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

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    Beijing2008
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by Beijing2008 on 28/02/11, 10:39 am

    handyal wrote: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.
    Nope that is where you miss the point; after been registered in another EC country for at least 4 months[3 months free period]and you return to your homeland you are a national of your own country AND an EER/EC citizen, who used his right of free movement, which also applies for familymembers, regardless their nationality. So National rules only apply for nationals who DIDN'T use their right of free movement, or trade, or labour.
    If you live in UK and work in Italy or any EC country,live in other EC country and work in UK, or are in substantial trade with other EC country, you get the same rights.

    ==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..=
    because the rules in 2006 were less difficult to apply to,no language test[I made sure to be in time with the staying permit application..],and because of the pregnancy , we didn't have time to move to f.e. Belgium. Rolling Eyes Rolling Eyes

    If you would take time to read the link I gave, you will read your rights.
    Of course I can put relevant articles in a separate topic if you like.
    There is several important jurisprudency about UK citizen, f.e.Carpenter -arrest, Chen,Metock. All about the rights of UK citizen, after using their rights as an EER/EC citizen.
    It is not simple stuff to read and understand, it took me 4 yrs, and still learning.
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by Beijing2008 on 28/02/11, 11:37 am

    makem wrote:
    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

    Solvit is one EC organisation that could be closed, isn't of any help.I have dealt many times with them, but if you really need HELP, ;useless.DISSOLVIT bom
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    Beijing2008
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by Beijing2008 on 28/02/11, 11:50 am

    davidmckendrick wrote: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.

    if you're retired, it is also possible to use your rights, as a selfsufficient person.About qualifications;that probably is subject of Union
    law and international agreements.I don't know the ins and outs of those regulations , but as far as I know you are welcome in any EC country.But , as in UK , when you change jobs, your age could be a problem.
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by davidmckendrick on 28/02/11, 11:56 am

    Hi Beijing,
    In the UK men retire age 65. I am not retired but working full time.
    Please send the application forms soon so I can relocate to Holland to work for at least 4 months.
    David
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    Beijing2008
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by Beijing2008 on 28/02/11, 12:07 pm

    You could google on'' jobs psychiatric nurse The Netherlands'';
    http://jobs.justlanded.com/en/Netherlands/Nursing/Nurse-Emergency-department-663455
    http://www.learn4good.com/jobs/healthcare/e/109037/search/holland/
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    makem
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by makem on 28/02/11, 01:03 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.
    David

    handyal wrote:
    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.

    But can the Chinese wife of an EEA National travel freely in the UK? I think not.

    In the same way our wives need a Schengen visa to visit the EU, they need a UK visa to travel in the UK UNLESS they join their EEA (EU) husband who is working in the UK AND then they get the card our wives should also get but cannot.

    The card has the magic words 'spouse of an EEA menber' not 'spouse of Eric A Watsn' as is currently on my wifes visa.

    It really is stupid that words which actually mean the same thing cannot be interchanged. I blames the French LOL. They have never liked the Brits since we sank their ships twice.

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

    Post by handyal on 28/02/11, 07:25 pm

    Hi Beijing and Eric,

    The complications are that we have EU member countries V Schengen countries V UK Immigration.

    The members of the EU and the members of the Schengen area are two different zones.
    The EU was formed to boost relations between the governments of the European countries and strengthen the trade and commerce ties between the countries. (Being a member of the EU has nothing to do with Immigration rules).
    The Schengen area comprises EU members that implemented the Schengen agreement. (Immigration rules and control). The schengen area operates like a single state having no internal border controls, only external international border controls. The schengen rules were absorbed into the EU law with the exception of Ireland and the UK who have not signed the Schengen treaty.
    The schengen rules involves eliminating border controls between schengen members while simultaneously strengthening border controls with non member states. The rules though include a provision on a common immigration policy on the temporary entry of persons from non EUcountries.
    (Hence we have the 'schengen visa' for non EU citizens living in the UK who want to visit a country in the schengen area, and why non EU citizens living in the schengen area need a 'Family permit' to visit the UK).

