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Author Topic: Schengen & UK question  (Read 11027 times)

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Offline rambler

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Schengen & UK question
« on: October 29, 2009, 01:28:18 PM »
Hi !
I just got news that my friend has a 12 month Schengen granted by Hungary!!! : >) !!!

Does this mean she must go from Moscow to Hungary first before entering other Schengen countries? Or could she fly directly to France?

I am based in UK  for work but own a house in France, rent in UK, contract in UK, no work permit in Schengen.

I think she will have to apply for a Visa to the UK from Moscow and will not be allowed to apply for a UK Visa from a Schengen country. Can anyone confirm that please?

Are there any gotchas we should be aware of now?  I am US citizen with "right to remain for an indefinite period" (several decades already)  in UK. No official rights to remain in France!  No UK passport. I think I should get one... 

Thanks R
Woman: "How do you write women so well?" Melvin: "I think of a man, and I take away reason and accountability." Jack Nicholson in As Good as it Gets, 1997.

Offline Johnny2009

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Re: Schengen & UK question
« Reply #1 on: October 29, 2009, 01:44:49 PM »
Hi !
I just got news that my friend has a 12 month Schengen granted by Hungary!!! : >) !!!

Does this mean she must go from Moscow to Hungary first before entering other Schengen countries? Or could she fly directly to France?

I am based in UK  for work but own a house in France, rent in UK, contract in UK, no work permit in Schengen.

I think she will have to apply for a Visa to the UK from Moscow and will not be allowed to apply for a UK Visa from a Schengen country. Can anyone confirm that please?

Are there any gotchas we should be aware of now?  I am US citizen with "right to remain for an indefinite period" (several decades already)  in UK. No official rights to remain in France!  No UK passport. I think I should get one... 

Thanks R


Hi

She would have to apply in Russia in any number of VAC (visa application centres), all applications are then forwarded to Moscow for processing!

I have been through this process in the last few months with my wife so if you need any help in the future you are welcome to PM me!

They are very strict with paperwork but if you submit all correctly, no problems!

Offline Shadow

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Re: Schengen & UK question
« Reply #2 on: October 29, 2009, 01:48:07 PM »
Hi,

Please note that I am not a lawyer and you might want to consult same of the things with someone specialized in immigration.

1. Schengen Visa
If she has received a Schenge 'C' visa, which is for access to all countries, she can fly direct to France. The rules on the Schengen visa state that visa must be granted in the country of destination OR in the country of entry. As long as she when asked tells she will go to Hungary at some point, entry should not pose a problem.

However there is a small possibility that she has been given a 'D' visa for Hungary only. In this case, she is officially not able to visit other countries as Hungary.
As Hungary has many workers from the FSU, who are given a visa for single Schengen county only, they do check this. Als in this case entry in another coutry is not possible.

2. Visiting UK
If she wishes to visit the UK then as long as you are not married she must have a tourist visa. As the UK is not a part of Schengen, they have their own policies.

3. Future developments
If all goes well, for the future it might be better if you do NOT get the UK passport.
However especially this part has to be checked by an immigartion lawyer.
As you have a work permit in the UK for unlimited time, this work permit should make you a citizen under EU law. Please note this has nothing to do with nationality.
As a citizen under EU law you have the right to work and live in any of the EU countries. And similarly, as citizen under EU law your spouse has the right to visa as long as she is married (or in certain countries legal partner outside mariage) with you.
This means that as citizen under EU law it might actually be easier for you as when you have a UK passport, in which case any request in the UK will have to follow the UK laws instead of the EU laws.
As for settlement in France,  it does not matter if you are having a UK passport or are citizen under EU law by your working permit. In both cases you are citizen under EU law, and can claim the right of your spouse to be provided with EU visa.

To summarize:
Let you girlfriend check if the Schengen visa is a 'C' for all countries or a 'D'for Hungary only, to avoid any problems later on.
Check with an immigration lawyer if you are seen as citizen under EU law because of your working permit.
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Offline Johnny2009

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Re: Schengen & UK question
« Reply #3 on: October 29, 2009, 01:53:59 PM »
Hi !
I just got news that my friend has a 12 month Schengen granted by Hungary!!! : >) !!!

