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    My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

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    makem
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    My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by makem on 15/02/11, 07:13 pm

    Right or wrong?

    Ok this page:

    Information for applicants on the new English language requirement for partners

    http://www.ukba.homeoffice.gov.uk/sitecontent/documents/partners-other-family/guidance-for-applicants.pdf

    Says:

    The new English requirement does not apply to the following groups of applicants:

    spouse or partner of Tier 1 and Tier 2 visa applicants

    spouse or partner of a student

    visitors

    refugees or spouses of refugees applying on the basis of family reunion

    dependent children

    spouse or partner of an EEA national

    So, who IS an EEA National?

    EEA and Swiss nationals - visa application guide

    http://www.ukvisas.gov.uk/en/howtoapply/infs/inf18eeaswissnationals

    Says:

    This guide explains how European Economic Area (EEA) and Swiss nationals, and members of their family, can enter, live and work in the UK

    Questions

    * Am I a national of the EEA?

    Answer:

    The following countries are members of the European Economic Area (EEA).

    United Kingdom

    So, I think I am being quite reasonable in saying that I AM an EEA National and as such my spouse or partener DOES NOT need to show that she can speak and understand English.

    Next question - how can you apply that without risking being refused FLR at the last minute when some UKBA urk says 'your wife needs A1'?

    There must be an independant place where you can resolve this without asking the same people who make the day to day judgements of your wifes rights to stay.
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by davidmckendrick on 15/02/11, 07:22 pm

    Hi Eric,
    No EEA national requires to speak or understand English to come to the UK from other parts of the EEA. I think however that the UKBA does not regard the wives of British Citizens as the family of EEA nationals entering or living in the UK. But you can always try arguing with them! I'm still arguing with them about a passport that was lost while in their care 13 months ago so do not expect a successful or speedy resolution to your argument.
    David
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by makem on 15/02/11, 07:56 pm

    davidmckendrick wrote:Hi Eric,
    No EEA national requires to speak or understand English to come to the UK from other parts of the EEA. I think however that the UKBA does not regard the wives of British Citizens as the family of EEA nationals entering or living in the UK. But you can always try arguing with them! I'm still arguing with them about a passport that was lost while in their care 13 months ago so do not expect a successful or speedy resolution to your argument.
    David

    Not talking about travel David. Talking about taking the A1 test. However it will follow if my suggestion is correct.
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by handyal on 15/02/11, 10:13 pm

    Nice try, but Iv'e already asked that question?
    Even travel is a form of tempory migration. I agree with your arguement Eric, it's a contradiction but if you are a British citizen living in the UK then you are not an EEA national - you are a British citizen ! The regulations apply to your wife, not you, but they are grossly unfair.

    http://www.ukba.homeoffice.gov.uk/sitecontent/documents/partners-other-family/guidance-for-applicants.pdf
    Who will the requirement affect?
    From 29 November 2010, any migrant applying to enter the UK or applying to remain in the UK as the partner of a British citizen or a person settled here will need to show that they can speak and understand English.
    An applicant will need to meet the requirement if they are:


    1. a national of a country outside the European Economic Area and Switzerland; and
    2. in a relationship with a British citizen or a person settled here; and
    3. applying as that persons husband, wife, civil partner, fiance(e), proposed civil partner, unmarried partner or same-sex partner.
    The new English requirement does not apply to the following groups of applicants:


    1. spouse or partner of Tier 1 and Tier 2 visa applicants
    2. spouse or partner of a student
    3. visitors
    4. refugees or spouses of refugees applying on the basis of family reunion
    5. dependent children
    6. spouse or partner of an EEA national
    7. spouse or partner of a member of the armed forces applying under Part 7 of the Immigration Rules
    8. applicants for indefinite leave to remain



    As some members know these new regulations and the extension of the regulations to partners already in the UK (which was never previously mentioned) has had a serious impact on Lings Visa. Her Visa expires in 5 weeks.
    The new test providers require you to make an appointment and certificates take approx 1 month to issue. (If you pass).

    I had already submitted to the fact that I would have to apply for FLR to allow more time for Ling to pass her ESOL in order to gain ILR. This isn't her fault, my local college's didn't provide ESOL with British citizenship material last year.
    They have only offered the correct courses from Sept 2010.

