spouse to have those same EU Treaty Rights.

(PS My wife also comes from Thailand, although she has lived in the UK for 6 years and is now a British Citizen.)

SimonJJ · Post by **SimonJJ** » Tue Jul 17, 2007 3:15 pm

I keep referring to the EEA1 because I am advised by many people that this is the common document name used by all EEA countries.......however, your comment contradicts this and the evidence is that you must be correct. Bearing in mind that all long stay Visa Documents are only available in French, are you sure that the French call it an EEA Family Permit and not something like an EEA Permit Familial....indeed on the website there is no reference to anything called a EEA Family Permit or a EEA Permit Familial. The only document that is almost appropriate is the Visa de Long Sejour which specifically mentions that it is a "Long Stay visa for the settlement in France as spouse of a French National"..............this is the route that I am going down but obviously I am not a French national.......or doesn't that matter if I am an EU national?

Many thanks for your assistance in this matter.

flyboy · Post by **flyboy** » Tue Jul 17, 2007 3:18 pm

Firstly, forget altogether about mentioning eea family permit to any schengen country consulate or any other eu member state not part of it, except UK.

You should request from the french embassy an application form for family reunification as a spouse / family member of an EU citizen " i.e. "Long Stay visa for the settlement in France as spouse of an EU National". If the application is successful your wife will be issued with a type D family visa, similar to a schengen visa, and on arrival in france, you register with french authorities in the area you'll be residing , presenting them with evidence that you'll be excersing a treaty right (same evidence that you'll be producing to the french consulate in bangkok when applying for your wife's visa) and your wife will apply for a residence card as a family member of an Eu citizen valid for 5 years.

Post by **John** » Tue Jul 17, 2007 7:59 pm

I keep referring to the EEA1 because I am advised by many people that this is the common document name used by all EEA countries

Let's just put this into a UK context, for a moment. Now I realise that is not correct, but just let's explain about the forms.

At the British Embassy a form VAF1 would be used to obtain an EEA Family Permit. When granted it will result in a 6-month EEA Family Permit. Then when in the UK a 5-year Residence Card will need to be applied for. To get that a form EEA2 would be used. Yes an EEA form! There are 4 main types, all for use in the UK, EEA1 for an EEA Citizen to apply for a Residence Permit, EEA2 for a non-EEA Family Member to get a Residence Card, EEA3 for an EEA Citizen to get a Permanent Residence Permit, and finally a EEA4 for a non-EEA Citizen Family Member to get the same.

But none of that applies to you, as you are not moving to the UK, and you have not (yet) been exercising your Treaty Rights in another EEA country for at least 6 months.

are you sure that the French call it an EEA Family Permit and not something like an EEA Permit Familial

Ah, I did expect you to translate my words into French! Irrespective of the fact that their website fails to mention a type of application, your family member has the right to make the application.

Simon, I have already asked you this twice and got no answer! So for a third time ..... in what way will you be exercising your EU Treaty Rights in France? You will be working there? Paying French taxes?

I keep asking this because your wife only has EU Treaty Rights in France if you are exercising your EU Treaty Rights there .... as indeed has been confirmed by Flyboy.

SYH · Post by **SYH** » Tue Jul 17, 2007 8:43 pm

John wrote:
I keep referring to the EEA1 because I am advised by many people that this is the common document name used by all EEA countries
Let's just put this into a UK context, for a moment. Now I realise that is not correct, but just let's explain about the forms.

At the British Embassy a form VAF1 would be used to obtain an EEA Family Permit. When granted it will result in a 6-month EEA Family Permit. Then when in the UK a 5-year Residence Card will need to be applied for. To get that a form EEA2 would be used. Yes an EEA form! There are 4 main types, all for use in the UK, EEA1 for an EEA Citizen to apply for a Residence Permit, EEA2 for a non-EEA Family Member to get a Residence Card, EEA3 for an EEA Citizen to get a Permanent Residence Permit, and finally a EEA4 for a non-EEA Citizen Family Member to get the same.

But none of that applies to you, as you are not moving to the UK, and you have not (yet) been exercising your Treaty Rights in another EEA country for at least 6 months.

are you sure that the French call it an EEA Family Permit and not something like an EEA Permit Familial
Ah, I did expect you to translate my words into French! Irrespective of the fact that their website fails to mention a type of application, your family member has the right to make the application.

Simon, I have already asked you this twice and got no answer! So for a third time ..... in what way will you be exercising your EU Treaty Rights in France? You will be working there? Paying French taxes?

I keep asking this because your wife only has EU Treaty Rights in France if you are exercising your EU Treaty Rights there .... as indeed has been confirmed by Flyboy.

Its like pulling teeth.

Post by **Directive/2004/38/EC** » Tue Jul 17, 2007 10:02 pm

Wanderer wrote:
Dawie wrote:French: http://eumovement.wordpress.com/info-france/

German: http://eumovement.wordpress.com/info-germany/
Cheers but do u have a link for where to find the German equiv of the EEA Family Permit forms?

Ta!

As others have mentioned, the EEA Family Permit is a UK invention. It is used both for short term tourist visits (a weekend in London spending money), and for moving to the UK to work or study.

The Schengen countries separate the applications up. If you want to visit Germany for tourism as a family member of an EU citizen, then you just apply using the normal Schengen tourist visa form (leaving blank a number of questions). If you want to move to Germany to work and live with you EU citizen family member, that the German embassy advises that you fill out their Residence permit application form (see http://www.london.diplo.de/Vertretung/l ... =Daten.pdf)

SimonJJ · Post by **SimonJJ** » Wed Jul 18, 2007 7:30 am

Yes, I want to go to France to work and pay taxes.....I work freelance online so in theory I can pay taxes in whichever country I reside.

You guys are all very knowledgable about these issues and I am not....please excuse my ignorance when I don't really understand questions such as

"in what way will you be exercising your EU Treaty Rights in France?"

I don't really understand what "exercising your EU Treaty Rights in France" really means.

So to summarize....I am British (and I currently reside in the UK) and I want to settle permanently (working and paying taxes) in France with my Thai wife.

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Long-term Spouse Visa

Long-term Spouse Visa