    Forms of ID, whether a passport, national ID card or Visa is required for identity checks at airports etc, varies between the national rules of the country concerned.

    Note of some importance here: A non EU citizen living in the UK can travel through the schengen area with a 'schengen visa' unaccompanied by a UK citizen, but a non EU member living in schengen area country cannot travel in the UK unaccompanied. The condition of the 'Family Permit' (which is a temporary visa) is that the non EU member must be joinng or accompanied by their family member.

    Why? Because the UK has it's own borders and seperate Immigration control to that of other EU and schengen area countries.

    Now to get back to Beijing's EC directive 2004/38,
    It's true that under this directive a British citizen can live and work in another EU country for a period of time and then claim that under this directive he can bring his non EU family to the UK, but not with free movement as you suggest, she/ they would still need a 'Family Permit' (temporary visa) to enter the UK with their British citizen family member.

    Now here's where the problem arises under the UK Immigration Law V EC directive 2004/38.
    When the 6 month 'Family Permit' expires and an application for renewal is made a copy of the family members passport will have to be shown. Under the new UK English language Immigration rules a person who is considered 'present and settled' in the UK must comply with the new UK regulations.

    What does 'present and settled' mean?


    Settled means being allowed to live in the UK lawfully, with no time limit on your stay. 'Present and settled' means that the person concerned is settled in the UK and, at the time we are considering your application under the Immigration Rules, is in the UK or is coming here with you, or to join you and plans to live with you in the UK if your application is successful.
    http://www.ukvisas.gov.uk/en/howtoapply/infs/settlementguide#22393572

    So if a British citizen wishes to settle in the UK and has a non EU partner then the new rules will apply. The 'family permit' is only a temporary residence visa issued under the EU regulations to enter the UK, but if you intend to stay in the UK then the UK Immigration rules will apply.

    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.

    http://www.ukba.homeoffice.gov.uk/sitecontent/documents/partners-other-family/guidance-for-applicants.pdf
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    Beijing2008
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by Beijing2008 on 28/02/11, 08:13 pm

    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
    spouse or partner of a member of the armed forces applying under Part
    7 of the Immigration Rules
    applicants for indefinite leave to remain
    So when a British citizen did use his right of free movement, his spouse doesn't require to meet the new rules.Because he than is an EC/EER citizen.
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by handyal on 28/02/11, 09:15 pm

    Under the Schengen Treaty a British citizen is not an EEA national.
    Only citizens of the member coutries party to the Schengen treaty are EEA nations for Immigration purposes.
    Under the EU regulations a British citizen is an EEA national but these regulations do not control Immigration.

    In Europe Immigration is controlled by member states of the Schengen Treaty.
    The UK has it's own Immigration laws.

    A British citizen is not an EEA national under UK Immigration rules. If we were then our non EEA wives wouldn't need to apply for a Schengen Visa would they ?
    The new English language requirements do not apply to the spouse or partner of an EEA national (but not a british citizen).

    Once again, we are not party to the Schengen Treaty and therefore British citizens are not EEA nationals.
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    makem
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by makem on 28/02/11, 09:28 pm

    We go round and round in circles LOL

    Several posts ago I said, one thing says my wife DOES need............another says she does NOT need.....

    Now you say: one thing says I AM an EEA member and one thing says I am NOT

    Wa! not a bit of wonder the UKBA and the Schengen countries can play with us.

    It's a bit like today when I asked the question 'what level did my wife start at when she started ESOL?'

    Answer 'oh she was classed as level 2 but I can't say if that means she was level 1 going on to level 2 or was level 2 going on the level 3. You need to speak to the tester!'

    All bliddy -*/-.
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by handyal on 28/02/11, 11:32 pm

    For Beijing:

    European Economic Area (EEA) and European Union (EU) nationals are allowed to freely travel to the UK to find work, study or retire. Under the Treaty of Rome they are treated in a different manner to visa nationals. Visa nationals are people from a country such as Thailand who would normally need a visa to enter the UK.

