Does the EEA Family Permit apply to Brits?

[WooHoo]

Hello everyone! I'm very confused by all the visa options available. Can I just run this past you?

I'm British. My wife is Japanese. We have two British children. We are returning to the UK for one year so I can do a uni course. I don't meet the financial requirements of the UK spouse visa. My wife doesn't need to work or claim any benefits in the UK. She can enter the UK on a tourist visa for only 6 months. It is the remaining 6 months we are worried about.

Can she apply for an EEA Family Permit? Or does this only apply to Brits via the Surrinder Singh route?

Is there any way she can stay for a further 6 months as a Japanese spouse with a husband and two children in the UK? I've looked at the possibility of her being the primary carer of a British citizen (which in reality she is because my children are young and I'd be at uni), but sadly we cannot say that the children would have to leave the EEA if their mother couldn't join them because they have me and some grandparents who could technically look after them in Britain. Any help would be exceedingly well received! Thanks!

[vinny]

this only apply to Brits via the Surrinder Singh route

[GMB]

Surinder Singh route is for situations where you were exercising treaty rights in an EEA state other than your own, with your family members residing with you there, and you want to bring them back to your home country under EEA law instead of national law.

If this doesn't apply to you then is there a possibility you could take the same course at a university in Ireland, or in one of the English-speaking programmes offered at many universities in Germany, the Netherlands, etc., or at one of the English-speaking international universities with branches in an EEA state, like the American University's Brussels campus? Because you're British, EEA law is very generous to you anywhere except in Britain, just like it would be for a German anywhere except in Germany.

[acme4242]

Is zambrano the answer ?

http://www.eearegulations.co.uk/Latest/All

Derivative right of residence

15A. (1) A person (“P”) who is not an exempt person and who satisfies the criteria in paragraph (2), (3), (4), (4A) or (5) of this regulation is entitled to a derivative right to reside in the United Kingdom for as long as P satisfies the relevant criteria.
:
:
(4A) P satisfies the criteria in this paragraph if—

(a) P is the primary carer of a British citizen (“the relevant British citizen”);
(b) the relevant British citizen is residing in the United Kingdom; and
(c) the relevant British citizen would be unable to reside in the UK or in another EEA State if P were required to leave.

https://www.freemovement.org.uk/zambran ... e-by-ukba/

We will amend the regulations in due course to enable a person to be issued with a document confirming that they have a right to live in the UK as a result of the Ruiz Zambrano judgement. However, in the meantime, we will issue a certificate of application to those who are able to show:

evidence that the dependent national is a British citizen;
evidence of the relationship between the applicant and the British citizen; and
adequate evidence of dependency between the applicant and the British citizen.

[acme4242]

You don't get much time to edit posts..
Primary carer is the Mother, Zambrano didn't look into the possibility of other carers outside the primary unit

[WooHoo]

Yeah, my understanding is, after reading through lots of this immigration stuff, that as long as I and my children's grandparents are alive and well in the UK then we couldn't make the case that my children would 'need' to leave the EEA with my wife.

GMB - I really appreciate your positive answer. You've opened up a new avenue I'm gonna explore right now. Do you know what the quality of these English courses from European universities are like? I don't mean to look down on other countries' universities or anything, I just genuinely don't know how decent they are and was wondering if you have had any first hand experience. I guess it'd be too late to apply for anything now anyway. I applied for this Masters last October.

[GMB]

Do you know what the quality of these English courses from European universities are like? I don't mean to look down on other countries' universities or anything, I just genuinely don't know how decent they are and was wondering if you have had any first hand experience.

I've send you a reply via Personal Message so as not to take the thread off-topic.

[WooHoo]

I've got it and replied back. Thank you once again!