    I never saw the new requirement for partners until the end of January.
    I spoke to the UKBA and they stated that if we cannot supply the A1 test certificate then Ling will have to return to China.
    They are only following and enforcing the Governments new regulations.

    I have written to my MP, my local Conservative candidate, and by request to the Immigration Department of the Labour Party.
    My Conservative candidate has written to Damian Green about my situation. As yet I am waiting for a reply.

    The UKBA website page for 'New regulations for Partners' is dated 23/11/10.
    It is intended to announce the new regulations which started on 29/11/10.
    http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/26-english-language-partners

    New English language requirement for partners


    23 November 2010
    You must now show that you can speak and understand English if you are a non-European migrant and you want to enter or extend your stay in the UK as the partner of a British citizen or a person settled here.
    This requirement was introduced on 29 November 2010. You must meet the requirement if:

    Can you spot the error with this page ???
    No !
    This requirement was introduced on 29 November 2010.

    Dated the 23/11/10, if it was posted to inform of new upcoming regulations from 29/11/10, then it would have read:
    This requirement will be introduced on 29 November 2010.

    Oops! Someone at the UKBA has dropped a clanger.

    Proof that this page was written after 29/11/2010 - much later in my opinion !
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by makem on 15/02/11, 10:38 pm

    handyal wrote:
    The new English requirement does not apply to the following groups of applicants:



    1. spouse or partner of Tier 1 and Tier 2 visa applicants
    2. spouse or partner of a student
    3. visitors
    4. refugees or spouses of refugees applying on the basis of family reunion
    5. dependent children
    6. spouse or partner of an EEA national


    I AM an EEA National or so they say. My wife is a spouse.

    So, according to what you write above and what I said before SHE does not need!

    Surely the words above cannot be put more plainly?


    Last edited by makem on 15/02/11, 10:41 pm; edited 1 time in total
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by handyal on 15/02/11, 10:39 pm

    Eric,
    Read further down the list of frequently asked questions.

    I am a British citizen. Can my family members apply for an EEA family permit to join me in the UK?


    Although the UK is also a member of the EEA, the information in this guidance does not, in general, relate to British citizens and their family members.
    However if a British citizen is living in another EEA country, their non-EEA family members can apply for an EEA family permit to join them on their return to the UK. This is subject to the following conditions

    • the British citizen is residing in an EEA Member State as a worker or self-employed person or was doing so before returning to the UK; and
    • if the family member of the British citizen is their spouse or civil partner, they are living together in the EEA country or they entered into the marriage or civil partnership and were living together in that EEA country before returning to the UK.


    So technically for the purpose of Immigration and travel around Europe a British citizen living in the UK who has a non EEA wife is discriminated against for being British and living in his own Country !

    It seems the UK is a part of the EEA but the British citizen isn't ?
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by makem on 15/02/11, 10:42 pm

    handyal wrote:Eric,
    Read further down the list of frequently asked questions.

    I am a British citizen. Can my family members apply for an EEA family permit to join me in the UK?



    But she don't want a Family Permit!

    She just does not want to have to take the bliddy test lol
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by handyal on 15/02/11, 10:46 pm

    Even a non EEA wife of an EEA national who was regarded as 'settled' in the UK would have to meet the new language requirements.

    An applicant will need to meet the requirement if they are:


    1. a national of a country outside the European Economic Area and Switzerland; and
    2. in a relationship with a British citizen or a person settled here; and
    3. applying as that persons husband, wife, civil partner, fiance(e), proposed civil partner, unmarried partner or same-sex partner.
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by makem on 15/02/11, 10:55 pm

    handyal wrote:Even a non EEA wife of an EEA national who was regarded as 'settled' in the UK would have to meet the new language requirements.

    An applicant will need to meet the requirement if they are:


    1. a national of a country outside the European Economic Area and Switzerland; and
    2. in a relationship with a British citizen or a person settled here; and
    3. applying as that persons husband, wife, civil partner, fiance(e), proposed civil partner, unmarried partner or same-sex partner.