    European dependents applications are NOT dealt with under the UK's Immigration Rules and cannot be refused under these rules. They are dealt with only under EU legislation. There is no requirement to have previously lived in another EU state before you can apply to come to the UK.

    The EEA/EU Countries Are:
    Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland (Eire), Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, United Kingdom.
    Whilst the United Kingdom is a member state the provisions of the Treaty do NOT apply to British Citizens applying to bring a visa national in to the UK.Under the Treaty Swiss nationals are treated in the same way as other EEA/EU nationals.

    ORCHID OF SIAM
    UK IMMIGRATION AND VISA CONSULTANTS.
    http://www.orchidofsiam.org.uk/index.php?p=1_34_EU-EEA-Family-Members

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

    Post by Graham on 01/03/11, 03:52 am

    Hello All, Shocked

    In my line of work, I often live all around the world.
    I was working in Norway 3 years ago, for almost 2 years.
    I rented an unfurnished appartment, and bought all furniture, both new and second hand.
    Then registered with the local police, and tax (Skatt)

    My next contract, may well be in Norway. Always "onshore", probably in Oslo, as thats where most of the Oil&Gas big companies are.

    I used to fly regular, from Liverpool to Torp, which is the "no frills" airport, 100km to the south of Oslo.

    So, here is the kicker,
    If I am offered another contract position, again like before in Oslo, then I will most likley, as before, do the apartment renting, and buy all furniture, both new and second hand, again.
    And as before, register with the local police, and tax (Skatt).

    So, this really does make it oh so easy to legally bring my "new wife" to Norway.
    My house in UK, will just be locked up, but still fully liveable.

    Now I see a little "hornets nest" here, and I still don't fully understand Ton's way, but as I will quite likely head off to Norway, why couldn't this be a viable option for me?

    Now, I think I already mentioned, Fay's English is fortunatly very good, her English is way more than adequate for life in UK, so some test for 7 to 12 year old, is frankly, an insult.
    Fay also has vocational BSc, major in English.

    What Fay and myself were talking about last night went along the lines of this,,,,

    Firstly we should get married in China, that's the easy part.
    Then for me to take a Norway job.
    Then Fay apply for EEA spouse visa, to join me in Norway.
    Any problems there?

    Then, Fay to apply for UK spouse visa, or can that ONLY be done in home country?
    As the EEA spouse visa is a "no cost", then there is nothing lost, only gains.

    Fay isn't interested in getting a UK passport, she don't want to vote for government, etc, just if any one is thinking this.
    Fay is not interested in claiming any UK government money, as a Chinese, she is a hard worker.

    I know getting Fay into UK like this, may not be "the ethical" way, and does rub some people up the wrong way, but how "ethical" is the UK being with all the double talk, and exclusions?

    Now, please pull my post to pieces,

    Weifang G.
    sunny
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    Beijing2008
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by Beijing2008 on 01/03/11, 09:30 am

    Goodmorning Weifang G. Very Happy
    When in Norway, your wife can get the visa at Oslo UK Embassy.Or ,before she goes to Norway , get a multiple entry Visa in China,depends how long you2 stay in Norway, and how often you hub to the UK.For entering Norway, she can get a free visa at the Norwegian embassy/consulate in China.
    Because UK isn't a Schengen country,it's a double job to get visa.
    Btw, great service by the UK to get info;
    Where can I get information?
    The UK Border Agency works in partnership with a commercial partner: WorldBridge. You can find out whether you need a visa and how to apply through the Worldbridge website. Worldbridge also provides information through an e-mail and telephone enquiry service. All the information provided is supplied and approved by the UK Border Agency.

    Applicants in The Netherlands can use the free e-mail enquiry service available on the Worldbridge website., or speak with a visa information service agent by calling 0900-3335511 between 09:00 and 17:00, Monday to Friday. Calls are charged at the rate of 0.80 per minute.

