EC rights for partner of British national

[jamieb]

Hi, I need to know whether I have EC rights or not. I am non-EU national married to a British national on a 2-year spouse visa. My spouse has never resided anywhere else but the UK. I am currently living in UK, however, I lived in Ireland for around 8 years (5 yrs on student visa then 3 yrs on a work visa) prior to coming to UK.

1. does that qualify me for EC rights?

2. if it doesnt, is there a way i can qualify?

someone please advise. i would be very grateful.

[86ti]

Your spouse would need to exercise a treaty right. The most common is to relocate (together) to another member state, though providing services to another member state or being a cross-border worker should, in principal at least, be possible too. Union nationals do have EU (that's how it is called now) rights. Their non-EEA national family members derive their rights from the relationship to the EEA national but only under the conditions explained above.

[jamieb]

Your spouse would need to exercise a treaty right. The most common is to relocate (together) to another member state, though providing services to another member state or being a cross-border worker should, in principal at least, be possible too. Union nationals do have EU (that's how it is called now) rights. Their non-EEA national family members derive their rights from the relationship to the EEA national but only under the conditions explained above.

Isn't there a way through which I could become eligible for EU rights without either one of us having to leave the UK?
I can apply for a visa to work in Ireland - wouldn't that make me a cross-border worker and therefore qualify for EU rights? or does my spouse have to move too?

[86ti]

Sorry, but I believe I have answered all your questions already. And no disrespect, but it is not about what you are doing but what your British spouse is doing. A cross-border worker is someone who regularly returns to the country of residence.

[jamieb]

Well, it wasn't clear from your first answer whether leaving the country was the ONLY way, hence my second post. Nevertheless, I appreciate the time you took to answer. Thank you.

[daddy]

Well, it wasn't clear from your first answer whether leaving the country was the ONLY way, hence my second post. Nevertheless, I appreciate the time you took to answer. Thank you.

To help clearify the answer, your wife (eu citizen) must leave uk enter and live in another eu country with you, she would either work, study, be self-employed or self-sufficient ( have enough money in a bank account& have medical insurance for her, you and other family members, she also need medical insurance cover when she is excercising her treaty right as a student).

You both may return back to uk after 6 months of her working or self-employed in that eu country, excercising her right in any other capacity other than work, or self-employed would not be accepted when you both want to return to uk. If you both do return to uk after that 6 months, she would now be treated as if she were not british citizen but another eu citizen from another eu country, thereby considering your case with eu law not uk immigration law.
This is the only way to this, no other shorter cut.
I tried to explain this in a very simple way for better understanding, I guess that the last person that replied to your post was running out of patience.
Good luck to you and family.[/b]

[Greenie]

is there any reason why you need/want to be able to exercise treaty rights if you have a two year spouse visa?

[giardaella]

To claim benefits??? Any other explanation doesn't fit, especially if you r aiming at settlement, the National route is quicker, but more expensive. Well worth investing though.

is there any reason why you need/want to be able to exercise treaty rights if you have a two year spouse visa?

[jamieb]

Well, it wasn't clear from your first answer whether leaving the country was the ONLY way, hence my second post. Nevertheless, I appreciate the time you took to answer. Thank you.

To help clearify the answer, your wife (eu citizen) must leave uk enter and live in another eu country with you, she would either work, study, be self-employed or self-sufficient ( have enough money in a bank account& have medical insurance for her, you and other family members, she also need medical insurance cover when she is excercising her treaty right as a student).

You both may return back to uk after 6 months of her working or self-employed in that eu country, excercising her right in any other capacity other than work, or self-employed would not be accepted when you both want to return to uk. If you both do return to uk after that 6 months, she would now be treated as if she were not british citizen but another eu citizen from another eu country, thereby considering your case with eu law not uk immigration law.
This is the only way to this, no other shorter cut.
I tried to explain this in a very simple way for better understanding, I guess that the last person that replied to your post was running out of patience.
Good luck to you and family.[/b]

This is much clearer. Thank you for your answer. For the others wondering, its not for benefits. Its for professional reasons - it would make it easier to progress in my particular line of work if I had EU rights.