Can my Thai wife come to the UK with her residence permit?

Dear editors,

My name is Frank, 38 years old and married to my Thai wife Nom. I am a Dutch citizen, my wife has the Thai nationality.

His intentions to go to the United Kingdom for 1 week around New Year's Eve (London city trip).
We want to go here by plane from an airport in the Netherlands, Belgium or Germany.

My wife is in possession of a regular Dutch temporary residence permit (Type I).
She has been living in the Netherlands since mid-2016 and is valid for 5 years. With this residence permit, she can travel freely between the Schengen countries.

You can check whether you need a visa via 'Check if you need a UK visa' [https://www.gov.uk/check-uk-visa]. Already checked this.
I would like to know with certainty whether it is correct that she can enter the UK without a visa based on an Article 10 residence card?
She travels there and back with me. Or are there other agencies that can answer this question for me. Embassies do not answer this.
Have already googled for answers without success.

I hope you can give me advice on this, thanks for your comment(s)!

Regards,

Frank

Dear Frank & Nom,

A Thai who has come from Thailand to the Netherlands with the Dutch partner has a regular VVR residence permit (type 1). If you have done the 'EU route' by, for example, living or having lived in Belgium (or Germany, or …), the Thai will have a special residence status and will not have a residence permit but a residence card. Such a residence card then explicitly states 'family member of an EU/EEA citizen'. This residence card is what the English call an 'article 10 residence card'. So that does not apply to you.

Nom will have to get a visa. Fortunately, that is free in your case, because she can apply for the EEA family permit instead of a regular visa. Applications can be made from the Netherlands through an appointed visa office in Amsterdam, which will then send the applications to UKVI (UK Visa & Immigration). As long as the UK is still part of the EU/EEA, this is free. She will have to demonstrate that:

1.  His family is yours (the EU/EEA national) is (unmarried is also possible, but then you must demonstrate a lasting relationship equivalent to a marriage). So an (English) extract from the BRP of your municipality or else that beautiful legalized marriage certificate plus English translation. One must be able to establish officially that there is a legally valid marriage.
2. Passport/ID (copy) of herself and you. After all, UKVI wants to check that you are who you say you are.
3. Something that shows that she will travel with you. A written and signed statement should suffice, but do UKVI a favor and include, for example, a flight reservation and/or hotel reservation in both your names.

More info, see:  https://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm

Officially, she can also get the visa at the British border, but it is certainly not recommended, after all, try to reach that border first. In practice, this only works via Calais-Dover, where British border guards work on French territory. But even then it is not easy because you have to provide proof on the spot that you would otherwise send to UKVI. It is therefore best to arrange the free EEA family permit in advance. I hear that people ask a whole laundry list of irrelevant questions, for example about your income, where you can fill in N/A (not applicable).

If you complete the instructions on the UKVI site, the above also appears:

1.  go to https://www.gov.uk/check-uk visa
2. Country: Thailand
3. Purpose: Tourism
4. Yes, traveling with partner/family
5. No, not an article 10 card (residence card 'family of an EU/EEA citizen'). You only have a regular VVR. If you do have a residence card, you can travel together visa-free to all countries within the EU/EEA.
6. They are from the EEA (the Netherlands is an EU/EEA country, or EU/EEA member).
7. Result: Apply for an EEA Family Permit: https://www.gov.uk/family permit

I must say that the tool has improved since last year, when there were fewer questions and when answering the 2-3 questions you ended up with the regular tourist visa. About 2 years ago I wrote to UKVI about this and Brussels, but couldn't get hold of anyone. Apparently someone has woken up after all... But if the UK leaves the EU and also ends the free movement of persons, then all of the above will no longer apply. From March 2019 things can go very differently, Thai citizens may soon need a regular visa to enter, even if they will travel with you.

Of course, today she already needs a regular visitor visa if she were to travel alone, but as long as Brexit is not yet a fact and she goes on holiday with you, you are best off to apply for the free EEA family permit in advance. to put in order.

Good luck,

Regards,

Rob V