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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
http://eur-lex.europa.eu/LexUriServ/Lex ... 048:EN:PDF5)The right of all Union citizens to move and reside freely within the territory of the Member States should, if it is to be exercised under objective conditions of freedom and dignity, be also granted to their family members, irrespective of nationality. For the purposes of this Directive, the definition of ‘family member’ should also include the registered partner if the legislation of the host Member State treats registered partnership as equivalent to marriage.
(6)In order to maintain the unity of the family in a broader sense and without prejudice to the prohibition of discrimination on grounds of nationality, the situation of those persons who are not included in the definition of family members under this Directive, and who therefore do not enjoy an automatic right of entry and residence in the host Member State, should be examined by the host Member State on the basis of its own national legislation, in order to decide whether entry and residence could be granted to such persons, taking into consideration their relationship with the Union citizen or any other circumstances, such as their financial or physical dependence on the Union citizen.
I would like to differ. IF the spouse is living outside the EEA area, the visa is considered under the EEA spouse visa, and not the UK spouse visa.Referring your first link,vinny wrote:As you have been living outside the EEA, they are handling and assessing your EEA family permit application on the same basis as a spouse under 12(1)( b )(ii).
If the application is made from outside the EEA:
* If the applicant cannot demonstrate lawful residence in an EEA Member State, which includes those applying from outside the EEA, they would also be expected to meet the relevant requirements in the Immigration Rules for leave to enter the UK as the family member of an EEA national. If they satisfied the Rules, they would still be issued with an EEA Family Permit.
In assessing an application, you should be satisfied that:
* the applicant is related as claimed to the EEA principal,
* any children over the age of 21 and other family members (other than the EEA principal's spouse and children under 21) are wholly or mainly financially dependent on the EEA principal or satisfy one of the other conditions for extended family members (see Annex 21.1). The children of any age of a student should always be dependent.
See also CO (EEA Regulations: family permit) Nigeria [2007] UKAIT 00070 (paragraph 6) on how Regulation 12 is normally interpreted.archigabe wrote: I would like to differ. IF the spouse is living outside the EEA area, the visa is considered under the EEA spouse visa, and not the UK spouse visa.
The actual case can be found on http://eur-lex.europa.eu/LexUriServ/Lex ... 01:EN:HTML , and it is indeed an interesting read.mastermind wrote:I'm not sure but probably this precedent may help: http://www.gherson.com/articles/new-ait ... -nationals