Status advice needed

[observer_haters]

Hello Everyone
My Thai spouse still waiting for the EEA FP.Now it is 30 working days! Any possible claims, escalate,"Solvit", MP, etc.. were sent.
After a long battle with UKVI finally, has a passport back without interruption visa process.
Additionally, has a multiple entry Schengen visa (type "C") issued by the German embassy. Due to the long waiting time for a family permit, we have come to the conclusion that She can fly to the Ireland first, and we going to the England through Ireland.
My question, if everything goes well (I hope), what kind of status She will be had in England? What should I do next after a happy arrival to England? I'm EU citizen with PR status in the UK.
The second scenario, going to my country, applying for the residence card use Article 10 to entering the UK, but at the moment the first option seems faster I think.
Thank you in advance for any suggestions.
Regards

[Richard W]

Due to the long waiting time for a family permit, we have come to the conclusion that She can fly to the Ireland first, and we going to the England through Ireland.
My question, if everything goes well (I hope), what kind of status She will be had in England? What should I do next after a happy arrival to England?

Her status may hinge on the Immigration (Control of Entry through Republic of Ireland) Order 1972 as amended by the The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2014.

The part that I am unsure of is whether she is a 'visa national'. Ordinarily, a Thai is a visa national, but just possibly, if she is travelling with you, she might not be. This might be a question for JAJ, who seems to understand the Common Travel Area (CTA).

If she is a visa national, and she crosses from the Republic into Northern Ireland with you by land, by the Metock judgement, she will be lawfully present in the UK as the family member of an EEA national. However, she might have entered the UK illegally, as she will not have entered via a port.

I believe there would be no problem about illegal entry if she crossed from the Republic by ferry. I don't think she will be at fault if there is no-one from Immigration to give her an EEA Regulations stamp (popular misnomer: 'code 1A stamp', which is what used to be given) and admit her to the UK. The problem is that if you do meet an Immigration officer, he might refuse to admit your wife. Where did you marry? You might have a problem with a Thai marriage certificate (even I find mine hard to read), though back when I married, just a translation sufficed for the Entry Clearance Officer.

If she were not a visa national, the two of you would be, just like Irish citizens, free of any restrictions on your stay in the UK. (This would survive Brexit.) However, in order not to be 'in breach of the immigration laws', you will depend on your PR. You would revert to normal next time you entered the UK + British islands from anywhere but the Republic.

Once you get home, if your wife has not obtained an EEA Regulations stamp, she should apply for a residence card immediately. If she does receive an EEA regulations stamp, and is eager to work, you could wait a month or two first in the hope that she can persuade an employer to accept it. Be wary of Thai employers - they had a reputation for treating newly arrived Thais badly.

[observer_haters]

First of all thank you very much for your reply @ Richard W you gave me a good homework

We married in Thailand, my fresh marriage certificate is translated into English and certified through Thai ministry of foreign affairs. I'm Polish citizen living in the UK as a permanent resident and can "exercise my treaty rights".

My wife will be travelling alone.
I want to pick up wife from the airport and going by car from Dublin to Belfast then take a ferry to Cairnryan.

Honestly, the "code 1A stamp" is not really important for us, because we don't have intention to stay in the UK more as 1-2 months and then move permanently to Thailand. Perhaps in the meantime finally get a family permit.

One thing what I'm afraid is a refused entry, She'll be having all necessary documents but who knows, what immigration officer want more. Because Schengen visa has been issued in German embassy, for our own peace of mind I will buy an onward ticket to Germany too.

Everything this is very stressful for me...
Thank you once again for your reply, now I know what should I do.
Regards

[dan1988uk]

I don't understand why you are talking about Ireland, she still needs a visa to go to Ireland.

[Richard W]

Given that your wife has a Schengen visa issued by Germany, and if you have no visa from Ireland, who have had massive delays with visas for EEA family members, you might be better off planning to enter Britain on the French or Belgian coast at the juxtaposed border controls. (Or are you aware that Ireland is not part of the Schengen agreement?)

[observer_haters]

I know that Ireland is not the part of the Schengen, but I have been advised enter Ireland
Is much easier (under Directive 2004/38/EC to join spouse.) than trying to enter the UK direct from the France side for example. Now I'm confused

[dan1988uk]

Since you don't want to stay more then 1-2 months the EEA FP should not be applicable for your situation, EEA FP is issued to non EEA family member of EEA National who is living in the UK for more than 3 months or intends to move to the UK for more than 3 months, for 1-2 you can apply for a UK tourist visa with you, EEA Citizen, as sponsor (and it's free of charge as well).

[Richard W]

Since you don't want to stay more then 1-2 months the EEA FP should not be applicable for your situation, EEA FP is issued to non EEA family member of EEA National who is living in the UK for more than 3 months or intends to move to the UK for more than 3 months, for 1-2 you can apply for a UK tourist visa with you, EEA Citizen, as sponsor (and it's free of charge as well).

I can find no backing for your claims. Can you provide evidence?

As far as I understand it, the same family permit is applicable for both cases. Furthermore, I can't find a statement that a visitor's visa is free for EEA family members. What appears to be current guidance to ECOs says that if a family member applies for a visit visa under the immigration rules, they should be invited to apply for a family permit instead.

