Is Surinder Singh Possible

[naija99]

Hi all,

I have a friend who is considering marrying a Chinese national who has overstayed her visa. The plan is for her to return to China and apply for either a spouse or a fiance visa from there.

However, my friend is retired and will be relying on cash savings of over £16,000. But he wishes to retire in Spain.

Is there anyway possible for him to travel to Spain and reside there permanently with his Chinese partner.

Is surinder singh possible?

[vinny]

What is your friend's nationality?

[naija99]

Thanks vinny, he's British and currently present and settled in the UK but would like to retire in Spain asap

[vinny]

If he's going to retire in Spain and not in the UK, then surinder singh isn't applicable. That route is for family members of British citizens wanting to go to the UK.

He and his wife may use Directive 2004/38/EC and go to live in Spain. He may exercise his treaty rights in Spain as a British citizen.

[naija99]

So would he use that directive to apply fr her to join him in Spain once he has moved there?

Is that under EU route then?
Would you mind explaining the procedure and requirements?

[chaoclive]

See this thread:

http://www.immigrationboards.com/viewtopic.php?t=15545

LOADS of info on the Directive here. A quick search on Google will give you even more info.

Also, you/they need to specifically contact the Spanish Embassy which is nearest to the place where the application will be made (e.g. if it's being made in China, then you probably need to speak to the Spanish Embassy in Beijing or Shanghai) to see if they have an specific requirements (even though they shouldn't).

Good luck
CC

[chaoclive]

See this thread:

http://www.immigrationboards.com/viewtopic.php?t=15545

LOADS of info on the Directive here. A quick search on Google will give you even more info.

Also, you/they need to specifically contact the Spanish Embassy which is nearest to the place where the application will be made (e.g. if it's being made in China, then you probably need to speak to the Spanish Embassy in Beijing or Shanghai) to see if they have an specific requirements (even though they shouldn't).

Good luck
CC

[naija99]

Thank you chaoclive!

[naija99]

Hi forum
We've read loads of info on the Directive but still confused.
Can anyone advise what would be the best option for my British national friend who wishes to retire in Spain.

His partner doesn't mind returning back to Macau/China and then applying for the appropriate visa to join him in Spain.

But which visa would this be?

[naija99]

It seems all too risky for them to travel straight to Spain from the UK as she is currently an overstayer.

They're also not yet married and this would probably prove difficult since her visa has expired.

[chaoclive]

There was a case that ruled that a person's current immigration status doesn't preclude them from applying for a visa under the Directive on Free Movement. Not sure of the case but I guess some of the more experienced members will know.

If she was to apply for a visa for Spain, she (in theory) can't be refused for being an overstayer. However, it would be difficult if they weren't married.

[naija99]

Thanks for this info
I would be grateful if one of the experienced members would outline the two options I.e. applying under the directive and also applying from Macau/china.
What's forms should be used, supporting documents etc

[chaoclive]

No matter which you choose their situation would be enhanced by being married. Of course, British nationals who are resident in the UK would not have a right to apply under the Spanish national immigration laws. They can definitely apply under the Directive. A little more looking around would definitely locate this info.

It's unlikely that anyone will be able to advise you about which forms the Spanish Embassy requires that applicants use. For these, please find the Spanish Embassy website for the area where you will be applying. This can definitely be located via Google. Alternatively, email the Embassy and ask for the form to be sent over.

I don't think many people have time to provide the level of detail that you require. Most people on here can answer specific questions which are puzzling you, but few will actually take the time to write about the specific process, especially when it should be available via Google and/or by asking the Embassy.

[naija99]

Thanks chaoclive, I understand.

So to be clear, there are 3 options once they are married:
1) They travel direct from UK to Spain under Directive
2) They apply for a schengen visa - would the husband then be required to work as the whole point is that he wishes to retire. What happens after the 90 days?
3) They return to Macau and then apply for a visa from there. Would this also be under the directive or a schengen or a EEA fam permit?

[chaoclive]

1) Traveling direct to Spain will be risky if they don't have a visa as the airline probably won't allow them to board the flight. This is nothing to do with Spanish immigration. Immigration officials should allow them entry. I'd advise contacting the Spanish Embassy to arrange for getting a visa to be safe.

2) See above. He doesn't need to work if he is retiring. He can be self-sufficient (relying on his own savings/income from other businesses overseas etc) IF they (I think both of them) have medical insurance. Again, contacting the Spanish Embassy to see what type of insurance they would require is advised.

3) Of course they should be getting a visa from the Spanish Embassy in Macau. An EEAFP is the name for the visa issued under the Directive by the UK. An EEAFP has no value at all in another country.

Please note: I'm not a lawyer nor an immigration adviser. I'd recommend always contacting the Embassy in advance of travel. There are threads on this forum which should help you further. At the very least, I'd advising reading this: http://immigrationboards.com/viewtopic.php?t=95372

You're going to a lot of hassle for a friend who, being British, should be able to do this research himself.

[naija99]

Thanks chaoclive, I will relay all this info to my friend.
He is a good friend and not very internet savvy!

[chaoclive]

If he's gonna make this work, I think he will need to get used to finding info online. There will be much more complex hurdles when he actually gets to Spain and tries to get a residence card/permit for his wife!

You might want to teach him how to do information searches just in case.

[treena.oakley]

To confirm:

Free Movement blog highlights relevant information for travelling without a visa. It is possible to travel without one, but is always easier with one.

After the first three months your friend would need to register as living in Spain and exercising his right to free movement. At the same time his wife/partner should also apply for a residence card (it should be before 3 months is up, otherwise there could be a penalty). Your friend would register as a self-sufficient person living in another EEA/EU country and would be required to:

have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State (Directive Article 7)

Each Member State determines what "comprehensive sickness insurance" means and will vary widely. Your friend should check with Spanish Immigration to be sure they have the right coverage. This page on Europa details information about health care that may be useful for him to read.

I'll echo chaoclive's comment that it is a good idea to get your friend familiar with finding some information on the internet. Maybe even just setting him up with some bookmarks/links to the directive, to Europa.eu, and Spanish immigration website so that he can read through and educate himself about his rights and his partner's rights.

[simy rathour]

Hii friend, I am from India France high commission issued me 2 time business visa,1 time with wife I have travelled France in feb,2013 for 1 week alone now i want to visit again france with my family including 2 kids in 2014,i want know that this is possible that high commission will issued visa us? I have 2 time france visa for 1 month each time,i have travelled new Zealand, uk Australia,turky,singapoe, Thailand ,Malaysia and more please tell me

[naija99]

Is it possible to apply at the German embassy in china for a Schengen visa to Spain?

[chaoclive]

Apply to the Spanish Embassy in China...

You will have to show them where you will travel. The German Embassy won't give you a visa if you say you're going to Spain.

Having said that, you will be able to enter Spain with a visa from the German Embassy. However, if you don't go to Germany there might be problems with getting a visa from the German Embassy next time (I've heard of it happening; don't know how they know where you've been,....but they seem to be able to find out).

Good luck
CC