Does this mean she must go from Moscow to Hungary first before entering other Schengen countries? Or could she fly directly to France?

I am based in UK  for work but own a house in France, rent in UK, contract in UK, no work permit in Schengen.

I think she will have to apply for a Visa to the UK from Moscow and will not be allowed to apply for a UK Visa from a Schengen country. Can anyone confirm that please?

Are there any gotchas we should be aware of now?  I am US citizen with "right to remain for an indefinite period" (several decades already)  in UK. No official rights to remain in France!  No UK passport. I think I should get one... 

Thanks R


Hi

My post was in relation to the UK entrance Visa! Others on this forum will know much more than me about Schengen requirements.

If you need any help with the Uk question, please let me know!

Offline RussianWind

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Re: Schengen & UK question
« Reply #4 on: October 29, 2009, 03:02:14 PM »
I just got news that my friend has a 12 month Schengen granted by Hungary!!! : >) !!!

Twelve month Schengen granted by Hungary?
Something new to me. Why Hungary? To get a 12 month visa an applicant should have very weighty reasons. Have you met your girl already? I guess not. I would believe in 12 month French Schengen but Hungary  ::)

Ask her if she ever been in Hungary. It's a rule, they give a first visa for 1 month. I've been to many Schenguen countries and have different visas but when I applayed for a Spanish visa, Spanish gave me 1 month only. In other words I don't believe in 1 year Hungarian Schengen if she doesn't visit this country often. NOT POSSIBLE.

Does this mean she must go from Moscow to Hungary first before entering other Schengen countries? Or could she fly directly to France?

She can fly directly to France. But she should remember that her main destination is Hungary and her stay in this country should be longer than in others. If she doesn't do it, she will have problems with getting next visa.

I am based in UK  for work but own a house in France, rent in UK, contract in UK, no work permit in Schengen.

I think she will have to apply for a Visa to the UK from Moscow and will not be allowed to apply for a UK Visa from a Schengen country. Can anyone confirm that please?

Exactly.

Are there any gotchas we should be aware of now? 

If you meet and decide she should go to the UK, I would think carefully what to write in the application for the UK visa. Meet her first and ask your question again. I will come with my advices, promise  :D

P.S. If you really meet in France, keep your/her tickets, photos together etc. May help later.
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Offline RussianWind

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Re: Schengen & UK question
« Reply #5 on: October 29, 2009, 03:05:00 PM »
She would have to apply in Russia in any number of VAC (visa application centres), all applications are then forwarded to Moscow for processing!

Not in any, depends on her place of living.
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Offline rambler

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Re: Schengen & UK question
« Reply #6 on: October 29, 2009, 04:26:20 PM »
Hello,
Thank you for the replies, very useful!  Johnny I have PM'd you.
RW
We have met twice, Moscow and Paris so far, only for about 16 days total.
She was recently in Hungary, has friends there and got invitation from them. The point about staying in Hungary is good point, caution.

Shadow, thanks, I am really intrigued by your assertion that I am an EU citizen, I never realised this, so will have to check it out.  Of course I have worked here in UK for decades but don't have a work Permit as such because my stamp in US passport used to say "allowed to remain indefinitely without let or hindrance" whatever that means, due to British mother. I thought that as UK is not a Schengen member, my UK status did not allow me to live and work in Europe. In fact I was recently unable to take  a job in Amsterdam because of the US passport. Where does the work permit = EU citizenship come from?

Best

R
Woman: "How do you write women so well?" Melvin: "I think of a man, and I take away reason and accountability." Jack Nicholson in As Good as it Gets, 1997.

Offline RussianWind

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Re: Schengen & UK question
« Reply #7 on: October 29, 2009, 05:09:54 PM »
Ok, the question about Hungary is taken down. It just sounded so unusual to me, so I had to warn you. It's fine that you already met the girl before.

My Swiss friend works in the UK. Since Switzerland joined the Schengen agreement, he doesn't need a working permit though Switzerland is not in EU.

Also some British territories like the Channel Islands. People from there are not allowed to work in Europe, though I have no idea how they can check it as they all have British passport.