    Ok Alan

    a) You are wrong in the statement:

    Even a non EEA wife of an EEA national who was regarded as 'settled' in the UK would have to meet the new language requirements.

    Because it says:

    a national of a country outside the European Economic Area and Switzerland; AND

    etc AND etc

    So that does not relate to an EEA members spouse.

    However:

    b) you are correct in that is says she does need to take the test.

    So, that is why I asked the question originally, 'am I right or am I wrong?'

    One place says I am right, another says I am wrong.

    Hence I suggest an independant person needs to decide, not the makers of the conflicting rules.
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by handyal on 16/02/11, 07:39 am

    makem wrote:
    handyal wrote:Even a non EEA wife of an EEA national who was regarded as 'settled' in the UK would have to meet the new language requirements.

    An applicant will need to meet the requirement if they are:


    1. a national of a country outside the European Economic Area and Switzerland; and
    2. in a relationship with a British citizen or a person settled here; and
    3. applying as that persons husband, wife, civil partner, fiance(e), proposed civil partner, unmarried partner or same-sex partner.


    Ok Alan

    a) You are wrong in the statement:

    Even a non EEA wife of an EEA national who was regarded as 'settled' in the UK would have to meet the new language requirements.

    Because it says:

    a national of a country outside the European Economic Area and Switzerland; AND

    etc AND etc

    So that does not relate to an EEA members spouse.


    The regulations refer to the applicant, i.e. In our case our wives.
    She is Chinese, therefore she is a national of a country outside the EEA and Switzerland. She would need to take the A1 test if she wanted to enter or remain in the UK as the spouse of a British citizen or an EEA national present and settled in the UK.

    I'm guessing the UK does not have the same recipicol agreements with the rest of the EEA and controls it's own borders seperately to that of the rest of the EEA.

    It also brings us back to the same arguement as to why your wife needs a Schengen Visa to visit the rest of the EEA countries.
    The Chinese wife of an EEA citizen can freely move around Europe, but the Chinese wife of a British citizen resident in the UK can't.

    I agree Eric it's seems totally unfair and we as British citizens seem discriminated against for marriage to a non EEA citizen.
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by makem on 16/02/11, 11:41 am

    handyal wrote:

    It also brings us back to the same arguement as to why your wife needs a Schengen Visa to visit the rest of the EEA countries.
    The Chinese wife of an EEA citizen can freely move around Europe, but the Chinese wife of a British citizen resident in the UK can't.

    I agree Eric it's seems totally unfair and we as British citizens seem discriminated against for marriage to a non EEA citizen.

    Just an update on my submission to SOLVIT:

    http://ec.europa.eu/solvit/

    They have taken up the case for me and I recently asked for an update. I was told it has been passed to the French Authorities and a reply is waited. Knowing the EU I will have a long wait, but it has not been forgotten.

    This is the reason for the 'case' as seen by SOLVIT:

    However, as France have decided to recognise visas issued in other Member States, they should recognise a visa issued under UK national legislation as well as under EU legislation.

    latest email:

    Good morning Mr Watson

    The case is on SOLVIT but I do not yet have any news.

    Chris

    so we wait with crossed fingers/legs/arms Smile

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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by davidmckendrick on 20/02/11, 04:49 pm

    Hi Eric,
    I came across this while I was looking for something else today. I have provided a link.
    David

    If your family members are not living in another EEA member state or Switzerland, or if they are living there without permission, the UK Government expects them to meet the requirements of UK immigration law, rather than European Community law. This means it is usually more difficult for them to come to the UK. For example, your children must be under 18 and you must be able to show that you can support your spouse or civil partner and children without needing to claim welfare benefits. Find out more about applying to come to the UK.

    http://www.ukcisa.org.uk/student/eea.php
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by Beijing2008 on 20/02/11, 05:04 pm

    Eric it is very easy, I wrote in a topic about EC/EER Directives; the exception is only for citizen from OTHER EER/EC country who lives in the UK.
    It would also apply for your wife, after you moved to The Free World Across The Channel ,or Ireland.She wouild have the right to join you, and after 4 months in the other EC/EER country , go back to UK, and meet no restrictions neither to be forced to do a languagetest.Since she has followed YOUR EER rights.After registration in UK you apply for the test on EC/EER rights, and she will get an EC/EER permit to stay in the UK for 5 yrs.