    If you cannot get through to the above number 0900-3335511, you can also call a visa information service agent on 010 8920 257. Using a secure, automated system, each call will be charged the equivalent of US$14 which is payable by credit or debit card endorsed with the Visa or MasterCard logo.
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by MadGee on 01/03/11, 09:51 am

    Hi Beijing,

    You keep implying how easy it is for members to avoid the UK regulations by going in the 'backdoor'.
    I don't want to read about different Euro directives ... blah, blah, blah.

    Let's have some simple facts like:

    Exactly what visas are needed for a Chinese spouse married to a British citizen to live in Euro countries?
    How long are they valid for?
    What do they cost?


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    Beijing2008
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by Beijing2008 on 01/03/11, 10:11 am

    MadGee wrote:Hi Beijing,

    You keep implying how easy it is for members to avoid the UK regulations by going in the 'backdoor'.
    I don't want to read about different Euro directives ... blah, blah, blah.

    Let's have some simple facts like:

    Exactly what visas are needed for a Chinese spouse married to a British citizen to live in Euro countries? Entry visa, free of charge
    How long are they valid for? After arrival and registration with partner,infdefinite, renewal every 5 yr
    What do they cost? nada,only the check to EC right,EC partnercard 42 euro
    Naturalization is possible after 3 yrs,after passing the intergration course/A2 exam


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

    Post by MadGee on 01/03/11, 10:22 am

    Well there you go!

    Marry a Chinese woman .... live in the EC (not UK) .... no tests, no proof, no cost!

    How easy can it get?

    I'm on my way .... South of France sounds good!
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by Beijing2008 on 01/03/11, 10:30 am

    Welcome to civilized world MadGee Very Happy cheers

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

    Post by Graham on 01/03/11, 11:44 am

    Hello all,

    I know what Beijing is saying is probably legal, and maybe ethical,and in theory, does work.
    If there is an easier way to eventually settle in UK with a Chinese wife, then why not take it.?
    It's not like Fay can not speak English, or would be any weight on society.
    If UKBA, and Theresa May, are making it so difficult, then sure people are going to look for a "work around".

    However, it just seems too good to be true, and that leads to the age old addage,
    "If it's too good to be true, it usually is"
    Enphasis on "Ususlly"

    However, I have now had a chat with another friend on another forum, that I frequent, (Land Cruisers)

    He is South African, and his wife is I believe French.
    They both live in UK,
    He told me how it all works, and how it would have not have been so easy, had his wife been a a UK citizen.

    He told me he is in UK on a 5 year visa.
    This is what Kevin Wrote,,

    I am currently able to stay in this country because my wife is an EEA citizen...
    I couldn't believe it when I saw the differences in procedure had my wife been British.. :?
    It was interesting that the EU Law stated the non-EU spouse cannot be charged for their visa and they must get it within 4 weeks. Smile Of course, when I applied, 4 weeks was a pipe dream they were taking 4-6 months to process applications :doh:
    Governments....got to love them :angry-banghead:

    Then in a following post,
    I normally use a law firm in Mayfair - very well known South African immigration solicitors - and they 'conveniently' forgot to mention that I qualified under the EEA scheme which, surprise surprise, is totally free.... and so I almost paid them for an Indefinite Leave to Remain which was totally unnecessary Evil or Very Mad :naughty:
    Anyway hopefully you can use the EU's interference to your advantage. It was overall a very painless exercise going the EEA route....and best of all - free. 👏


    Weifang G. sunny


    Last edited by Graham on 01/03/11, 01:28 pm; edited 2 times in total (Reason for editing : Speeling and Gramma)

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

    Post by Graham on 01/03/11, 11:48 am

    MadGee wrote:Well there you go!

    Marry a Chinese woman .... live in the EC (not UK) .... no tests, no proof, no cost!

    How easy can it get?

    I'm on my way .... South of France sounds good!
    .
    Naa,

    Loire Valley or Charmonix, been there, loved it.

