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Long Stay Non EU Spouse France

2K views 6 replies 3 participants last post by  Bevdeforges 
#1 ·
Can anyone help??
I currently live in France.
My Wife is Peruvian and we have a 20 month son who has a British Passport, they are in Peru at the moment.
I am renovating a farmhouse in France that my father bought a year ago.
The house is in his name and I am the occupant.
I want to bring my wife over to be with me (and help with the house) For a period up to a year.
When it is done we intend to settle either in the UK or Peru.
I am a musician/writer with no work contract, though I have savings in the bank in France and am registered here for tax.

So, my questions are:

1. Can she apply for a long stay visa? (Or does one exist without residency application?) And do we have a good chance of obtaining one?
2. Is there any info about what would be required to show she will be financially okay?
3. Can we apply for residency in the UK during her stay in France?

It's so hard and confusing out there without a law degree in immigration and it seems impossible to find the kind of agencies available in the UK.

If anyone can help PLEASE let me know!!
Thanks in advance
 
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#2 ·
Actually, things are easier than what you're thinking of doing...

As an EU national living in France, you're entitled to bring your family to live with you. This is the page in Service Public that explains it (in French): Citoyens européens et suisses : installer sa famille proche en France - Service-public.fr

Basically, she only needs a short-stay visitor's visa to get into France. (Not sure if she has to apply for a Schengen visa or if she can enter as a tourist on a stamp in her passport.) Within two months of her arrival, she should apply for a carte de séjour based on your status in France (if you're working, then as a "worker" - or as an "inactif" if that applies - if you're registered for tax purposes, that should do even if you have no work contract).

If she has to apply for a short-stay visa, she may need copies of your bank statements or your tax registration documents to show that she is going to join her EU national husband who is established in France (exercising his EU rights).

Once she is resident with you in France, then you can apply for a spouse visa for the UK - but drop by the UK section here on the forum. There are lots of threads on spouse visas and the process for getting them.
Cheers,
Bev
 
#3 ·
Buying tickets before visa granted

Hi
I sent the following request a couple of months ago and BEV sent back a prompt reply.
Unfortunately I can't continue the thread until I have made 4 posts.
I did at least want to thank BEV.
I have an ongoing question related to the first post, so feel it necessary to include it here:

The first post is as follows:

My Wife is Peruvian and we have a 20 month son who has a British Passport, they are in Peru at the moment.
I am renovating a farmhouse in France that my father bought a year ago.
The house is in his name and I am the occupant.
I want to bring my wife over to be with me (and help with the house) For a period up to a year.
When it is done we intend to settle either in the UK or Peru.
I am a musician/writer with no work contract, though I have savings in the bank in France and am registered here for tax.

So, my questions are:

1. Can she apply for a long stay visa? (Or does one exist without residency application?) And do we have a good chance of obtaining one?
2. Is there any info about what would be required to show she will be financially okay?
3. Can we apply for residency in the UK during her stay in France?

The ongoing question is:

What is also confusing is whether one needs to show the embassy a return ticket within the duration of the visa.
In the "Freedom of movement" website it states clearly that there is no "legal" requirement to show airline tickets or bank statements.
In the French Embassy visa requirements form it states that you do!!
Obviously we would want to avoid buying a ticket before the visa was granted and also avoid paying to change the tickets from 3 months to a year.
Thanks again
 
#4 ·
As you'll see, I've merged your new post in with your original thread. (You should have been able to continue the thread, but perhaps you hit a glitch of some sort when you tried to do so.)

I'm still a little uncertain of the details here. I take it your wife and son are still in Peru. Which visa is it they are applying for? A visa for France or a visa for the UK?

Assuming you are British, they should both be able to come to France on a short-stay visa - because they are coming to join you (a non-French EU national). They should only need a one-way ticket to France (or even a flight itinerary, indicating the flight they would like to take).

On arrival, (and within the first two months of their arrival), your wife needs to apply at the local prefecture for a carte de séjour. She'll need to show your passport and you will probably need to give them some indication of what you are living on while you are in France - savings, or whatever resources you are using.