It's so complicated, you should search for information in official UK sites.
« Last Edit: October 29, 2009, 05:13:31 PM by RussianWind »
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Offline Shadow

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Re: Schengen & UK question
« Reply #8 on: October 30, 2009, 02:17:44 AM »
There is a lot of confusion regarding the Schengen and EU countries, and in a number of cases even government officials are confused enough not to follow the regulations.

So lets start on the definitions:

EU : This is the European Union, and countries in this union work together in economy, politics and trade. Inside the EU there is the right of free trade and free moving of citizens.

Schengen: This is a treaty between countries about border control. Within Schengen countries internal borders are removed and border controls are sporadic.

As said it is possible to be in Schengen and not in the EU (Iceland, Norway, Switzerland) and it is possible to be in the EU and not in Schengen (UK, Ireland, Bulgaria, Romania, Cyprus).

By having a residence permit in one EU country, one becomes a EU citizen, and receives basic EU rights which include freedom to choose where to live and work. It does not matter if the country is a member of Schengen or not, the EU laws are separate from the border control laws.

The matter to invesitgate is if your permission to stay and work in the UK based on your mother being British is equal to a residence permit. If so, you have the right to live and work anywhere in the EU.
It could take some showing of EU jurisdiction though to convince the odd government official. I have experience where I found my own limited knowledge of the immigration laws correcting the Dutch city hall officials, which they were not really happy about....
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Offline Johnny2009

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Re: Schengen & UK question
« Reply #9 on: October 30, 2009, 02:24:20 AM »
Hello,
Thank you for the replies, very useful!  Johnny I have PM'd you.
RW
We have met twice, Moscow and Paris so far, only for about 16 days total.
She was recently in Hungary, has friends there and got invitation from them. The point about staying in Hungary is good point, caution.

Shadow, thanks, I am really intrigued by your assertion that I am an EU citizen, I never realised this, so will have to check it out.  Of course I have worked here in UK for decades but don't have a work Permit as such because my stamp in US passport used to say "allowed to remain indefinitely without let or hindrance" whatever that means, due to British mother. I thought that as UK is not a Schengen member, my UK status did not allow me to live and work in Europe. In fact I was recently unable to take  a job in Amsterdam because of the US passport. Where does the work permit = EU citizenship come from?

Best

R

Just sent you PM back, let me know if you didn't get it!

Regards

John

Offline RussianWind

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Re: Schengen & UK question
« Reply #10 on: October 30, 2009, 03:20:52 AM »
There is a lot of confusion regarding the Schengen and EU countries, and in a number of cases even government officials are confused enough not to follow the regulations.

Shadow I agree with your statements completely. But you speak of theory, read my post again - I speak of facts. I don't understand the connection between Schengen and working permit, maybe they just signed other agreements at the same moment. Still I would advice to inquire at official sites.

By the way official sites are also not a panacea. They can keep one information in theil local site and something different at their foreign site about the same topic.
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Offline wiz

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Re: Schengen & UK question
« Reply #11 on: January 21, 2010, 01:34:35 PM »
Bringing your Russian wife to an EU country it's FREE!
But Not to your own country and The process is simple!

An EEA (European Economic Area) Citizen,have an absolute right of residence in the UK or any other EU country  for 90 days. After that period he/she must be exercising a Treaty Right (work, study, job seeking etc). (National Rules apply for any EU citizen residing in their own country).

The non-EEA partner has exactly the same rights, derived purely from her/his relationship to you. Those rights exist regardless of the issuing of any paperwork by the UK or the other EU country. Any permits, Residence Cards etc only confirm those existing rights, but they don't grant them (though they are of course, useful to have to make life easy!).

The practical steps are that your partner should (whether it is is in Russia or Italy) apply for a EEAFP (which must be free and issued speedily) to accompany, or join you in the UK or other EU country you reside. Don't be put off by the long form the UK Border Agency site provides, you can ignore many of the things it asks for. As long as you supply your passports and a marriage certificate they *cannot* refuse your application unless they are able to prove it is a marriage of convenience or that you are a threat to public order, etc.

