EEA Family Permit Route or Work Permit Route?

[Wandering ant]

Hi everyone,

Many thanks to the persons who give such wonderful advice on this forum. It has been very helpful. I have searched to find similar situations to mine - but did not come across any - so hopefully the knowledgable respondents on this forum can be of assistance.

I am a non-EEA national married for 4 years to an EEA national. We have 2 minor EEA children. We currently live in an Eastern Eurpean country (not an accession country) because of husband's job posting.

I have previously lived in UK for studies and have no outstanding or detrimental immigration issues. I currently have a multiple entry UK visitor visa.

My husband is getting posted to a country where the family cannot go - he will be in this job for 2 years and will visit home every month for about 2 weeks each. We have bought a house in the UK and it is our intention that the children and myself live in the UK while husband is away at job - but he will come home to the UK on his leave dates. We will be living in the house we bought.

I have been offered a very good job so I intend to work when I come to the UK.

We were going to apply for the EEA family permit but on perusing the forms we notice that husband would have to prove he is living in the UK. Which technically he will not be........even though we own our house jointly and he will be there on a regular basis - he really will be living outside of the UK. His employer is NOT a British company.

Since he will not be "living" in the UK am I correct in assuing that we cannot apply for the EEA family permit?

I have read a section of the policy which also says that even though my minor children could prove that they would not have recourse to public funds since they have health insurance etc, I could be granted an EEA permit under this clause - but I could not work.

Should we therefore apply for a work permit Tier 2? The employer has no problem doing this to ensure my employment - I just wan't the most straightforward route.

I know this has been a long read - if you got this far -thank you very much and I look forward to your advice.

Thanks in advance.

[John]

Your problem is that in order for you to exercise EU Treaty Rights in the UK, your husband required to be exercising EU Treaty Rights in the UK. But based upon what you have posted, he will not be exercising EU Treaty Rights in the UK, which means that you cannot exercise such EU Treaty Rights.

How often will your husband visit the UK? What is his nationality?

[Wandering ant]

Hi John,

Thank you for your speedy reply.

My husband will be home every six weeks and he will spend 2 weeks in the UK each time. Holiday periods and "approx. half of his entitled leave" time will also be spent in the UK.

Thank you.

[Wandering ant]

Sorry John - forgot to answer nationality. My husband is Dutch, as is our children.

[Obie]

What is the nationality/nationalities of the children, and are of school going age.

Most importantly, do the hold an EU nationality.

[Wandering ant]

Hi Obie,

Thank you for your reply. Children are Dutch and will be 2 years and 1 year in the summer when we are looking to relocate. All members of our family have private global comprehensive health insurance.

[Wandering ant]

Hi Obie,

Thank you for your reply. Children are Dutch and will be 2 years and 1 year in the summer when we are looking to relocate. All members of our family have private global comprehensive health insurance.

[Obie]

You can secure entry through the child, but you will need to provide comprehensive sickeness insurance, and evidence of self sufficiency.

This law came about following a ruling called Chen.

With this right of resident, you are not allowed to engage in employment, and you are expected to support yourself and the child.

I would suggest, you go through the tier 2 route or the spouse of an EEA national route, if it is possible to get your husband to stay with you in the UK.

Last resort, you can use the above route, but the UK unlike the Netherlands, don't allow you to work if you go via this avenue.

In regards to the EEA permit, you can get it even if your spouse is not working in the UK at present.

You have 3 months without restriction to enter the UK without any formalities.

[Wandering ant]

Thank you Obie.

We do have insurance but I want to work so I will go the Tier 2 route. I will instruct the employer to apply for a sponsorship license tomorrow.

Thank you very much.