[observer_haters]

Since you don't want to stay more then 1-2 months the EEA FP should not be applicable for your situation, EEA FP is issued to non EEA family member of EEA National who is living in the UK for more than 3 months or intends to move to the UK for more than 3 months, for 1-2 you can apply for a UK tourist visa with you, EEA Citizen, as sponsor (and it's free of charge as well).

Where did you get such information? Any source?

..."A family permit can be issued for a short visit or to enable the holder to take up residence in the UK. As the document is valid only for six months, a person seeking to enter the UK after that will need to apply for a new one.

Conditions of issue
A family permit will be issued if the applicant is the spouse, civil partner or dependent child of an EEA national and they will be travelling to the UK with that person. There are also requirements connected to the need for the EEA person, if staying for more than three months, to be economically active or to be a self-sufficient person (called "exercising a treaty right") and for the family unit not to fall dependent upon public funds while in the United Kingdom. If staying for less than three months, there is no need to exercise any treaty right..."

In practice, I have several friends who applied for EEA FP and typed the date of visits less than 3 months. They received an FP successfully.

[observer_haters]

Given that your wife has a Schengen visa issued by Germany, and if you have no visa from Ireland, who have had massive delays with visas for EEA family members, you might be better off planning to enter Britain on the French or Belgian coast at the juxtaposed border controls. (Or are you aware that Ireland is not part of the Schengen agreement?)

After a study of everything, however, I decided first go to my country and apply for a residency card, in the meantime, after your suggestion tries to crosses the border from the France. I will see how it goes

[Richard W]

After a study of everything, however, I decided first go to my country and apply for a residency card, in the meantime, after your suggestion tries to crosses the border from the France. I will see how it goes

You're lucky if you can just go to your home country, Poland, and get a residence card that says "family member of an EU national" without having resided in another EEA country with your wife. A Briton in your situation would need an expensive visa for his wife, and the residence permit she would get would *not* say "family member of an EU national".

[observer_haters]

After a study of everything, however, I decided first go to my country and apply for a residency card, in the meantime, after your suggestion tries to crosses the border from the France. I will see how it goes

You're lucky if you can just go to your home country, Poland, and get a residence card that says "family member of an EU national" without having resided in another EEA country with your wife. A Briton in your situation would need an expensive visa for his wife, and the residence permit she would get would *not* say "family member of an EU national".

I know about this, I'm very sorry, add if Briton wants to apply for EEA FP must meet the financial requirements (18 K £) this is really not fair ...

[CR001]

After a study of everything, however, I decided first go to my country and apply for a residency card, in the meantime, after your suggestion tries to crosses the border from the France. I will see how it goes

You're lucky if you can just go to your home country, Poland, and get a residence card that says "family member of an EU national" without having resided in another EEA country with your wife. A Briton in your situation would need an expensive visa for his wife, and the residence permit she would get would *not* say "family member of an EU national".

I know about this, I'm very sorry, add if Briton wants to apply for EEA FP must meet the financial requirements (18 K £) this is really not fair ...

There is no financial requirement for the EEA FP. The financial requirement is for a spouse of a British citizen under the UK immigration rules, which clearly does not at this stage apply to you.

[observer_haters]

After a study of everything, however, I decided first go to my country and apply for a residency card, in the meantime, after your suggestion tries to crosses the border from the France. I will see how it goes

You're lucky if you can just go to your home country, Poland, and get a residence card that says "family member of an EU national" without having resided in another EEA country with your wife. A Briton in your situation would need an expensive visa for his wife, and the residence permit she would get would *not* say "family member of an EU national".

I know about this, I'm very sorry, add if Briton wants to apply for EEA FP must meet the financial requirements (18 K £) this is really not fair ...

There is no financial requirement for the EEA FP. The financial requirement is for a spouse of a British citizen under the UK immigration rules, which clearly does not at this stage apply to you.

I talk about British citizen, not about me @CR001

[TalitaZ]

Hello,

Very interesting thread.
May I ask how you managed to get her passport back?

I am Dutch, living in UK and my husband is from India.
We applied for the EEA FP in Dusseldorf on 27/6 (the office in Amsterdam had no appointments available until weeks later so were advised to go to Dusseldorf), where we were told it would be maximum 15 working days.
We're now at 30 days and nothing yet.. have called and emailed UKVI so many times explaining my husband's Schengen Visa would expire and he would need his passport back but just not receiving any decent reply. Case was 'escalated' 14 working days ago but have not been contacted by anyone.
He is now stuck in Holland without a passport and overstaying his current Visa.
Contacted Solvit, MP, filed a complaint with the HO. Dutch immigration could not extend his Visa without a passport, Indian embassy can only help if your passport is lost or stolen.
We just don't know what to do anymore...
We would have never applied from Europe on a Schengen Visa if we knew it would take so long, we trusted UKVI would follow the EU law and went by processing times on the website and what we were told at the application center.

Any advice on how you got her passport back without withdrawing the application would be great to know!

