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SolicitorRM
SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 5503
Experience:  Director and Principal Solicitor. UK
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Well,I am a british citizen. My wife and I live in france. I

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hello
JA: Hi. How can I help?
Customer: well,I am a british citizen . My wife and I live in france . I am returning to edinburgh to work for a IT company .My wife and I have been married for 30 years . She is a south african . I recently applied for a FAMILY PERMIT for her at the UK consulate in paris .It was declined
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I applied at the UK consulate in paris. I am living in france. I am british
JA: Have you talked to a lawyer about this?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hi thank you for your enquiry and patience

Customer: replied 12 months ago.
pleasure

Hi, you should have been able to apply based on Surindher Singh rules. How long have you lived in France for?

Customer: replied 12 months ago.
thats the thing,we have been here since Nov 2017
Customer: replied 12 months ago.
can I send you the letter they sent me via email?
Customer: replied 12 months ago.
I also just my marriage certificate.I just cant believe that they dont recognise a 30 year marriage?

Hi thank you, ***** ***** look at this for you now

Customer: replied 12 months ago.
Thank you.

I have sent you an offer for a call as with immigration matters it can take a lot of back and forth typing to cover everything. I will type response here in any event whilst you consider whether you would prefer to speak on the phone

Customer: replied 12 months ago.
ok

The decision is not question your marriage . It acknowledges that you are married however to rely on the Surindher Singh route which means coming into the UK lawfully without paying the significant sums that you have to pay for the spousal visa it is very important that your presence in France satisfies the specific and quite stringent requirements under the SS route. What have you (the British Citizen) been doing in France since 2017 and have you made France your permanent home during the period you have been there? The answers to these two questions will determine whether you should appeal or just apply for a spousal visa under the ordinary rules.

Customer: replied 12 months ago.
Ah I see. I work for a south african company called ,maxdata. I work remotely from home in france.France is my permanent home since Nov 2017 .My wife and I live together
Customer: replied 12 months ago.
Oh yes, we own the home at 1 Rue du silence Aubusson France. I did send them the property deeds of our home .
Customer: replied 12 months ago.
I can also prove we have been here since Nov 2017 (passport stamps,entry and exit )

Hi thank you for the clarification. The eea rights that entitle you to fit the definition of an eea national in another eea state exercising your eea rights are very specific. Its the regulation 9(2)(a) that you did not fulfill if you could not show that you are working in France/self employed within France or self sufficient within France - all these entail that you are paying some taxes to the french authorities relating to your income (working remotely for another company that is not in the EEA country where you are living would not suffice). If you had permanent residence in France you would be ok as you would qualify under (b)

You definitely satisfy b and c but without (a) an appeal will not succeed regrettably.

I would strongly recommend that you consider applying for the spousal visa instead.

I hope this helps and I would be grateful for your rating at your earliest convenience by clicking on the row of stars at the top. If you would benefit from a call for further guidance do not hesitate to accept the call offer at any time. all the best

SolicitorRM and other Law Specialists are ready to help you
Customer: replied 12 months ago.
ok,I will apply for a standard visitor visa and when I get to the UK we can always take it from there. Quick question, I am worried that they will decline my request for a standard visitor and then we might be stuck and cant travel to the UK. Can they decline it for any reason?
Customer: replied 12 months ago.
by the way ,I AM VERY IMPRESSED WITH THIS SERVICE .You have saved me a lot of saved effort by NOT appealing as I would have LOST. Thanks very much !

Thank you for your feedback, it is much appreciated. Standard visitor visa should not be a problem as long as she will be able to show she has the funds to pay for her trip to and from the UK and to maintain and accommodate herself for up to 6 months whilst in the UK. You can support her by sponsoring the visit. With a visitor's visa the main reason for refusal is home office not believing applicants will leave before the 6 months is up. Having applied for a family permit therefore may pose a slight risk but you can counter this by ensuring you show enough evidence of plans to return to france and reasons for returning to france.

You should note you will not be able to switch to a spousal visa from a visitor visa so you cant mention that you will sort the spousal visa when you get to the uk.

She would have to leave and then come back on the spousal visa.

All the best

Customer: replied 12 months ago.
Fantasic, you know your stuff !!
Customer: replied 12 months ago.
have a great evening .

Glad I could help. All the best

Customer: replied 11 months ago.
hello again.Quick question,we submitted on 10th July for a family permit. Its now 21st august and we have not had my wifes passport returned . I did pay 5 pounds to send them an email ( chuckle) ,but they have not responded.Any suggestions would be appreciated?

Good morning. The UKVI timescales are all over the place at the moment. Did you apply for an EEA family permit or a standard visitor visa? Either way It can take up to 3 months so from July they will not consider it unreasonable delay. did you submit it online?

Customer: replied 11 months ago.
its a family permit.Yes,submitted all docs online,went to paris on 10th july, received the letter via email saying it was declined, but we have not received the passport back . I need the passport back so I can go back and reapply.

Thank you, ***** ***** after my guidance you had gone back and done another family permit application. The visa processing centres aren't open in most countries, but if you opted for and paid for courier service for return of passport they should have done so. If you didnt then it really depends on when the centre in paris opens, Try to call this number +44 (0)203(###) ###-####/p>

Customer: replied 11 months ago.
thank you for all your help

you are welcome