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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11510
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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My huband is American. We lived in Norway, where he worked

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My huband is American. We lived in Norway, where he worked as a Geophysicist. We were transferred to America, but then moved back to Britain in 1995. My husband applied for, and was granted, permission to remain in the U.K. This we did until 2006. As we were close to retirement, I chose to move to France. My husband carried on working in Norway, but obviously came home every few weeks on leave. Norway is a member of the Schengen Agreement, so we have not encountered any problems until very recently. My husband made an application for a French Visa in September 2009, only to find out a few weeks ago that the paperwork has been lost. We have tried to sort things out over here, with no success whatsoever. My question is, will my husband be allowed to return to the U.K. to apply for a French Visa, or will we both have to move back again? If we move back to the UK, is his visa still valid? If he needs a new visa, can we go the the UK and apply for it in the UK, or do we have to be in a country where he has residency?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  INC replied 3 years ago.

Hello,

 

You say your husband has been granted permission to remain in the UK, what permission does he have?

 

Many thanks,

Customer: replied 3 years ago.

It is a stamp in his old passport that states "Given leave to remain in the United Kingdom for an indefinite period". It is signed by someone "on behalf of the Secretary of State Home Office", and dated 5th August 1996. There are several numbers on it, one printed that is "0237529A" that may indicate something. The others numbers are entered in ink. Unfortunately, we have been unable to locate the letter he was sent.

 

Expert:  INC replied 3 years ago.

Hello,

 

From the information you have provided, it would seem that your husband has Indefinite Leave to remain, this means that there are no restrictions upon him living or working in the UK.

 

If he now wishes to apply for French Visa, he is entitled to do so either from the UK or his normal country of residence which is Norway.

 

An alternative solution may be for your husband to apply for an EEA Family Permit in France. This allows family members of EEA Nationals entry into another member state for the purposes of exercising treaty rights. This would include, living, working and studying.

 

Thus, in response to your question, your husband will be able to apply for a French Visa from either the UK or Norway. Alternatively, he can also apply for an EEA Family Permit in France.

 

I hope this answers your question. If so, kindly click accept.

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Customer: replied 3 years ago.

I have a couple more questions that I would like to ask.

How long does it take to get a French visa in the UK?

Do you know what is required to apply for the EEA Family Permit, where the application has to be made, and because I live in France full time, would this be the best solution?

Expert:  INC replied 3 years ago.

Hi,

 

I am afraid I cannot answer the first of the two questions as this is very much dependant upon the French Embassy in the country where he makes his application.

 

With regard to the EEA Family Permit, as an EEA or Swiss national, your Husband has the right to live and work in France (known as the 'right of residence') if:

  • you are working or living in France; or
  • you can support yourself and your family in France without becoming an unreasonable burden on public funds

If you have a right to live in France, your family may join you there. Your family is defined as:

  • your spouse (husband or wife) or civil partner;
  • any children or grandchildren of you, your spouse or your civil partner who are under 21 years of age or who are dependent on you; and
  • the parents or grandparents of you, your spouse or your civil partner.

Other relatives (including extended family members such as brothers, sisters and cousins) do not have an automatic right to live in the other member state. To be considered, the extended family member must be able to demonstrate that they are dependent on you.

 

As your husband is not an EEA or Swiss national and he is coming to live with you permanently or on a long-term basis, he will need to apply for an EEA family permit before travelling to France. The EEA family permit is similar to a visa, and your husband should apply for it at his nearest French diplomatic post.

 

I hope this answers your question. If so, kindly click accept.

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Customer: replied 3 years ago.
Thank you for all the information. It has been much more than we have received anywhere else.
Expert:  INC replied 3 years ago.

It is a pleasure.

 

Good Luck.

 

May I also take this opportunity to wish you a happy christmas and prosperous new year.

 

Kind regards,

INC, Solicitor-Advocate
Satisfied Customers: 11510
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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