Is british national not an EEA national

[helpwithilr]

Hi All,

I have been looking to get a french visa for my wife. The site says she doesnt need a visa if the biometric permit says 'family member of EEA national'. My wife's card says 'Spouse of person with ILR' (she got the spouse visa when I was on ILR).

I called UKBA to see if we could change her permit to say 'family member of EEA national' because I am a british citizen now. The lady told me I am a British national but not an EEA national so the permit cannot be changed.

Sprry if this sounds daft but are british nationals not EEA nationals?

[MPH80]

UK citizens are part of the EU yes ... BUT ...

When an EEA national is in their home country - home law applies.

So - a UK citizen, inside the UK, is subject to UK immigration law. The permit that you are referring to in your post is issued to EU citizens from other countries bringing their non-EEA spouse to live here. This works regardless of which country you are from - so a German living in Germany has to obey German immigration law, but a Spanish person living in Germany falls under EU rules.

You could gain access to this kind of permit IF you went to another EU country, exercised your treaty rights (working/studying) and then returned with your wife - at this point you'd count under EU law rather than British law.

Confusing I know. It took me a little while when I first encountered it.

However, the flip of this is that your wife is entitled to a free schegen visa purely on the virtue of being married to you - so yes you have to apply, but it should be a very straightforward application.

M.

[helpwithilr]

thanks mate. a lame law but law nonetheless