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

    Post by Beijing2008 on 01/03/11, 12:15 pm

    Weifang; the 4 weeks rule often must be rubbed under the nose of Governments and embassies.The knowledge of public officials if most of the time terrible.When a South African law firm doesn't know it, it is probably due to the fact they never dealed with it.
    And a lawyer isn't most of the time aware of international law, especially EC law.
    Your advantage is you have a good advisor Very Happy farao
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by davidmckendrick on 01/03/11, 01:40 pm

    [quote="Beijing2008
    Exactly what visas are needed for a Chinese spouse married to a British citizen to live in Euro countries? Entry visa, free of charge
    How long are they valid for? After arrival and registration with partner,infdefinite, renewal every 5 yr
    What do they cost? nada,only the check to EC right,EC partnercard 42 euro
    Naturalization is possible after 3 yrs,after passing the intergration course/A2 exam


    [/quote][/quote]

    Thanks Beijing.
    One small point. If your Chinese wife takes Naturalisation in UK after three years as the spouse of a UK Citizen she will lose her Chinese Citizenship. So if she does not want to lose her Chinese Nationality and does not take Naturalisation how long can she stay in the UK as the spouse of an EEA Citizen and would she have to renew her registration?
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    Beijing2008
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by Beijing2008 on 01/03/11, 03:36 pm

    NORMALLY, it's a 5 yr card,so either renewal after 5 yr ,or apply for Naturalization,[after passing the Life in the UK Test] or INDEFINITE LEAVE TO REMAIN.
    Your Chinese nationality do you loose, if you renounce your nationality.If you don't tell it to Chinese Government, you stay Chinese.
    I don't want to have a party with Chinese nationals in UK who have UK Nationality,and still have Chinese passport.I probably would need to use Wembley Basketball

    http://translate.google.nl/translate?hl=nl&sl=en&tl=nl&u=http://www.visabureau.com/uk/family-permit-married.aspx&anno=2
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    davidmckendrick
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by davidmckendrick on 01/03/11, 06:07 pm

    Beijing2008 wrote:NORMALLY, it's a 5 yr card,so either renewal after 5 yr ,or apply for Naturalization,[after passing the Life in the UK Test] or INDEFINITE LEAVE TO REMAIN.
    Your Chinese nationality do you loose, if you renounce your nationality.If you don't tell it to Chinese Government, you stay Chinese.
    I don't want to have a party with Chinese nationals in UK who have UK Nationality,and still have Chinese passport.I probably would need to use Wembley Basketball

    http://translate.google.nl/translate?hl=nl&sl=en&tl=nl&u=http://www.visabureau.com/uk/family-permit-married.aspx&anno=2

    It isn't just a matter of not telling the Chinese Government and therefor staying Chinese. When your Chinese passport expires and you go to renew it you have to get a letter from the UK Government (UKBA) stating that you have not taken UK Citizenship. THere is of course a charge for this letter. Since most Chinese passports are valid for ten years it wouldn't be long before you were found out and lost any right to return to China as a Citizen. If the Chinese Government then discovered that you had had European Citizenship for years without telling them then the Chinese Government would be totally justified in banning you from even visiting China.
    Since most of our wives are much younger than us, when we die they would be stuck in Europe and unable to return to stay with their families in China.
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    handyal
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by handyal on 01/03/11, 06:52 pm

    Hello ! Are you listening scratch

    http://www.orchidofsiam.org.uk/index.php?p=1_34_EU-EEA-Family-Members
    European Economic Area (EEA) and European Union (EU) nationals are allowed to freely travel to the UK to find work, study or retire. Under the Treaty of Rome they are treated in a different manner to visa nationals. Visa nationals are people from a country such as Thailand who would normally need a visa to enter the UK.

    European dependents applications are NOT dealt with under the UK's Immigration Rules and cannot be refused under these rules. They are dealt with only under EU legislation. There is no requirement to have previously lived in another EU state before you can apply to come to the UK.