Toward the end of your stay in France, you will need to apply for a spouse visa for the UK for her - and for that, you should take a look at the Britain section here on the Expatforum. The conditions for a spouse visa are changing and you will need to show proof of adequate resources on your return to the UK in order to get your wife the visa she will need to establish residence there.
Cheers,
Bev
 
#5 ·
Hi Bev, thanks again.
Just to clarify,
I am a British citizen and my son has a British passport.
My wife is Peruvian and they are both in Peru at the moment.
Accordingly it is my wife that will be applying for a visa to France
I imagine I will have to show "adequate resources" for her to obtain a Carte de Sejour.
Also the same if we choose to move to the UK after.
I just have no idea what that means.

Also, asfar as the tickets go, a one way is about the same price as a return. It categorically says on the French Embassy website that you need to have one on application....Though I read else where that it is categorically NOT a legal requirement.
Nor do you legally have to provide bamk statements etc....aaaaagh....:confused2:

As I said in the first thread, I am a musician/writer and have no work contract.
I have been working on the restoration of the house my family and I have here for the past year and a half and consequently have no official income (Though savings in the region of 45,000 Euros)

I am, as it were, finding my feet here in France and the house will be an extra source of income in a year or so.

Are there any advisory agencies or lawyers that could be recommended here in France??
I just feel that since my situation is, shall we say, abstract or not the norm, I might find myself in the situation of bringing my family over here only to find that my wife can't stay due to insufficient proof of resources.

Apologies for the long discourse and thanks again....this forum is priceless and you all must be the visa forum angels
 
#6 ·
Hi Bev, thanks again.
Just to clarify,
I am a British citizen and my son has a British passport.
My wife is Peruvian and they are both in Peru at the moment.
Accordingly it is my wife that will be applying for a visa to France
I imagine I will have to show "adequate resources" for her to obtain a Carte de Sejour.

<snip>

Also, asfar as the tickets go, a one way is about the same price as a return. It categorically says on the French Embassy website that you need to have one on application....Though I read else where that it is categorically NOT a legal requirement.
Nor do you legally have to provide bamk statements etc....aaaaagh....:confused2:

As I said in the first thread, I am a musician/writer and have no work contract.
I have been working on the restoration of the house my family and I have here for the past year and a half and consequently have no official income (Though savings in the region of 45,000 Euros)

I am, as it were, finding my feet here in France and the house will be an extra source of income in a year or so.
Hi Icaro,

Your situation is a little similar to ours (though no two situations are ever the same!). Me UK citizen, the missus is Australian. We've moved here permanently but still are going through the process Bev described.

1. resources - 45,000 euros should be fine. We moved over permanently with all our savings which were about the same and they were very happy with it. It's not necessary for you to have a job unless your wife wants to work.

2. bank statements - yes you absolutely have to show these to prove your resources. In addition, they weren't interested in our Australian bank statements - we needed to have the money in a French bank account. I imagine this may vary depending on how helpful the bureaucrat is but we initially had a very obstructive one.

3. Return tickets - we didn't provide a return ticket to the embassy even though the visa is a short stay one. This may depend on the embassy but also may be because I (and you) have UK passport which gives you and your wife the right to live in France. If you are worried, find a cheap ticket on the Eurostar or Ryanair to London to show she is leaving within a certain time. But I think better to be straight forward about your plans which are completely legitimate.

The best advice we had was to interact with the local authorities as much as possible. You will find online information often outdated or incorrect and local application varying from place to place. Nothing beats face to face contact (except standing in a queue to buy a ticket when there is an unused automatic ticket machine right there!!!!). Try the mairie and see if someone will help.

Cheers,
Tim
 
#7 ·
Basically, what Tim said.

When your wife goes for her carte de séjour, you don't actually have to show that you can "provide for her" - what they are looking for is evidence that you are "established" in France (and not just passing through). Having 45,000€ in the bank is a good start. And as Tim says, it should be a French bank (the fact that you have a French bank account is positive). They want to see 3 months of statements so they can see either how much is getting paid into the account each month, or how fast you're depleting the funds if you say that's what you're living off.

If you're living in and renovating the house your father owns, it wouldn't hurt to have a letter from your father (in French if possible) explaining that he is the owner and is letting you stay there in return for doing the work. That also shows that you are established in France and "exercising your EU rights."

No French bureaucrat likes "unusual" circumstances, but if you're calm, polite and have enough paperwork so he can cover his posterior with his superior, your wife will ultimately have little difficulty getting her carte de séjour.
Cheers,
Bev
 
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