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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by gian60 on 27/02/11, 02:58 pm

    Hello all.

    it's been a while since I was here last.
    I got married while in China and only intended to stay there for one month, but ended up living there for nine wonderful months with my lovely wife.
    I had to return to the UK for certain reasons and my wife had to stay in China, I arrived back in the UK last July and a lot has happened since then.
    I have secured a full time job and also got a nice flat, I knew nothing of the new English test until about September, by then it was too late to do anything quickly.
    my wife recently applied for a visitor visa to come here and was refused on the grounds that my salary was not enough. my salary by the way is between 260 and 340 take home each week, after tax.
    the new law is barbaric and unfair. one law for Eu members and another for none Eu members. it's only a matter of time I think when we will see this new law going to the courts of human rights.
    it is a fact that there are countless people from the Eu who live here and cannot speak any English, or little at all.
    that's fine because they belong to the Eu, not so for the none Europeans.

    part of a speech by Theresa May.

    "I believe being able to speak English should be a prerequisite for ANYONE who wants to settle here," Home Secretary Theresa May said in a statement. "The new English requirement for spouses will help promote integration, remove cultural barriers and protect public services."




    if this is not discrimination then what is.
    also read part of the human rights act below.

    The Right to Respect for Private and Family Life, the Home and Correspondence
    Article 8 provides as follows:

    (1) Everyone has the right to respect for his private and family life, his home and his correspondence.
    (2) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by makem on 27/02/11, 03:40 pm

    gian60 wrote:
    it is a fact that there are countless people from the Eu who live here and cannot speak any English, or little at all.
    that's fine because they belong to the Eu, not so for the none Europeans.


    Hi gian60,

    The problem is:

    We hold a door open for ourselves to allow us one maybe to one day fully join the EU.

    The trouble is, to do that we allow EU members to flood through the door with virtually no restriction.

    The time must come when we must stop sitting on the fence and decide to either shut the door or open it fully so we can all pass freely.

    Only then will we put paid to anomalies.
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by davidmckendrick on 27/02/11, 03:56 pm

    Hi Gian,
    We who were born and live in the UK are EU Citizens and have to abide by all EU regulations until we try to bring a non EU resident to the UK. Then we are UK Citizens and have to abide by UK Immigration Law. Of course EU Citizens who are not UK residents can come and work here and settle here and draw benefits and use the NHS and even bring their non EU spouse and children here and are never required to learn or speak English.

    Nobody said life would be fair.

    David
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by Beijing2008 on 27/02/11, 04:59 pm

    Nobody stops you to do the same , move over to The Royal Kingdom of the Netherlands, enjoy our benefits and have your 3rd country spouse join you in NL, and move back after 4 months to the UK without a language test.
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by davidmckendrick on 27/02/11, 05:07 pm

    Hi Beijing,
    I don't speak ******** Dutch and I can't get a job in Holland. I don't want to live there for 4 months and can't afford to stay there on holiday for 4 months. My Chinese wife can't cope with a visa application for a Chinese Citizen moving to Holland on forms that are written and filled in in Dutch. Now can we get back to how to bring a Chinese wife to live with us in the UK please?
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by makem on 27/02/11, 05:15 pm

    LOL
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by Beijing2008 on 27/02/11, 08:24 pm

    davidmckendrick wrote:Hi Beijing,
    I don't speak ******** Dutch and I can't get a job in Holland. I don't want to live there for 4 months and can't afford to stay there on holiday for 4 months. My Chinese wife can't cope with a visa application for a Chinese Citizen moving to Holland on forms that are written and filled in in Dutch. Now can we get back to how to bring a Chinese wife to live with us in the UK please?

    All f..... Dutch speak English, and why shouldn't you find a job, intelligent bloke like u.Application forms are also in English.
    But if you want to bring ur wife after doing the Language test, and pay the fines for application for a staying permit, nobody holds you back.If you have a job in the UK, 1X PER 2 WEEKS coming over to NL IS ALLOWED.
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by handyal on 27/02/11, 09:39 pm

    Beijing2008 wrote:Nobody stops you to do the same , move over to The Royal Kingdom of the Netherlands, enjoy our benefits and have your 3rd country spouse join you in NL, and move back after 4 months to the UK without a language test.