You can even arrive in the UK or other EU country without an EEAFP for your partner, as they *must* admit you if you supply your passports and a marriage certificate (however an EEAFP makes it easier as there is always the risk of an ignorant airline staff member refusing to let the non-EEA partner to board "without a visa").

Once here she can apply for a Residence Card, that will probably take up to six months, but remember that it is *not* a prerequisite for anything. You both have residence etc rights without any paperwork. The Home Office will supply a Certificate of Application showing that they have received the residence card application, this is usually enough proof of entitlement for employers etc.

FREEDOM OF MOVEMENT IN THE EEA
NO SCHEGEN OR OTHER TYPE OF VISA IS REQUIRED

Article of the EC Treaty stipulates that every citizen of the Union shall have the rights to of the member state.

In accordance of the article 5(2) of the Directive 2004/38/EU, Third country Nationals who are family members of an EU citizen and are in possesion of "a RESIDENT CARD of a family member of a Union Citizen " are Exempted from any visa requirement when travelling to accompany or join the EU Citizen in another state

My wife's Visa in the British Conulate in Moscow took 24 hours to be issued and her Resident card 7 months (because of reorganisation at the time of the UKBA) but now it takes no more than 2-3 weeks.

My wife has travelled freely with me to Greece, France and we are going back to Greece tommorrow, without any problems at all!

All paper work, visas and Resident card were issued for FREE>
 
Europeans living and working in another EU country have it a lot easier than most of those living in their own country!   :D  :D  :D

Make sure you have read http://ec.europa.eu/commission_barroso/barrot/archive/guide_2004_38...

It's a pdf file and you must download it!

Americans welcome to the Land of Freedom!

 :cheesygrin:


« Last Edit: January 21, 2010, 01:36:41 PM by wiz »

Offline Shadow

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Re: Schengen & UK question
« Reply #12 on: January 21, 2010, 02:34:41 PM »
If anyone needs more information on what wiz has posted, or on general Schengen questions, you can always ask or PM me.
In about 3 weeks I will post something on this subject.
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Offline Gylden

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Re: Schengen & UK question
« Reply #13 on: January 21, 2010, 04:36:34 PM »
The requirement of a visa for short-term stays in the Schengen area which do not involve employment or any self-employed activity are set out in an EU regulation. The list of the nationals which require a visa for a short-term stay (so-called Annex I list) and the visa-free nationals (so-called Annex II list) refers to the nationality of the third-country national and not to the passport or travel document he or she is holding (with an exception to holders of Hong Kong SAR and Macau SAR passport holders, and another exception vis a vis holders of refugee travel documents, where the country which issued the travel document is relevant). Third-country nationals who intend to take up employment or self-employed activity may be required by member states to obtain a visa even if they are listed on the Schengen visa-free list; usual business trips are normally not considered employment in this sense.

The uniform visa is granted in the form of a sticker affixed by a Member State onto a passport, travel document or another valid document which entitles the holder to cross the border, provided that the entry conditions are met at the time of entry.

It is granted in the following categories:

Category A refers to an airport transit visa. It is required for some few nationals for passing through the international transit area of airports during a stop-over or transfer between two sections of an international flight. The requirement to have this visa is an exception to the general right to transit without a visa through an international transit area of an airport.
Category B refers to a transit visa. It is required by nationals who are not visa-free for travelling from one non-Schengen state to another non-Schengen state, in order to pass through the Schengen area. Each transit may not exceed five days.
Category C refers to a short-term stay visa. They are issued for reasons other than to immigrate. They entitle holders to carry out a continuous visit or several visits whose duration does not exceed three months in any half-year from the date of first entry.
Category D refers to national visa. They are issued by a Schengen state in accordance with its national legislation as with respect to the conditions (however, a uniform sticker is used). The national visa allows the holder to transit from a non-Schengen country to the Schengen state which issued the national visa within five days. Only after the holder has obtained a residence title after arrival in the destination country (or a different visa), he may again travel to other Schengen countries.
Category D+C visa combine the functions of the visa of both categories: They are intended to allow the holder to enter the issuing Schengen state for long-term stay in that state, but also to travel in the Schengen area like a holder of a Category C visa.
FTD and FRTD are special visa issued for road (FTD) or rail (FRTD) transit only between mainland Russian Federation and its western exclave of Kaliningrad Oblast.
Under specific circumstances, the territorial validity of a Schengen visa of the categories B, C, or D+C is issued with territorial validity to not all of the Schengen states. Such visa may, for example, be issued for humanitarian or other specific reasons. Territorial validity may also be restricted in case that the travel document in which it is affixed is not accepted by all of the Schengen states. In such cases, the visa authorizes a foreigner entry, stay, and exit exclusively in the territory of one or more Schengen member states for which the visa is valid.