Thanks
Talita

[Richard W]

I know about this, I'm very sorry, add if Briton wants to apply for EEA FP must meet the financial requirements (18 K £) this is really not fair ...

No, in the rare cases when the family of a Briton qualify, it is 'free'. Additionally, for a single *visit*, the spouse of a Briton gets the subsidised price of just under £90 for a visit visa, just like everyone else.

[observer_haters]

Hello,

Very interesting thread.
May I ask how you managed to get her passport back?

I am Dutch, living in UK and my husband is from India.
We applied for the EEA FP in Dusseldorf on 27/6 (the office in Amsterdam had no appointments available until weeks later so were advised to go to Dusseldorf), where we were told it would be maximum 15 working days.
We're now at 30 days and nothing yet.. have called and emailed UKVI so many times explaining my husband's Schengen Visa would expire and he would need his passport back but just not receiving any decent reply. Case was 'escalated' 14 working days ago but have not been contacted by anyone.
He is now stuck in Holland without a passport and overstaying his current Visa.
Contacted Solvit, MP, filed a complaint with the HO. Dutch immigration could not extend his Visa without a passport, Indian embassy can only help if your passport is lost or stolen.
We just don't know what to do anymore...
We would have never applied from Europe on a Schengen Visa if we knew it would take so long, we trusted UKVI would follow the EU law and went by processing times on the website and what we were told at the application center.

Any advice on how you got her passport back without withdrawing the application would be great to know!

Thanks
Talita

I had the opportunity keep my passport earlier, before the application has been placed(payable option 50 £), but I did not use such an option because I did not suppose thought the visa process will be delayed so long in handling case, contrary to the information given on the site(will last for 15 working days).
UKVI want to give a passport back but they said If I withdrawn passport then my application will be rejected. I did not agree of course. Every two days I sent it an email to Sheffield with asking to return my passport without interrupting the application. After 10 emails they agreed...
I don't how if that work in Germany But in your case, you should contact https://uk.tlscontact.com/de/ber/index.php
But take into account all decisions are made in Sheffield

[observer_haters]

I know about this, I'm very sorry, add if Briton wants to apply for EEA FP must meet the financial requirements (18 K £) this is really not fair ...

No, in the rare cases when the family of a Briton qualify, it is 'free'. Additionally, for a single *visit*, the spouse of a Briton gets the subsidised price of just under £90 for a visit visa, just like everyone else.

But the minimum income requirement is unacceptable...
http://www.migrationobservatory.ox.ac.u ... -the-uk-2/

[Richard W]

But the minimum income requirement is unacceptable...
http://www.migrationobservatory.ox.ac.u ... -the-uk-2/

That's for when one doesn't qualify for a family permit. And yes, the income level is a problem for many.

[TalitaZ]

Hello,

Very interesting thread.
May I ask how you managed to get her passport back?

I am Dutch, living in UK and my husband is from India.
We applied for the EEA FP in Dusseldorf on 27/6 (the office in Amsterdam had no appointments available until weeks later so were advised to go to Dusseldorf), where we were told it would be maximum 15 working days.
We're now at 30 days and nothing yet.. have called and emailed UKVI so many times explaining my husband's Schengen Visa would expire and he would need his passport back but just not receiving any decent reply. Case was 'escalated' 14 working days ago but have not been contacted by anyone.
He is now stuck in Holland without a passport and overstaying his current Visa.
Contacted Solvit, MP, filed a complaint with the HO. Dutch immigration could not extend his Visa without a passport, Indian embassy can only help if your passport is lost or stolen.
We just don't know what to do anymore...
We would have never applied from Europe on a Schengen Visa if we knew it would take so long, we trusted UKVI would follow the EU law and went by processing times on the website and what we were told at the application center.

Any advice on how you got her passport back without withdrawing the application would be great to know!

Thanks
Talita

I had the opportunity keep my passport earlier, before the application has been placed(payable option 50 £), but I did not use such an option because I did not suppose thought the visa process will be delayed so long in handling case, contrary to the information given on the site(will last for 15 working days).
UKVI want to give a passport back but they said If I withdrawn passport then my application will be rejected. I did not agree of course. Every two days I sent it an email to Sheffield with asking to return my passport without interrupting the application. After 10 emails they agreed...
I don't how if that work in Germany But in your case, you should contact https://uk.tlscontact.com/de/ber/index.php
But take into account all decisions are made in Sheffield

Wow, that's great you managed to do that. Thanks for your quick reply. I have also emailed them every two days asking for this but they never sent me any decent reply. I have just been getting the generic 'your case is escalated and someone will be in touch' replies. Last email they did not even bother to reply at all!
So when the decision is made, where will you get the Visa from, given they don't have the passport? (Just interested how this will work once you are in the UK)

I have also been thinking about withdrawing the application and taking a train from Brussels or France and asking for an EEA dependant stamp, but given my husband's current Schengen Visa is now expired it feels like a very bad idea. I asked an immigration lawyer and they said that while his EEA FP application is still in process the Schengen overstay would be justifiable (as it's not his fault) and he is technically not illegal.
If we withdraw the application it becomes a more complicated situation. Seems we are just stuck in limbo here.