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    Shengen visa application changes

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    handyal
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    Re: Shengen visa application changes

    Post by handyal on 10/12/12, 05:16 pm

    Where do you get 3 years from David?

    According to the Directive a non EU citizen must spend 5 years in the UK to get a permanent 'residency visa' and only if they are still living with the EU wife/husband. No mention of citizenship.
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    davidmckendrick
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    Re: Shengen visa application changes

    Post by davidmckendrick on 10/12/12, 05:32 pm

    Can I be naturalised as a British citizen?

    If you are over 18 and have been living in the United Kingdom for the last five years (or three years if you are married to or a civil partner of a British citizen) you may be able to apply for naturalisation as a British citizen. You may also be able to apply for naturalisation if you or your husband, wife or civil partner is in crown or designated service outside the United Kingdom. Applications for naturalisation are made using application form AN.

    http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/
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    MadGee
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    Re: Shengen visa application changes

    Post by MadGee on 11/12/12, 01:42 am

    Question:
    How would she get into the UK in the first place and be able to stay legally to fulfil the application requirements?

    You must be free from immigration time restrictions on the day you make your application.

    The residential qualifying period will be worked out from the day we receive your application. Most unsuccessful applications fail because the applicant was not present in the United Kingdom at the beginning of the residential qualifying period. You must make sure you meet this requirement before you make your application

    http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/spouseorcivilpartnerofcitizen/
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    davidmckendrick
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    Re: Shengen visa application changes

    Post by davidmckendrick on 11/12/12, 03:35 am

    Hi MadGee,
    It is a bit complicated but basically anyone in the UK can move to another EU country to work - claiming their Treaty Rights of free movement (under the Treaty of Lisbon). They can be joined in the other EU country by their non EU spouse. After 90 days they both apply for residency in that country and at this point they have to prove that they have health insurance including repatriation cover, and are earning enough to keep themselves. Once they have residency the non EU spouse applies for a Family Permit to accompany their UK spouse back to the UK. It can take 6 months to be issued with a Family Permit but I read a blog recently on another immigration forum where they got tired of waiting and simply drove to Calais and demanded entry without a visa pointing out that they were exercising their Treaty Rights. after a bit of demanding to see supervisors and repeating the EU Directive they were allowed into UK. On a Family Permit they can live and work in the UK indefinitely, and after 3 years of living in the UK the spouse can apply for UK Citizenship by naturalisation by being married to a UK Citizen.
    As Eric knows, moving across the UK border is not easy for a non EU spouse, despite the UK Treaty rules making it legally possible to move throughout the EU without a visa. Technically the only documents your spouse would need are their Chinese passport and marriage certificate. A Family Permit can be obtained at the border if you demand hard enough...

    2. The right of the migrant worker to return and reside in the Member State of which he is a national, after being gainfully employed in another Member State, is conferred by Community law, to the extent necessary to ensure the useful effect of the right to free movement for workers under Article 39 EC and the provisions adopted to give effect to that right, such as those laid down in Regulation No 1612/68 on freedom of movement for workers within the Community. That interpretation is substantiated by the introduction of the status of citizen of the Union, which is intended to be the fundamental status of nationals of the Member States.

    When a worker returns to that latter Member State of which he is a national, after being gainfully employed in another Member State, a third-country national who is a member of his family has a right under Article 10(1)(a) of Regulation No 1612/68, which applies by analogy, to reside in the State of which the worker is a national, even where that worker does not carry on any effective and genuine economic activities. The fact that a third-country national who is a member of a Community worker’s family did not, before residing in the Member State where the worker was employed, have a right under national law to reside in the Member State of which the worker is a national has no bearing on the determination of that national’s right to reside in the latter State.


    http://www.expatforum.com/expats/britain-expat-forum-expats-living-uk/134879-succsess-story-ukba-0-me-wife-1-a.html


    David


    Last edited by davidmckendrick on 11/12/12, 04:00 am; edited 2 times in total (Reason for editing : Found the link!!!)

    Graham
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    Re: Shengen visa application changes

    Post by Graham on 11/12/12, 04:34 am

    Well said and documented David.
    I am not sure you have to work in the EU country, however I have read that you need to prove sufficient savings to live without requiring any subsistence.

    I also read the point you mention, regarding the couple who drove to Calais, and were halted at the border immigration.
    After a lot of explaining, and the display of the EU charter, that a senior immigration official was then brought to the discussion.
    This is when they were allowed to board the ferry, some what several hours later, but with the desired result.

    I don't know where I read it though, as it was some time ago.

    Gra.

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