BenA-

Hey folks,
Wondering about some ins and outs of residency permits in the Schengen zone.

I'm English, my wife is Armenian-Syrian, and we are planning on going to Austria once we've sorted the visa out.

I've been based in Canada since 2008 and have my permanent residency there, which gives me the right to sponsor my partner to join me. We are aiming to settle there ultimately, but for me to sponsor as a non-citizen, I have to be living there. I'm allowed to visit my spouse wherever she is residing, but for the most part my "life" has to remain in Canada for the duration of the application process.

We're going to Austria because my parents live there, and own an apartment there. I know that after three months there my wife can get a residency permit there. My questions - is there any way my wife can obtain a permit to live in Austria, or anywhere else in the Schengen zone for that matter, in her own right?

At some point, I'm going to have to go back to Canada, so we can sort out the paperwork for there. Also, if I spend too long away from Canada, I lose my residency. I've no desire to live back in the UK. Canada is my home, so don't want to put my status in jeopardy!

So yes, short version: how can my wife become able to live in the Schengen zone in her own right? I hear her residency permit after three months is only valid if I'm present.

Thanks!

BenA-

Nobody have any insight into this?

BritInParis

Depends on which country she wishes to enter and for what purpose. An EEA family permit or local equivalent is to allow your spouse to join you whilst you exercise your Treaty Rights in an EEA country, e.g. working, studying, job-hunting. If she enters on her own merit then she will be subject to the immigration rules of the country concerned.

Where is your wife at the moment? If your goal is to live together in Canada and you are resident there now why not bring your wife directly to Canada? If you're worried about losing your residency in Canada are you eligible to apply for Canadian citizenship?

BenA-

I'm not eligible for citizenship any time soon sadly. The problem with being a resident is that to sponsor my spouse I have to be living in Canada at the time. Paperwork process will take about 2 years, and we'll be apart for that time, aside from visits. Kind of a drag!

We're currently together in Armenia, but here is not a place you can make a decent living. Ideally, we'd like to go to the Schengen zone together for a while. My parents live in Austria, so we want to spend some time with them. After that, it would be good to settle somewhere in the Schengen area, and she can live there for a time, rather than being stuck in Armenia, and have a decent life whilst I'm based back in Canada and sort the paperwork.

Short version: I want to see how we can go to Schengen together (should be no problem), and then her stay in her own right! Doesn't have to be Austria actually, could be anywhere! I just don't know where to even start with EU immigration law!

Thanks!

SanDiegogirl

For your wife to enter the Schengen area (or indeed anywhere in the EU) to live then:

a)YOU as the EU citizen need to be living and working in that country also i.e exercising your EU treaty rights, OR

b) she needs to obtain her own visa which allows her to live and work, study or invest in the said country.

Without you, your wife has no rights to live anywhere else except Armenia.

Aquaman321

Hi Guys. Help, I am British, and I married an Israeli Citizen 3 1/2 years ago. We live in Spain. How do we go about getting my wife a British Passport
Thanks

BritInParis

Your wife would need to reside in the UK for five years and achieve ILR/PR before she would become eligible to naturalise as a British citizen and obtain a British passport.

If you have been living together in Spain for 3.5 years then the easiest way to achieve this would be to initially apply for an EEA Family Permit for your wife under the Surinder Singh provisions and then apply for her EEA Residence Card as soon as you return to the UK. After five years you can then apply for her EEA Permanent Residence card after which she would fulfil the residence requirements to apply for British citizenship. Using the Surinder Singh route is practically free and doesn't come with the financial requirements of the spouse visa route. The wiki has more information.

Surinder Singh : British Expat Wiki

You may also wish to post in the 'Moving back to the UK' section.

Citizenship/Passports and Spouse/Family Visas (UK) - British Expats