    Ton,
    Once again I will challenge your information. Last time on another post you evaded my evidence by saying you'd answer later, but never did ? What don't you understand about the UK having it's own Immigration regulations for British citizens.

    A British citizen could follow your guidance but upon entering the UK with his non EEA wife he now has to comply with the UKBA regulations. In Holland I am an EEA citizen. In the UK I am a British citizen.

    http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/26-english-language-partners
    Information for applicants on the new English language requirement for partners General information
    Who will the requirement affect?
    From 29 November 2010, any migrant applying to enter the UK or applying to remain in the UK as the partner of a British citizen or a person settled here will need to show that they can speak and understand English.
    An applicant will need to meet the requirement if they are:


    1. a national of a country outside the European Economic Area and Switzerland; and
    2. in a relationship with a British citizen or a person settled here; and
    3. applying as that persons husband, wife, civil partner, fiance(e), proposed civil partner, unmarried partner or same-sex partner.
    The new English requirement does not apply to the following groups of applicants:


    1. spouse or partner of Tier 1 and Tier 2 visa applicants
    2. spouse or partner of a student
    3. visitors
    4. refugees or spouses of refugees applying on the basis of family reunion
    5. dependent children
    6. spouse or partner of an EEA national
    7. spouse or partner of a member of the armed forces applying under Part 7 of the Immigration Rules
    8. applicants for indefinite leave to remain


    What do applicants need to do?
    Most applicants will meet the requirement by passing an English test and supplying a test certificate with their visa application. Further details can be found about this below.
    What level is the test?
    The test is at Level A1 of the Common European Framework of Reference (CEFR) speaking and listening, which is a basic level





    These are requirements that our non EEA national partners must meet if they marry a British citizen who wants to be present and settled in the UK.

    Now what don't you understand ? The EC directive applies to EEA nationals. In the UK British citizens are British citizens not EEA nationals.


    My passport states that I am a British citizen, not an EEA citizen, therefore the UK Immigration rules apply to me and my non EEA spouse, but not to you. You are an EEA national because you are not a British citizen.

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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by Beijing2008 on 27/02/11, 09:52 pm

    The missing link for you is; as soon as an UK citizen moves to an other EC/EER counntry, he/she is an EC/EER citizen, because of the right of free movement within other EC/EER countries;
    read this;

    Whereas:
    (1) Citizenship of the Union confers on every citizen of the Union a primary and individual right
    to move and reside freely within the territory of the Member States, subject to the limitations
    and conditions laid down in the Treaty and to the measures adopted to give it effect.
    (2) The free movement of persons constitutes one of the fundamental freedoms of the
    internal market, which comprises an area without internal frontiers, in which freedom is
    ensured in accordance with the provisions of the Treaty.
    (3) Union citizenship should be the fundamental status of nationals of the Member States when
    they exercise their right of free movement and residence. It is therefore necessary to codify
    and review the existing Community instruments dealing separately with workers,
    self-employed persons, as well as students and other inactive persons in order to simplify and
    strengthen the right of free movement and residence of all Union citizens
    5. The right of all Union citizens to move and reside freely within the territory of the Member
    States should, if it is to be exercised under objective conditions of freedom and dignity, be
    also granted to their family members, irrespective of nationality. For the purposes of this
    Directive, the definition of "family member" should also include the registered partner if the
    legislation of the host Member State treats registered partnership as equivalent to marriage
    http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:EN:PDF


    Article 3
    Beneficiaries
    1. This Directive shall apply to all Union citizens who move to or reside in a Member State other
    than that of which they are a national, and to their family members as defined in point 2 of Article 2

    2. Family members who are not nationals of a Member State shall only be required to have an
    entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national
    law. For the purposes of this Directive, possession of the valid residence card referred to in
    Article 10 shall exempt such family members from the visa requirement.
    Member States shall grant such persons every facility to obtain the necessary visas. Such visas
    shall be issued free of charge as soon as possible and on the basis of an accelerated procedure.

