UK citizen to UK with non EEA spouse - via France

[Graham Weifang]

Hello all,

Here are our details,
We wish to use the Surinder Singh rule to access the UK.

I am British citizen and UK passport holder.
My wife is Chinese citizen, Chinese passport holder, who reads, writes and speaks English to ESOL 98% pass mark.
We have known each other for 4 years.
Of those 4 years, we have lived together as husband and wife for 3 years
We have been married for 1 year.
We have extensive history, flights, hotels, and package holidays, of the many holidays we have enjoyed together as a couple through the 4 years.
We have no children as yet.
We currently live in China, and wish to use the Surinder Singh rule to access the UK.


Are these steps correct, and if not, could some kind person edit and correct them.

1/ Her gets a Schengen visa from the French embassy in Beijing, free as it's due to her being married to me, an EU national.
Q1/ Is a standard Schengen visa ok, or would she need a visa for private and family life (vie privée et familial)


2/ We both fly to France together, land in Paris.


3a/ Rent a small apartment for minimum 3 months, in a cheap area.
Q3/ I believe that rental in France is undertook in years rather than months, and some thing like 3 months is just seen as holiday rental, with price to match, is it difficult to find short term rental, or just that much more expensive?


3b/ We both open savings bank accounts, with our same address.
Q3b/ I believe just one account in my name will do, so is there really no advantage in opening up an account for both of us, while in the bank?


3c/ We would have the electricity and any other services placed into our joint names, at this address, while we rent the place.
Q3c/ I believe that it is not essential, so is the rental contract sufficient to prove we live there?


3d/ It is our plan that as soon as we arrive in France, I (the EU [UK]) citizen, will take the ferry as a foot passenger to Dover, where I will return same day, on the ferry with my UK registered, M.o.T. and insured car.


4/ Her (we) go to the foreigners office of the local commune town hall, and change her Schengen visa into a residence permit, which will probably be valid for 1 year or 5 years.
Q4/ Is there no fixed residence permit (carte de séjour ) and either 1-year temporary carte de séjour or 5-year one would be quite satisfactory?


5/ I (the EU [UK]) national gets – finds legal paid work in my friend’s shop, and in so doing, I register at the local commune tax office that I am working.
Q5/ What would be the options to “be self employed” I believe in France it it’s called “Auto Entrepreneur”. Basically I understand that I can register as self employed perhaps as a ‘handyman’. This will get me into the system with health care, my own tax number etc.

6/ I should pay any taxes due for the next 3 months, but as the tax system is “yearly based” how do I pay taxes, to prove that I have worked?
Do I simply just not need to pay taxes on what little earnings I make?
Is there a self declaration regarding how much I earned?


7/ After 2 months, her applies at the UK embassy in Paris, for UK entry clearance, based on the fact that I am "exercising our treaty rights" and she will apply for EEA family permit
Q7/ Is this where I am “exercising my EU economic treaty rights in France”. Does this need to be writtem on the application?


8/ I drive our car to the DFDS or P&O ferry terminal at Calais or Dunkirk, and then proceed to the immigration offices of the UKBA, where she should get an entry clearance stamp in her passport.
Q8/ Is there any more requirement for us to demonstrate any thing?


9/ Once allowed entry into UK, by Calais immigration, we can now board the ferry.


9a/ After arrival in UK, she would then complete EEA2 form, which is her application for UK residence card, and would give her 5 years residency in UK.
Q9a/ How long after arrival in UK, should she complete form EEA2,?


10/ After 5 years in UK, and not being out of UK for more than 6 months in any 12 months, she should be granted permanent residence in UK.
I have read that she is allowed time out of UK, can someone please give a little bit more clarification here?




Please comment on the step by step, and time lines, etc.


Gra

[Lucapooka]

Will you be working in France? That is all that matters.

[Graham Weifang]

Hello Luca,

Most definitely plan to work in France.

Gra

[frei]

Hello Luca,

Most definitely plan to work in France.

Gra

After working for a short time in France, at least 3 months, you will be able to apply for an EEA-FM for your spouse. You will be treated as an EEA citizen for this application.

