I am a male EEA national (from one of the A8 states) who has been exercising treaty rights since Aug 2005 and acquired PR status automatically in Aug 2010 (got the vignette confirmation of PR using EEA3 only in Oct 2011). I have been in continuous full-time employment, and living and present in the UK throughout.
My non-EEA wife got her 5-year residence card in 2007 using EEA2, which is expiring very soon this year. The problem is that she recently traveled outside of the UK again and can't come back in time, so she is about to find herself with an expired Residence Card and therefore unable to re-enter the UK, in my opinion.
I am aware that the EEA Family Permit is probably the way to go for her to return back to the UK. (However, due to her recent 6+ month absence from the UK, accumulating a continuous 5-year qualifying residential period under EEA rules just got more time-consuming and thus the eligibility to switch to a UK route is very attractive for us, in spite of the application fee for UK route applications.)
Does my PR status gained via the EEA route make me a person that fits the label "a British citizen or a person who is settled here"? Am I considered "settled in the UK", thus making her eligible to apply for UK spousal entry visa? If she files such an application (I believe it is form VAF4A...?), will it succeed?
Thanks.
- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222