Under certain conditions, seamen are issued visa at the border in order to board a ship or travel home from a ship in a Schengen harbor. Furthermore, visa may also be issued at the border in exceptional cases, e.g. emergencies.

To obtain a Schengen visa, a traveler must take the following steps:

He or she must first identify which Schengen country is the main destination. This determines the State responsible for deciding on the Schengen visa application and therefore the embassy or the consulate where the traveler will have to lodge the application. If the main destination cannot be determined, the traveler should file the visa application at the embassy or consulate of the Schengen country of first entry. If the Schengen State of the main destination or first entry does not have a diplomatic mission or consular post in his country, the traveler must contact the embassy or the consulate of another Schengen country, normally located in the traveler's country, which represents, for the purpose of issuing Schengen visas, the country of the principal destination or first entry.
The traveler must then present the Schengen visa application to the responsible embassy or consulate. A harmonized form is to be submitted, together with a valid passport and, if necessary, the documents supporting the purpose and conditions of the stay in the Schengen area (aim of the visit, duration of the stay, lodging). The traveler will also have to prove his or her means of subsistence, i.e., the funds available to cover, on the one hand, the expenses of the stay, taking into account its duration and the destination, and, on the other hand, the cost of the return to the home country. Certain embassies or consulates sometimes call the applicant to appear in person in order to explain verbally the reasons for the visa application.
Finally, the traveler must have travel insurance that covers, for a minimum of €30,000, any expenses incurred as a result of emergency medical treatment or repatriation for health reasons. The proof of the travel insurance must in principle be provided at the end of the procedure, i.e. when the decision to grant the Schengen visa has already been made. This type of insurance can be easily found on the web from well-known insurers.
Requirements for family members of an EEA citizen differ from those indicated above. In general for family members of an EEA citizen, there is no requirement to provide information about one's employment, or to prove one's means of subsistence. In addition, no fee is required for the visa to be issued.

http://www.schengenspace.com/visa_types

Hope this helps  8)

Offline Gylden

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Re: Schengen & UK question
« Reply #14 on: January 21, 2010, 04:39:53 PM »
My wife got her first schengen for a 90 day visit. She still needs a visa to the UK after living here for more than 5 years and holding a permanent residence permit here in Norway.
 8)

Offline wiz

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Re: Schengen & UK question
« Reply #15 on: January 21, 2010, 10:10:36 PM »
My wife got her first schengen for a 90 day visit. She still needs a visa to the UK after living here for more than 5 years and holding a permanent residence permit here in Norway.
 8)

Ah my friend

The united Kingdom is not part of the Schengen aquis, only has signed for the security portion, so your Ukrainian wife has to have a Visa..... but it's free to apply! ;)

According to claims....... the British Goverment want to have complete control of our borders and not Open ones as the rest of Europe..... :wallbash: so these terrible people who want to come and milk our social sustem in the UK must stay out!  ;)

The truth is they have lost control on immigration and now is rumored that we have over 3 milion illegals......

I am sorry that your wife can't have the same benefits as mine with her resident card...... :(



Offline Gylden

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Re: Schengen & UK question
« Reply #16 on: January 21, 2010, 10:36:01 PM »
Wiz,
There is nothing to apologize for, we are not wanting to come to the UK. I was just responding to the OP about schengen visa and some of the rules. It is not so black and white sometimes.
 8)

Offline Shadow

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Re: Schengen & UK question
« Reply #17 on: January 22, 2010, 02:26:10 AM »
Ah my friend

The united Kingdom is not part of the Schengen aquis, only has signed for the security portion, so your Ukrainian wife has to have a Visa..... but it's free to apply! ;)

According to claims....... the British Goverment want to have complete control of our borders and not Open ones as the rest of Europe..... :wallbash: so these terrible people who want to come and milk our social sustem in the UK must stay out!  ;)

The truth is they have lost control on immigration and now is rumored that we have over 3 milion illegals......

