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It's because if you were living in another EU state you could not use that states immigration rules because ur not a citizen of that state.boysisus wrote:Sorry if this has been posted before but I did search the forum and didn't find an answer...
Can someone explain why a British Citizen living in the UK cannot use the EEA Family permit route to apply for a dependent (Parent in this case) to visit the UK?
From reading the visa process, it appears that I have to follow the standard visa application route and pay £200 at the embassy because according to the Home Office: "Although the UK is also a member of the EEA, the information in this guidance does not, in general, relate to British citizens and their family members.".
I am not sure why this is? If I was a Italian citizen in the UK, I *could* apply using the EEA Family permit at no cost. Why should this be different for a British Citizen in the UK?
Many thanks
On top of what has already been posted I think it is worth mentioning that the Surinder Singh principle has been adopted into UK law.Can someone explain why a British Citizen living in the UK cannot use the EEA Family permit route to apply for a dependent (Parent in this case) to visit the UK?
The EU respects the sovereignty of the member states in immigration matters, and it does not interfere unless there is a European concern. If a person moves within the EU, that is a European matter. A British citizen in the UK with a third country spouse is not considered a European case, because only one European country is involved.boysisus wrote:I am not sure why this is? If I was a Italian citizen in the UK, I *could* apply using the EEA Family permit at no cost. Why should this be different for a British Citizen in the UK?
As pointed out many times to you before, the Directive covers only all EEA nationals except the nationals of the very own state,i.e- in this case the UK, when it talks about treaty rights being exercised. The Surinder Singh route can be used as an alternative only by returning residents to bring their spouse back to their own country after exercising treaty rights in another EU country.Directive 2004/38/EC gives to all EEA nationals three months of unconditional residence in any other EEA country....The condition is that you are exercising treaty rights
Actually, if you are going to make a case, I think it should be that the Residence Card grants you entry to any European country. That is what the Directive 2004/38 says, but many countries just ignore it.Docterror wrote:So, if you could make a life dependent case and make the route open to visitors as well, then that would be great.
They do, subject to the given conditions. Unfortunately, these conditions require the BC to be a "worker or self-employed person", they do not even include "self sufficient".Richard66 wrote:And I continue holding the view that the Directive covers all EEA citizens exercising treaty rights, including UK citizens, when going to the UK for whatever reason and this is reflected in the UK EEA Immigration Rules.
Correct, but you have to look at the history. The Surinder Singh case is based on the EU Directive 73/148, which is incorporated into Directive 2004/38. Although it is a new directive, the relevant circumstances for the Surinder case have not change in any significant way. If anything, the Directive has created more rights of free movement. So it can be argued that the case is still applicable as a precedence.Whereas one could use 2006 case-law to interpret a 1992 regulation, one cannot use 1992 EU case-law to interpret a 2006 regulation.
I think the word "return" is just chosen for the case, but it is not essential to the argument. As such, the same rights should also apply to a BC that has never been in the UK.Now, tell me this: supposing you have a UK citizen who has actually never lived in the UK, but who is nonetheless exercising treaty rights in another EEA country? Technically he can never return to the UK because he's never lived there. Can he go to the UK ever?
Yes.Richard66 wrote:You are saying that its far harder to visit the UK for a family member of a UK citizen exercising treaty rights than for the UK citizen to return with his family member to settle. It's absurd.
Do you mean ...from outside the EU...? This I agree: it's crystal-clear. Of course they can go to, say, Germany and from Germany go to the UK. It's like locking the front door and placing a guard in front of it but leaving the back door open.UK citizens returning to the UK from outside the UK have to use the UK rules.
Because EEA nationals have an initial three month right of residence in the UK, there is no requirement for the British national to be a qualified person on arrival. Therefore, an EEA family permit can be issued to the family member of a British national even if they are only visiting the UK with the British national before returning to the Member State where they are resident.
You are right. I did mean from outside the EU.Richard66 wrote:Do you mean ...from outside the EU...? This I agree: it's crystal-clear. Of course they can go to, say, Germany and from Germany go to the UK. It's like locking the front door and placing a guard in front of it but leaving the back door open.UK citizens returning to the UK from outside the UK have to use the UK rules.
Indeed, this is new. Now, what am I going to do with my petition to the European parliament? That was one of the points I raised, the other being that the possesion of the residence card exempts my wife for the need for this EEA FP anyway. I'll need to update the petition to reflect this.The DSPs, which Vinny posted a link to above, have been recently updated and they now state (as they didn't used to) that Surinder Singh applies to those family members of Brit cits working in another member country and who will simply be visiting the UK.
You do not need to answer all those questions. You also do not need to answer their question about favorite ice cream flavor or your sexual orientation. They are allowed to ask anything they want, but you do not need to answer!Richard66 wrote:I am glad they have seen sense at UK visas. Well, sense... If you just saw the sort of question they ask in order to apply for an EEA FP...