Anybody married to Tibetan with children?

#1 May 15th, 2013, 16:31
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  • Shaktimaan is offline
#1
My wife and me are living in a european country (Schengen). Her chidlren (under 18) are still in boardingschools in India. She came on grounds on family immigration "here", I am european citicen. She received a 5years residents permit, is also allowed to work. We like to take the children to us.

I just want to know if there is anybody out there, who did the same successfull.

My second question would be, which "Traveldocument" the Indian government can issue they can receive a VISA in to travel.

The Greenbook would be also accepted?

Thank you and Tashi Delek

Shakti
#2 May 16th, 2013, 05:43
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  • sehgalanuj is offline
#2
I don't have specific information on your case, so take what I say with a grain of salt, but I can try to give you some pointers.

Quote:
Originally Posted by Shaktimaan View Post My wife and me are living in a european country (Schengen). Her chidlren (under 18) are still in boardingschools in India. She came on grounds on family immigration "here", I am european citicen. She received a 5years residents permit, is also allowed to work. We like to take the children to us.
If you both are now married, and her children (from a previous relationship, I presume) are in boarding school in India, then to European authorities they should be essentially your dependents, for immigration purposes. As such, they should be able to get the a visa under family reunification as well.

The one thing I am unclear about is whether you are living in the country that you are a citizen of or in another EU country? This could slightly change how things are going to happen. But in general, the process to get them to you should be similar.

A good source for information in such complicated questions is the http://www.europa.eu website. Specifically, I would recommend reading through their section on residence formalities. If it is still unclear to you, call them. It is a free call and they will assist you in finding the appropriate answer.

Lastly, depending on which country you are in, there should be an office that deals with immigration cases, and they should be able to answer this question for you as well.

Quote:
Originally Posted by Shaktimaan View Post My second question would be, which "Traveldocument" the Indian government can issue they can receive a VISA in to travel. The Greenbook would be also accepted?
Which document did your wife travel on? Was it the greenbook you refer to? If so, yes, if not, I believe you will need to do some digging on this because your question is a bit too specific for my knowledge.

Good luck to you and your family!
#3 May 16th, 2013, 08:24
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  • nycank is offline
#3

Post Hope this helps

Quote:
Originally Posted by Shaktimaan View Post My wife and me are living in a european country (Schengen). Her chidlren (under 18) are still in boardingschools in India. She came on grounds on family immigration "here", I am european citicen. She received a 5years residents permit, is also allowed to work. We like to take the children to us.

I just want to know if there is anybody out there, who did the same successfull.

My second question would be, which "Traveldocument" the Indian government can issue they can receive a VISA in to travel.

The Greenbook would be also accepted?

Thank you and Tashi Delek

Shakti
Where were the children born ? In India ? If so, then can they apply for an Indian passport ? I thought there was a court case in India about it.**

I am not sure, but; they could apply for visa under an EU Directive 2004/38/EC - Check the Handbook for Visas under the COMMISSION DECISION C(2010) 1620 final which spells it out -

Quote:
‘Core’ family members have an automatic right of entry and residence, irrespective of their nationality. Their right of entry is derived from the Directive and the national transposition measures may not restrict these rights or the scope of ‘core’ family members.
The following persons are defined in Article 2(2) of the Directive as ‘core’ family members:
• the spouse;
• the partner with whom the EU citizen has contracted a registered partnership, on the basis of the legislation of any Member State, if the legislation of the host Member State treats registered partnership as equivalent to marriage;
• the direct descendants who are under the age of 21 or are dependant as well as those of the spouse or partner as defined above; or
[** I think one of the parent has to be atleast an Indian citizen for them to get Indian passport]
Last edited by nycank; May 16th, 2013 at 08:45.. Reason: Additional information
#4 May 16th, 2013, 09:02
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Quote:
Originally Posted by nycank View Post I am not sure, but; they could apply for visa under an EU Directive 2004/38/EC
That is the directive number I wanted to mention, but forgot to do so. Thank you!

The only thing to keep in mind is that, as I have recently discovered, this is an EC directive, not law. Each country needs to implement the directive within their own laws, but since it is only a directive, not all countries implement it correctly.

As such, the OP will for sure want to check with the local immigration authorities as to the true implementation of 2004/38/EC. At worst, he will need to adopt the children as his own, but then again, if by any chance they are above 21, it will be very hard to get them residence cards as well.
#5 May 16th, 2013, 09:14
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  • nycank is offline
#5

There is not much to go with.

The OP has not stated which country they are residing, and what passport they hold. He should be asking this of his country's equivalent for Ministry of Home Affairs, Ministry of External Affairs for clarifications.

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