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EEA & EU Residents In The UK. Thai Family Members Rights
Bringing Your Thai Wife, Husband or Children To The UK. For Advice Call 08712886930


Orchid of Siam are authorised to provide immigration advice and services by the Immigration Services Commissioner Ref. No. F200500016. Members of the Immigration Law Practitioners' Association.


We offer a full visa service with free, friendly, initial advice or visa assessment available 9am-7pm Monday-Friday by telephone, E-mail or through our online forms. Please do not hestate to contact us for free initial advice on 08712886930 or 01482656590 or 07956059792.

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.

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.

WIFE/HUSBAND/CHILDREN aged below 21

An EEA/EU national who is exercising a Treaty right to either work in the UK, study or retire in the UK may apply for a Family Permit to allow their visa national spouse or children to live with them in the UK. A family permit is valid initially for six months and can be post-dated for up to three months after the date of application. If you are working or retired in the UK children over 21 years of age may be admitted if they are not leading a separate family life and are proven to be financially dependant on you. This applies to the children of the visa national party as the children of the European party normally have the automatic right to be in the UK. If you are not working in the UK you will need to prove that you have sufficient funds available to support your family without recourse to Public Funds. A separate application form must be completed for each family member over 16 years of age.

A Family Permit takes the place of an ordinary UK entry visa and it is a visa under a different name but it does not act in the same way as a visa which is normally issued for a specific time or purpose and comes with restrictions.

DUAL NATIONALITY

If you hold British Citizenship and nationality of another EU country, for example Ireland, you can choose whether to make an application as a British Citizen or as an Irish Citizen. There are various advantages and disadvantages in either case and you should seek expert advice regarding your personal circumstances.

GROUNDS FOR REFUSAL OF A FAMILY PERMIT

If the Entry Clearance Officer feels that the marriage is purely one of convenience for immigration purposes.
If the EU spouse does not have the right to reside in the UK.
If the EU spouse cannot prove that they are working in the UK or if insufficient funds are available.
If any documents presented are forged, false or deliberately misleading.
If any false statements are made by the EU spouse or the visa national applicant in connection with the application.

SAME SEX PARTNERS OR UNMARRIED PARTNERS

There are currently no family permits available under the Treaty in these categories. There is a proposal under consideration by the EU Parliament that may allow these and details of a change in the law are expected to be announced in mid 2006.

FIANCE or FIANCEE

There are no provisions for a Fiancee under EU regulations. The normal application and fees due for a British Citizen making an application for a fiancee visa apply.

STUDENTS

EU students may only apply to have their spouse or dependant children to join them in the UK. A student may take up employment in the UK but may have to register under the Workers Registration Scheme.

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 Home Office on form EEA 2. 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.

OTHER FAMILY MEMBERS

Grandparents, parents, brothers and sisters may be allowed entry on a family permit depending on the circumstances. Generally speaking proof will be required that they were either living with you prior to your coming to live in the UK or that they are financially dependent on you.

LIVING AND WORKING IN THE UK

The visa national may study or work in the UK if desired without the need for a work permit but is subject to the normal UK rules regarding taxation and National Health Insurance (NHI) contributions. There is no requirement to register with the Police. Workers from the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia must be registered under the Worker Registration Scheme. After 12 months of working in the UK they can get a residence permit and will have full rights to free movement.

TRAVEL WITHIN EEA/EU COUNTRIES

As a general rule a visa national with a British residency document will be allowed to travel freely within the EEA/EU without the need for a separate visa or Schengen visa. However this does not confer the right to settle in another EEA/EU country. Normally the residency document and the passport of the visa national are required to be shown at immigration. However each country does have different immigration rules and you should always check the current regulations with the visa section of the UK based embassy of the country you intend to visit well in advance of travelling. Immigration rules for every country are constantly changing. We can only advise on UK immigration rules. A UK Family Permit does NOT allow entry to another EU country and is valid for ONE entry only in to the UK.

LOSING THE RIGHT TO REMAIN IN THE UK

Unless permanent UK residency status has already been granted to the visa national family members residency status may be lost if the EEA/EU person loses the right to live in the UK, if you leave the UK permanently, if the EEA/EU person or the visa national are not working and cannot live without support from Public Funds, if you divorce.

TOURISTS

A Family Permit can be used as a tourist visa if the eligible family member is intending on spending less than six months in the UK.

OUR SERVICE

Our service is similar to that outlined on our UK Visas page but with specific reference to Treaty rights. We supply and complete the forms on your behalf, brief the applicant in Bangkok, offer a ‘mock’ interview, undertake necessary Thai-English translations and advise you of the full documentation required in your individual case. We charge £275.00 for each Family Permit application and all children under 16 years of age who are included at the time of the application for the Thai spouse are free of charge. Any other dependants included in the application are charged at £25 each. There is no extra fee payable to the Embassy.

After arrival in the UK we can apply for a residency document on behalf of the Thai national or the EEA/EU national if they do not have one. The fee is £50 for each application. There are no further fees payable to the Home Office.

Please use the following form to contact us regarding our services.

Please also see Bangkok+Office


EEA/EU Resident Application Form
Can only be used by citizens of EEA/EU countries who are resident in the UK. We will contact you and the applicant for other details required by E-mail or telephone.
Contact: orchidofsiam@hotmail.com
Please fill in the blanks. Fields marked with * are Required.
Your Name: *
 
Your Nationality: *
 
Your E-mail address: *
 
Your Telephone Number: *
 
Nationality of Applicant: *
 
Your Relationship to the Applicant: *
 
We Wish To Apply For:: *
 
Your Status In The UK: *
 
Please give details of anyone else applying: *
  For Example your wife may be applying to bring her child with her
Any other information:  
 
I Have Read, Understood And Agree To Your Terms & Conditions: *
 
I agree that my file may be audited by the OISC: *
  Office of the Immigration Services Commissioner
Method of Payment: *
 
How did you learn of us?:  
 

 




Orchid of Siam
24, Digdens Rise,
Epsom, Surrey, KT18 7DL
England.
01372210361-2
orchidofsiam@hotmail.com


 
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