I am sorry that your wife can't have the same benefits as mine with her resident card...... :(



Wiz,

The interesting thing is that while the UK is not part of Schengen, they are subject to EU immigration laws. This makes the 'not part of Schengen because of immigration security'  basicly a farce.
Anyone with EU residency has the basic right to visit the UK, and unless deemed a hazard to public safety can not be denied. Apart from that the former colonies of the UK where most of the immigrants come from also have some basic undeniable rights.
In the end, the laws keep a number of people busy and hinder many good-willing citizens. Those with motives of becoming illegal or profiting from the social security will always find a way.
No it is not a dog. Its really how I look.  ;)

Offline wiz

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Re: Schengen & UK question
« Reply #18 on: January 25, 2010, 05:09:19 AM »
Wiz,

The interesting thing is that while the UK is not part of Schengen, they are subject to EU immigration laws. This makes the 'not part of Schengen because of immigration security'  basicly a farce.
Basoluetely right and frankly I hate teh way our Goverment is treating our Russian relatives.....

Quote
Anyone with EU residency has the basic right to visit the UK, and unless deemed a hazard to public safety can not be denied. Apart from that the former colonies of the UK where most of the immigrants come from also have some basic undeniable rights.

In the end, the laws keep a number of people busy and hinder many good-willing citizens. Those with motives of becoming illegal or profiting from the social security will always find a way.
The UK is implementing the Directive 2004/38/EU so every EU National has the right to come and live and work here and also is entitled to all benefits, as any British National.

Any how most EU countries are full of Legall and illegal immigrants......just back from Greece where I saw Athens full of North Africans and Latin American immigrants.... scary in some places to walk around in the evening!

Any how as I said previously the British Goverment is just making a lot of talk about immigration and nothing more... elections are coming soon and that says it all.!


Offline rambler

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Re: Schengen & UK question
« Reply #19 on: February 14, 2010, 03:27:22 PM »
Hi Wiz,
I am a US citizen, working in the UK, with leave to remain for an indefinite period due to British mother. I have also owned a house in France for 12 yrs and ironically pay my taxes there but cannot work there as I have never jumped through all the hoops of getting whatever is needed to be resident and working in the EU.  My UK rights to work cut no ice in say the Netherlands which insists I  need a sponsor in order to get a work permit.

Anyway things have progressed and I am collecting all the paperwork to apply for a visa for my lady. We are engaged and intend to marry in Prague (less red tape than Moscow or UK) and then apply for a spousal visa to the UK.  

There is a long list of paperwork such as property details, income, employment, marriage and divorce papers, banking records, tax returns, savings, assets, liabilities outgoings, relationship history, signed affidavits by people who saw us together, photos us and friends and family together, travel documents, travel history, passports, birth certificates etc., that must accompany the application. Plus I am being advised I will need to be able attend an interview with her in Moscow if she is asked to have one and that is highly likely because of the circumstances.

So there seems to be no automatic right of entry in my particular case, or if there is it is not apparent to me as I am not an EU or UK citizen, unless by some default that is not clear to me or my Visa advisor.

BTW his experience based on 8 years arranging marriage and Fiancée Visas is that the success rate is about 50/50 regarding marriages between FSU women and foreign men. That does not seem so different from the divorce rate in the UK, which on hearsay is about 40%.

So from first letter to any FSU woman to engagement  was 10 months. That took me 9 trips: to Russia 1 , France 5, and Ukraine 3, meeting only one woman per trip, met only 6 women up to 28 yrs old, one twice and my Fiancée several more times after we committed to each other, in Paris, plus a holiday in the Indian Ocean area. BTW I told her in my first short note, in  all sincerity that she was by far the most beautiful woman on the website. But I had to fight and fade and change tack multiple times to eventually win her 9 months later, including what we both thought was the end of it halfway along the line.

