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Family members of UK nationals are treated under UK immigration rules, not the EEA regulations. Applications under the UK rules have tougher requirements for demonstrating that the relationship is genuine, that the couple is financially secure and that the applicant intends to settle in the UK. And, of course, there is a fee for such applicationstt wrote:Query:-
The Regulations use the term United Kingdom national (following the EU "speak"). Can anyone please explain:-
- in what ways the family member (including spouse/civil partner) of a UK national is treated differently?
(eg is it possible that a partner in a durable relationship can have rights with a EEA national, but NOT with a UK national?- sound odd?),
Family members of UK nationals who have worked in other EEA countries can be treated under the EEA regulations. Known as the "Surinder Singh" ruling.- the purpose of Regulation 9 of these new Regulations?
Not on an EEA family permit, but with a residence card as an EEA family member. The difference being that family permits are issued abroad, residence cards are issued in-country. It does sound too good to be true, but it is clear enough in Directive 2004/38/EC which these regulations are based on.aboudi wrote:do you mean to say that a visa national on an EEA family permit in the uk can travel to any schenegen country without a visa or entery clearance? furthermore does this apply to the new EU countries as well? it sounds too good to be true....
Not if she is a visa national for those countries. As I understand it she'll need a separate EEA family permit for each country outside Schengen, or an EEA family permit issued by a Schengen country to visit Schengen countries. Of course these should be issued free of charge.User wrote:Hi,
If my wife has a UK spouse/marriage visa (2 year visa), and I am a British citizen, can my wife travel with me to EEA countries without a visa?
tt, has the home office introduced any application forms for these "residence cards" since its a new directive, does anyone have any information about these residence cards? there is nothing on the IND website to mention them, 30th of April is only two weeks away... this is really big for no-EU nationals, as it wont feel like were living in a secluded island anymore!aboudi. A visa national on an EEA family permit in the UK will be able to apply for the so-called "residence card" inside the UK under these new Regulations mentioned in this topic here, and after that, therefore be eligible for the visa-free travel mentioned by smalldog, if it is really true!
No, the EEA regulations don't apply to British citizens unless they have worked/lived in another EEA country. If you are a British citizen who has worked in another EEA country, or if you are also a citizen of another EEA country (grandparent born in Ireland?), then you can choose between the UK immigration rules and the EEA regulations. Each has its pros and cons.tt wrote:According to smalldog's advice (which I myself have NOT verified), then, yes, she gets the Residence Card (under the new Regulations discussed above), and with that, she may travel across EU/EEA Europe without the visa hassles.
Bugger, up then down in two minutes!!smalldog wrote:No, the EEA regulations don't apply to British citizens unless they have worked/lived in another EEA country. If you are a British citizen who has worked in another EEA country, or if you are also a citizen of another EEA country (grandparent born in Ireland?), then you can choose between the UK immigration rules and the EEA regulations. Each has its pros and cons.tt wrote:According to smalldog's advice (which I myself have NOT verified), then, yes, she gets the Residence Card (under the new Regulations discussed above), and with that, she may travel across EU/EEA Europe without the visa hassles.
Wanderer wrote: Bugger, up then down in two minutes!!
Actually I have an Irish Grandparent but I've not investigated it fully. I did have a feeling it might come in useful though!
Actually the regs are a bit discrimatory as they stand aren't they? Why benefit only those who have lived/worked in another EU country?
Not so true any more. The new regulations provide for retaining the right of residence of the non-EEA national in event of divorce or death of the EEA national as long as the couple has been in the UK for at least one year (and in the case of divorce have been married for at least three years).Your spouse doesn't have security in the UK until permanent residence is granted
Regarding permanent residence for EEA nationals, my understanding is that time spent studying in the UK does not count for ILR after 5 years under current rules, and can only count under the 10 year rule.tt wrote:Thanks for those references. Here are some comments that have crossed my mind on reading them.
These Regulations implement the EU Directive 2004/38/EC http://www.ecas.org/file_uploads/1008.pdf which had to be done by 30 April this year right across the EU. It covers rights of EEA (including EU) and Swiss citizens.
Generally speaking, it allows them and their family members (and in some cases extended family members) to reside freely in the UK, and eventually for all of them to get Permanent Residence after 5 years.