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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 01/03/11, 07:26 pm

    your link; 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.

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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, 07:27 pm

    Graham wrote: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.. :?

    That should tell you there is a difference between a European EEA national and a British EEA national.
    A European EEA national can apply under EU law.
    A British EEA national must follow the UKBA website.
    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. 👏

    No! As a British citizen you can excercise your right under EU law if you lived and worked in another EU state to bring her under a 'Family permit' to the UK but she cannot stay beyond the time limit of that permit.

    And what your friend doesn't realise was that he was only allowed a 'residency permit' on the grounds that he was here as the husband of an EU citizen. He had no rights of his own. If she had died or divorced him it would be back to Nigeria.
    He had no rights to remain in the UK without his EU wife. He is under Immigration control with restrictions for 5 years.

    Compare that with the rights of a wife married to a British citizen. If he dies she is automatically granted Indefinate Leave to Remain in the UK. She can get Indefinate Leave to Remain in the UK after 2 years and then if they divorce she has the right to remain. Your wife is free from Immigration restrictions after 2 years.

    Weifang G. sunny
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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, 07:32 pm

    Beijing2008 wrote:your link; 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.


    To BRING her to the UK.
    A British citizen would then have to apply for his non EU wife to REMAIN in the UK.

    Thats not a 'residency permit' as in the case of an EU citizen.
    Thats a 'settlement visa' as in the case of a British citizen.

    She / He can only do that in their country of origin, not from within the UK.
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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 01/03/11, 09:09 pm

    Hi Beijing,

    I have been watching this thread and it is obvious you are trying to help us UK blokes.

    However, we prefer to stay legal and avoid future complications.

    I think your help for Chinese women wanting to join Dutch citizens in Holland would be greatly appreciated. Similarly USA and Australians give good advice related to their countries but they don't advise UK people about UK rules/regulations.

    But, when you give advice about Chinese wives joining/staying in the UK you should really let those members who actually live in the UK give advice.

    Dutch/EU law confuses the issue of wives entering and staying legally in the UK.

    As a member of the EU I am sure you could give valuable advice about Schengen visas and travel in the EU. I for one would be interested in your knowledge.

    Many thanks.

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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, 10:15 pm

    The Immigration (European Economic Area) Regulations 2006


    You are here:



    • 2006 No. 1003
    • PART 1
    • Regulation 2



    General interpretation



    2.—(1) In these Regulations—

    “the 1971 Act” means the Immigration Act 1971(1);

    “the 1999 Act” means the Immigration and Asylum Act 1999(2);

    “the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;

    “civil partner”(3) does not include a party to a civil partnership of convenience;

    “decision maker” means the Secretary of State, an immigration officer or an entry clearance officer (as the case may be);

    “document certifying permanent residence” means a document issued to an EEA national, in accordance with regulation 18, as proof of the holder’s permanent right of residence under regulation 15 as at the date of issue;

    “EEA decision” means a decision under these Regulations that concerns a person's—(a) entitlement to be admitted to the United Kingdom;

    (b) entitlement to be issued with or have renewed, or not to have revoked, a registration certificate, residence card, document certifying permanent residence or permanent residence card; or

    (c) removal from the United Kingdom;





    “EEA family permit” means a document issued to a person, in accordance with regulation 12, in connection with his admission to the United Kingdom;

    “EEA national” means a national of an EEA State;

    “EEA State” means—
    (a) a member State, other than the United Kingdom;

    (b) Norway, Iceland or Liechtenstein; or

    (c) Switzerland;





    http://www.legislation.gov.uk/uksi/2006/1003/regulation/2/made
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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 01/03/11, 11:33 pm

    Beijing2008 wrote:
    ad Makem, What I tell is stricktly legal using your rights.It is written down what the rules are.It is EC/EER LAW.
    When you fill in your taxform, and you can get money back , using the rules ,do you say 'no thanks,you keep my money' .Don't think so. Wink
    l

    Yes, we don't say 'keep our money' but we don't evade tax either. We tell the tax man if our circumstances change.

    To be honest I find your posts in respect of UK law, confusing and I have given up reading them in detail which is a great pity.
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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 02/03/11, 06:29 pm

    Some posts have been moved from this topic and reposted under a new topic 'Dual nationality' in the General Conversation section.

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

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