[ukforever]

Hello all,

Here are our details,
We wish to use the Surinder Singh rule to access the UK.

I am British citizen and UK passport holder.
My wife is Chinese citizen, Chinese passport holder, who reads, writes and speaks English to ESOL 98% pass mark.
We have known each other for 4 years.
Of those 4 years, we have lived together as husband and wife for 3 years
We have been married for 1 year.
We have extensive history, flights, hotels, and package holidays, of the many holidays we have enjoyed together as a couple through the 4 years.
We have no children as yet.
We currently live in China, and wish to use the Surinder Singh rule to access the UK.


Are these steps correct, and if not, could some kind person edit and correct them.

1/ Her gets a Schengen visa from the French embassy in Beijing, free as it's due to her being married to me, an EU national.
Q1/ Is a standard Schengen visa ok, or would she need a visa for private and family life (vie privée et familial)


2/ We both fly to France together, land in Paris.


3a/ Rent a small apartment for minimum 3 months, in a cheap area.
Q3/ I believe that rental in France is undertook in years rather than months, and some thing like 3 months is just seen as holiday rental, with price to match, is it difficult to find short term rental, or just that much more expensive?


3b/ We both open savings bank accounts, with our same address.
Q3b/ I believe just one account in my name will do, so is there really no advantage in opening up an account for both of us, while in the bank?


3c/ We would have the electricity and any other services placed into our joint names, at this address, while we rent the place.
Q3c/ I believe that it is not essential, so is the rental contract sufficient to prove we live there?


3d/ It is our plan that as soon as we arrive in France, I (the EU [UK]) citizen, will take the ferry as a foot passenger to Dover, where I will return same day, on the ferry with my UK registered, M.o.T. and insured car.


4/ Her (we) go to the foreigners office of the local commune town hall, and change her Schengen visa into a residence permit, which will probably be valid for 1 year or 5 years.
Q4/ Is there no fixed residence permit (carte de séjour ) and either 1-year temporary carte de séjour or 5-year one would be quite satisfactory?


5/ I (the EU [UK]) national gets – finds legal paid work in my friend’s shop, and in so doing, I register at the local commune tax office that I am working.
Q5/ What would be the options to “be self employed” I believe in France it it’s called “Auto Entrepreneur”. Basically I understand that I can register as self employed perhaps as a ‘handyman’. This will get me into the system with health care, my own tax number etc.

6/ I should pay any taxes due for the next 3 months, but as the tax system is “yearly based” how do I pay taxes, to prove that I have worked?
Do I simply just not need to pay taxes on what little earnings I make?
Is there a self declaration regarding how much I earned?


7/ After 2 months, her applies at the UK embassy in Paris, for UK entry clearance, based on the fact that I am "exercising our treaty rights" and she will apply for EEA family permit
Q7/ Is this where I am “exercising my EU economic treaty rights in France”. Does this need to be writtem on the application?


8/ I drive our car to the DFDS or P&O ferry terminal at Calais or Dunkirk, and then proceed to the immigration offices of the UKBA, where she should get an entry clearance stamp in her passport.
Q8/ Is there any more requirement for us to demonstrate any thing?


9/ Once allowed entry into UK, by Calais immigration, we can now board the ferry.


9a/ After arrival in UK, she would then complete EEA2 form, which is her application for UK residence card, and would give her 5 years residency in UK.
Q9a/ How long after arrival in UK, should she complete form EEA2,?


10/ After 5 years in UK, and not being out of UK for more than 6 months in any 12 months, she should be granted permanent residence in UK.
I have read that she is allowed time out of UK, can someone please give a little bit more clarification here?




Please comment on the step by step, and time lines, etc.