As it is Chinese New Year today I will let on how I zeroed in on just 5 women I was interested in. I used books on compatibility according to Chinese and western astrology. I am not going to enter into a debate along the lines of "you cannot possibly believe in that .."  All I will say is results speak louder than words.  Buy books by Liz Greene and Suzanne White and if you are serious about a woman get a custom reading from Astro.com by L G called a relationship reading for about 100 bucks.  It will give you insight about how to play your cards, when to fold and who to really pursue relentlessly and who to avoid altogether.  Of the 5 women I met, had there been only one possibility there was only one total mistake.  On the flip side I am a Dragon and I married an OX which is complete no  no in China. Although together for 12 years before marriage, we divorced within three years.  Don't go against the basic compatibilities. But if you are compatible on paper study her chart and characteristics and find out how to behave with her, what her priorities are in life and last but not least, how to seduce her. Thes books are written by women!

So it was about 45 days of travels and meetings before I knew I had found and secured "the one". There were several false starts and changes of heart plus many mistakes and gotchas better exposed and discussed on another thread ...  

Thank you for your tips on Visas. Now I need advice on getting hitched in Prague, Russian style and stay hitched. It has been quite a year but I made it my number one goal and was lucky to have the time and resources needed.    

Rambler
(dun ramblin', I hope)
« Last Edit: February 14, 2010, 04:06:51 PM by rambler »
Woman: "How do you write women so well?" Melvin: "I think of a man, and I take away reason and accountability." Jack Nicholson in As Good as it Gets, 1997.

Offline wiz

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Re: Schengen & UK question
« Reply #20 on: February 14, 2010, 10:56:49 PM »
Hi Rambler

You don't call your self that name without a reason.....LOL

Firstly I have no idea what you need to do to get married to your fiance in Prague and on the other hand I see no real problems in getting married in Russia.

Personally I choosed to marry my wife in Russia because her family was there and how could I deprive her from having the family around?

All you need is:

1. Application to ZAGS to get married.
2. Copies of your passport
3. Certificate of Impedement, if you were married before
4. copy of your divorce parer
6. 200 Rubbles Fee.
7. Your immigration card registred with OVIR when you arrive

All documents Apostil in the UK or USA and translated in Russian, which can be done easily locally and very cheaply!

As about the time that you have to be there before the marriage, not a problem. I arrived on the 9 June and got married on Sat 14 June........and no bribe was paid, just a nice chat.

If you want to be more sure (because I don't know where in Russia your fiance lives) then go to the Russian Consulate, complete the application for marriage in Russian, pay £20 for the stamp and send it to your fiance together with the other documents and she knows what to do next!
Then you can go on a tourist visa and get married the day you were given.

Then Apostil, translate and Notarise your marriage Certicate and apply for her Spouce Visa in the British Consulate in Moscow.

Questions.

1. Why don't you aplly for Nationalisation and a British Passport and make your life easy?

I have dual nationality and life on that score has been very easy for me over the past 30+ years.

When I decided to get married to my wife my Greek Nationality came very handy as I was able to exersise my  EU Treaty rights and all paper work with the British Consulate and state for a Resident card it was FREE. Now she can also travel anywhere in Europe without any Visa!

But if you get the British Passport yours will always have to apply for a Schenge Visa which will Free for her.

2. Has your fiance ever been to the UK on a tourist visa?

If she hasn't then your chances are very slim and for sure they will ask her to attend an interview in Moscow and you are not allowed to accompany her, if they do not refuse her application outright from the start. She seems to be very young and with no long history with your relationship.

You need to build history with her before applying and prove you have the means and a solid relationship and your marriage is not one of convinience!

I know of a few people who have been refused despite their British Nationality and they had to either appeal or reaply, long hassle for all of them. :(

I think you are rushing things and you will get into trouble with the British Authorities ... except if you are a Russian or a millionaire.......... ;)

Are you a Member of Real Russia?

Sounds like you got that info from there...... and they know what they are talking about!

