Hi folks-just joined and I need some help

[tonymoo]

Hi folks,

I need to tell this rather long story so that my problem can be fully understood and perhaps receive some help.

My wife and I live in the UK and have been motorhoming in France for several years and are now retired. Pre-brexit, she did not need a visa as a family member of an EU citizen (EC directive 38/2004). We plan to continue our touring visits this year now that the COVID 19 travel restrictions have gone away. This visit will include looking at property opportunities with a view to eventually relocating to France and joining the UK expat community.

However, as my wife is a non-EU national and even though she has a full British Resident Permit (BRP), she is now required to apply for a short stay visa. This was refused. I am presuming that the current illegal immigration crisis in Europe has resulted in a tightening of the procedures. So I submitted a very detailed informal appeal to the French Consulate. This was also denied. I then submitted a formal appeal to the Administrative Court of Nantes, who deal with citizens and residents of France complaints against the Government’s policies and administrations, by a Tribunal procedure. However, this Tribunal can only accept appeals that comply with the relevant regulations.

A key element of compliance is that I have a residential address in France. With this I can then register an online account with Telerecours Citoyen and upload my appeal documents and also receive correspondence from the appeal process. Once the appeal has been decided this temporary account will be completely closed and all of its contents deleted.

I do not expect any postal connects with this address as the whole process is completed online in a secure area only accessible with my access code supplied by the tribunal clerk.

So to proceed with my case I need an address in France. I only have a few days to meet a strict deadline set by the Tribunal.

Any of you good people willing to help?

[DaveLister]

Sorry I'm confused. You can create a Télérecours account with a UK address. Are you saying the Tribunal will only look at your case if you pretend to be a French resident?

[crabtree]

If you have an EU passport, then your wife can travel with you in the EU for as long as you wish, provided you travel together.

https://commission.europa.eu/strategy-and-policy/policies/justice-and-fundamental-rights/eu-citizenship-and-democracy/free-movement-and-residence_en

Edited August 12 by crabtree

[tonymoo]

Hi Dave,

On the registration form, the dropdown menu has all the usual countries, including UK, but you are then (literally) "pipped at the post by" the postcode!. The requirement is min. 5 digits, max. 6 digits. All French postcodes have 5 digits. So the 7 character UK postcode that needs to be entered effectively obstructs completion of the form. This effectively prevents anyone not resident in France from opening an account. Also, I was advised by the clerk to the Tribunal that I need to provide the court with a French domicile (as I am not using the services of a French lawyer).

[DaveLister]

Ah I see. Usually I put the UK post code as part of the Complémente d'address then just stick five zeros in the post code box.

You said you appealed to the Consulate and you are now appealing to the Administrative Court of Nantes. Following the Consulate appeal did you appeal to the Deputy Director of Visas as I understand this needs to be done for a short stay visa before recourse to the court.

Also, as Crabtree says, if you have an EU passport your wife can travel with you visa free. That hasn't changed.

 

 

[crabtree]

For a postcode outside France use 99000.

[ssomon]

4 hours ago, DaveLister said:

................................. Also, as Crabtree says, if you have an EU passport your wife can travel with you visa free. That hasn't changed.

 

I understood the OP as saying that pre-Brexit she did not need a visa as a family member of an EU citizen, that EU citizen, pre-Brexit, being the OP.

After Brexit, of course, he ceased to be an EU citizen.

 

Edited August 13 by ssomon

[DaveLister]

33 minutes ago, ssomon said:

I understood the OP as saying that pre-Brexit she did not need a visa as a family member of an EU citizen, that EU citizen, pre-Brexit, being the OP.

After Brexit, of course, he ceased to be an EU citizen.

That was my first thought as well. However when Crabtree mentioned the EU passport I thought, perhaps, he could also be another poster with an Irish connection.

 

[tonymoo]

Hi Dave and Crabtree,

Thanks for the suggestion - I will give it a try and let you know the result.

To answer the comments/questions: My passport is UK not EU and yes, I did appeal to the director of visas before going to tribunal.

[tonymoo]

Good news-fixing the postcode as suggested has worked and I have opened the telerecours account. The remaining question of whether I need a French residential address for my appeal has (for now) gone away. The letter I received from the tribunal seemed to indicate that I must have a French address, but I am now assuming that this only applies if I transmit docs as hard copy by post. We shall see! So, for now, my next task is to translate and upload my plea and also the supporting documents that I previously provided to the director of visas I will keep you posted...........Has anyone else in this forum had similar dealings with this tribunal?