    The EEA/EU Countries Are:
    Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland (Eire), Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, United Kingdom.
    Whilst the United Kingdom is a member state the provisions of the Treaty do NOT apply to British Citizens applying to bring a visa national in to the UK.

    RESIDENCE PERMIT

    The visa national family member is initially allowed to enter the UK for up to six months. During that time an application for a residency permit must be made to the UKBA on form EEA 2. This can take up to six months to process but when the application has been received by the UK Border Agency a letter will be issued stating the permission of the holder to remain and work in the UK.
    A residency permit is normally valid for five years but may be less if the person exercising the Treaty right is in the UK for a shorter period or holds a residency permit valid for less than five years.
    If the EU/EEA person has not already done so he or she can make an application for a residency permit at the same time as the visa national does so. Once a residency permit has been issued the visa national will not have to apply for a new Family Permit each time they leave the UK and wish to return.

    PERMANENT RESIDENCY IN THE UK

    The visa national may apply in their own right for permanent residency in the UK after living in the UK for five years. One year after permanent residency has been granted British Citizenship may be applied for and thereafter a British passport. This is an option and is not a requirement.

    UK RESIDENTS WORKING IN OTHER EU COUNTRIES
    A UK Citizen who is working or otherwise exercising his treaty rights in another European state may bring his wife and/or children to that state using the EU scheme and then later apply under EU regulations to bring his wife and family to the UK without the need to apply for the usual UK visa when he moves back to the UK.



    That's exactly what your talking about Ton but his wife would only enter on a 6 month Visa. A British citizen would not need to apply for a residency permit, but his wife would !!!
    That's called a 'Settlement Visa'. Under UK Immigration law she cannot make this application from within the UK.
    It must be made in her country of origin, China, and she must meet the English Language requirements.

    Your suggesting that by a British citizen exercising his rights under the EU laws he can circumvent the UK Immigration laws. That is not the case.

    Question: Do you have a British passport - Yes! Then you are a British EEA national.
    Do you have an EU passport - Yes! Then you are an EEA national but not British.
    If you are a non EU citizen but married to a British citizen and have the right to stay in the UK as the wife of a British citizen then you are dependant on a British national NOT an EEA national.
    If you can't get it Ton, then stop posting confusing and misleading information for the British members of this forum about migration to the UK. Your information is correct for EEA nationals but not for British citizens with a British passport.

    There is no short cut to UK Immigration for the British citizen. He must comply with the UKBA Immigration NOT the EU laws.
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    Beijing2008
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    Re: My Chinese wife DOES NOT need to take the A1 test to obtain FLR!

    Post by Beijing2008 on 01/03/11, 07:11 pm

    davidmckendrick wrote:
    Beijing2008 wrote:NORMALLY, it's a 5 yr card,so either renewal after 5 yr ,or apply for Naturalization,[after passing the Life in the UK Test] or INDEFINITE LEAVE TO REMAIN.
    Your Chinese nationality do you loose, if you renounce your nationality.If you don't tell it to Chinese Government, you stay Chinese.
    I don't want to have a party with Chinese nationals in UK who have UK Nationality,and still have Chinese passport.I probably would need to use Wembley Basketball

    http://translate.google.nl/translate?hl=nl&sl=en&tl=nl&u=http://www.visabureau.com/uk/family-permit-married.aspx&anno=2

    It isn't just a matter of not telling the Chinese Government and therefor staying Chinese. When your Chinese passport expires and you go to renew it you have to get a letter from the UK Government (UKBA) stating that you have not taken UK Citizenship. THere is of course a charge for this letter. Since most Chinese passports are valid for ten years it wouldn't be long before you were found out and lost any right to return to China as a Citizen. If the Chinese Government then discovered that you had had European Citizenship for years without telling them then the Chinese Government would be totally justified in banning you from even visiting China.
    Since most of our wives are much younger than us, when we die they would be stuck in Europe and unable to return to stay with their families in China.
    November my wife applied for Dutch passport, nobody at China Embassy asked for her Dutch staying permit.And I picked it up last week, no problem.

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

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