Whatever you do, I wish you good luck. :D

 :offtopic:

I was born on the 23 Jan 1945 and she was born on 31 Aug 1963.

With your Chinese books and knowledge of Astrology, do you think we are compatible?

BTW I only met my NOW wife for a coffee the first time..... (that's what I asked her for).... we met at 4 PM, Fancied her like mad .... used my Greek charm and seduced her to eat dinner with me and have another coffee... and by 11 PM send her home by taxi well balled over and then 7 trips to Russia and 1 in the UK by her..... and finally we got married just over a year later in June 2008!

I lived with her in Russia just over 5 months total time. We had false starts and problems caused by my previous RW but she was hooked from day one so finally we made it on the other side.....and I am sure my wife loves me deeply..... as she did not gained anything by moving to live in the UK with me, on the contrary, because I am a poor pensioner!  :D

Finally anybody who claims life with a Russian or any other woman it's easy, after getting married, is lying or has not a clue of what it takes to make a success of your marriage and also to be very happy!  ;)

PS: sorry about my grammatical and other mistakes... but it's very early, 6 AM in the  morning and not enough cofffee!


Offline Shadow

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Re: Schengen & UK question
« Reply #21 on: February 15, 2010, 02:02:08 AM »
Rambler, first of all to make your visa position clear.
As you never got through all the hoops, does that mean you only have an American passport and do not possess any kind of UK identity card ?

Regarding marriage, every country has its own rules and regulations. It would be best to fisrt check out which will be the best for you.
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Offline wiz

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Re: Schengen & UK question
« Reply #22 on: February 15, 2010, 07:45:16 AM »
Shadow

We don't have ID cards in the UK. The Home Office want to intoduce them now but there is a big song and dance because people complaint for the cost they want to charge, so for now it's postponed till the elections in May, are over.

He must have Indefinited Stay in his passport because of his mother, which allows him to live and work in the UK permanently.

Whichever way he chooses will be under the UK Local immigration Law therefore until he proves that the lady has history of travelling to UK, at least one time, he will have a problem.

He has to prove that the marriage is legal and not a Fake..........

PS: Could you let me know if in Holland for the EU citizens, is implemended according to the 2004/38/EU directive or you have different requirements?

A RW I know, she is getting married to a British citizen who lives and workd in AMS and wants to know if the Directive applies in Holland.

« Last Edit: February 15, 2010, 07:50:12 AM by wiz »

Offline Shadow

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Re: Schengen & UK question
« Reply #23 on: February 15, 2010, 08:11:16 AM »
Wiz, the reason I ask Rambler for his status is that the EU laws and rights are usually unknown to the local officials, and even a number of lawyers.

If Rambler has a US passport and not any status in the UK, that means he effectively has to leave and return every 90 days. If he goes to his house in France and back regularly, he will never pass the 90 day limit and all will be well.

If he does have a status because of his mother being British, he might be classified as European citizen, if he is British citizen by birth. However as British citizenship is itself divided, it will depend on which class he is in.

As for your question, I have these links for your friend, they might be helpful.

Foreign partner foundation
Foreign policies regarding EU citizens
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Offline rambler

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Re: Schengen & UK question
« Reply #24 on: February 15, 2010, 01:32:39 PM »
Hi ,
No I have no UK passport, no EU ID. I am American only. 
 My Fiancée is Russian and has travelled a lot but not to the UK so I don't see why her having been here or not is an issue.  She has never broken the terms of a tourist Visa.

I have lived and worked in the UK for decades.  Indefinite leave to remain means permanent . It is as good as you get unless you become a Naturalised British citizen.  Yes it would be much simpler but I don't want to be British unless I have to. I have the forms printed out for naturalisation but 18 pages of questions ....

My Visa  advisor suggested I must go to the interview in Moscow to prove it is a real relationship so I doubt one cannot go. He has 8 years experience and a 100% record, because he forces you to have every angle covered in the supporting documentation, including a survey of your house to prove it is good enough to not be overcrowded an d proof of earnings and outgoings etc. 

R

 
Woman: "How do you write women so well?" Melvin: "I think of a man, and I take away reason and accountability." Jack Nicholson in As Good as it Gets, 1997.

 

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