Gra

hi gra,

u need to make sure u get all your paper work ready before u travel,your passports,marriage certificate , and work contract,payslips or a paper from the french authorities stating you are a self employed person so exercising your treaty rights , make sure also to have proofs on your joint names regarding tenancy agreement , utility bills and if possible apply for a residence card ,i know its going to be almost impossible to get a residence card in paris in less then 3 month time,but at least u are going to get a *récépissé* witch is an aknowlegement of your wife's application for residence card application in the *prefecture*.

then you will be good to go,even though u did not get the residence card on time,it is important that if the receipt expires
you need to renew it for another 3 months..its not necessary but it will help the embassy to see that u are living together as a proof,or in the case u want to try to cross the calais-dover borders without the family permit..

nevertheless,make sure everything is spot on,that makes no room for delays or errors,and don't give them the chance to turn u down for technicalities,because they can..!!!print out all the relevant case laws,directives,emails,judgement cases,everything that is relevant to your case...

once u are in the uk,your wife can apply for residence card if you wish the next day of your arrival,make sure to supply the required paper work regarding proofs u did exercise your treaty rights in France ,and remember,it does not matter if you are/need to be a qualified person after the initial 3 months residency in the uk,as all eea/eu citizens need to be qualified persons and there is many ways on how to prove it,it doesn't apply to your case,your case would be under the surinder singh route,witch means all what matters is what u did in france and how u exercised your treaty rights as i mentioned already above..

they can't ask you to prove that u are a qualified person in the uk,as u are british and can't exercise treaty rights in your own country,and this is what u need to keep in mind when applying for RC and then PR,u need to supply the same paper work that you would submit in your family permit application,or residence card,or for permanent residence after 5 years of residency,in the uk.

good luck.

[Graham Weifang]

Hi ukforever

hi gra,

u need to make sure u get all your paper work ready before u travel,your passports,marriage certificate , and work contract,payslips or a paper from the french authorities stating you are a self employed person so exercising your treaty rights , make sure also to have proofs on your joint names regarding tenancy agreement , utility bills and if possible apply for a residence card ,i know its going to be almost impossible to get a residence card in paris in less then 3 month time,but at least u are going to get a *récépissé* witch is an aknowlegement of your wife's application for residence card application in the *prefecture*.

Is the "less than 3 months" because Paris is so busy?
We are looking to base ourselves down towards Perpignan area.
Would we be able to perform the document submissions there, or would we need to travel to Paris for this?

then you will be good to go,even though u did not get the residence card on time,it is important that if the receipt expires
you need to renew it for another 3 months..its not necessary but it will help the embassy to see that u are living together as a proof,or in the case u want to try to cross the calais-dover borders without the family permit..

I have heard that it is possible to travel to UK with just the *récépissé* backed up with a suitcase full of documents.
Also heard that we could be really delayed at Calais, by UKBA, going through every thing with a fine toothed comb.
I think we may decide to wait for the French carte de sejour - residence permit.

nevertheless,make sure everything is spot on,that makes no room for delays or errors,and don't give them the chance to turn u down for technicalities,because they can..!!!print out all the relevant case laws,directives,emails,judgement cases,everything that is relevant to your case...

This what worries us.

once u are in the uk,your wife can apply for residence card if you wish the next day of your arrival,make sure to supply the required paper work regarding proofs u did exercise your treaty rights in France ,and remember,it does not matter if you are/need to be a qualified person after the initial 3 months residency in the uk,as all eea/eu citizens need to be qualified persons and there is many ways on how to prove it,it doesn't apply to your case,your case would be under the surinder singh route,witch means all what matters is what u did in france and how u exercised your treaty rights as i mentioned already above..

I am not exactly sure what this means "it does not matter if you are/need to be a qualified person after the initial 3 months residency in the uk"
Can you please explain this?

they can't ask you to prove that u are a qualified person in the uk,as u are british and can't exercise treaty rights in your own country,and this is what u need to keep in mind when applying for RC and then PR,u need to supply the same paper work that you would submit in your family permit application,or residence card,or for permanent residence after 5 years of residency,in the uk.

good luck.

Thanks for the reply,

It is becoming more clear.
I am just a little confused on the "qualified person " stuff.

Does it mean the fact that I am a "qualified engineer" ? or am I barking mad for thinking such daft "qualified person"


Gra

[vinny]

UK's definition: qualified person.

You have to satisfy 9.

[Graham Weifang]

Most excellent Vinny,

Thank you.


Gra.

[Directive/2004/38/EC]

Working is the key. Read http://eumovement.wordpress.com/2011/12 ... -a-worker/