    Do I Need to go on...
    avatar
    handyal
    Senior Member
    Senior  Member

    Male
    Number of posts : 3392
    Age : 65
    Where I live : Roi-Et Thailand
    I have visited China : 6 times
    Registration date : 2008-01-06

    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by handyal on 27/02/11, 10:25 pm

    The link you miss is that when they return to the UK they are still a British citizen and the rules apply.

    Your a Dutch citizen. In the UK you becoma an EEA citizen. Back in Holland your a Dutch citizen again.

    Why did you apply for a Dutch Visa for your wife when you could have used your own advice to avoid certain Immigration regulations for Holland.
    avatar
    davidmckendrick
    Senior Member
    Senior  Member

    Male
    Number of posts : 2192
    Age : 67
    Where I live : Livingston Scotland
    I have visited China : 2 times
    Registration date : 2007-05-12

    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by davidmckendrick on 27/02/11, 11:03 pm

    OK, Beijing please send me all job applications you can find for a man of 60 to work as a staff nurse in a psychiatric hospital who only speaks English. I don't think my psychiatric qualifications would be recognised in Holland and I'm sure that Dutch nurses would have difficulty getting their qualifications recognised in the UK by the Nursing and Midwifery Council. My job cosists of communicating with my patients which is not easy when we both speak the same language and would be very much harder when we do not speak the same first language.
    avatar
    makem
    Senior Member
    Senior  Member

    Male
    Number of posts : 2155
    Age : 80
    Where I live : Chelmsford, England
    I have visited China : 9 times or more
    Registration date : 2009-10-30

    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by makem on 28/02/11, 12:04 am

    handyal wrote:
    My passport states that I am a British citizen, not an EEA citizen, therefore the UK Immigration rules apply to me and my non EEA spouse, but not to you. You are an EEA national because you are not a British citizen.


    Are you certain of that Alan?

    I am believe that as a British citizen we are also an EEA National

    Question: Do you have a British Passport = Yes, then you are an EEA National

    Question: Do you have any other EU Passport = Yes, then you are an EEA National, but not a British Citizen.

    European citizenship

    British nationals who are "United Kingdom nationals for European Union purposes", namely:

    * British citizens;
    * British subjects with the right of abode; and
    * British Overseas Territories citizens connected to Gibraltar

    are European Union citizens under European Union law.

    However, by virtue of a special provision in the UK Accession Treaty, British Citizens who are connected with the Channel Islands and Isle of Man (i.e. considered "Channel Islanders and Manxmen") do not have the right to live in other European Union countries (except the Republic of Ireland, through the long-established Common Travel Area) unless they have connections through descent or residence in the United Kingdom.

    http://en.wikipedia.org/wiki/British_nationality_law#European_citizenship

    ----------------------------------------------------------------------------------------------------

    If I am not an EEA National then I cannot ask that my wife be granted the same travel priviledges as a non British Citizen in the EU area. However, I have asked and the question is being raised with the French authorities.

    Surely as an EEA Member I can travel anywhere in the EU for work and my wife can join me in the same way that other EU members can come here? However if I travel in the other EU countries, not working then my wife must have a 'special card issued by the British Govt. with the exact wording the other EU countries specify' or she must have a Schegen Visa. (See below)

    I confirm that, as stated on our website, married spouses and children under the age of 21 or dependant of EU nationals are exempted from obtaining a Schengen visa to travel to France if they hold:
    - a valid passport;
    - a valid UK residence permit issued by the Home Office with the endorsement "family member of EEA national" (art 10 of the European council/parliament directive 2004/38 ce);
    - and if they are joining or travelling with the EU national.

    However if they do not satisfy the above conditions, they need to apply for a visa to travel to France (for instance if the UK residency does not state those exact words/ the EU national is not travelling), see http://www.ambafrance-uk.org/Family-members-of-an-European.html for procedure and documents required.

    As received in an email from the French Embassy.

    It also confirms that I am an EEA member. However, as the wife of a British EEA member she cannot obtain the relevant card with the correct wording. It is only issued to members of EU countries other than GB by the British Govt.

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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

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