Family Member of an EEA National

[Bheema]

I am British citizen and my wife is Indian. Has any one applied out side UK who is British and their dependent is NON-EU?

I am not sure I am allowed to apply for my wife this visa from India. Please let me know your thoughts

Thank you

[MrSlyFox]

British Citizens cannot sponsor Family members under the EEA regulations.

Only if they exercising their rights in an EEA country they themselves are not a national of i.e. Ireland, France, Etc.

As a general rule, family members of British citizens do not qualify for an EEA family permit. Article 3 of the Directive essentially says that an EEA national cannot be considered as exercising freedom of movement in their own State -

This Directive shall apply to all Union citizens who move to or reside in a Member State other than that of which they are a national, and to their family members as defined in point 2 of Article 2 who accompany or join them.

However, where an EEA national has exercised a treaty right in another Member State as a worker or self-employed and they wish to return to their own State having exercised that right, certain provisions may apply in order for their non-EEA family members to qualify under the EEA Regulations.

A British national and his / her non-EEA national family members can only benefit from free movement rights if they meet the criteria established in the ECJ case of Surinder Singh. The case stated that nationals of a Member State who are exercising an economic Treaty right (that is, as a worker or self-employed person) in another Member State will, on return to their home state, be entitled to bring their non-EEA family members to join them under EC law.

[Casa]

If you want your wife to join you in the UK you will have to apply for a Spouse Settlement visa under the UK Immigration Rules and meet all the conditions including meeting the minimum financial level of £18,600 p.a.

https://www.gov.uk/join-family-in-uk/overview

[Bheema]

Hi,

I have registered in local council in Germany Iand I have Anmeldung.

Is it good enough to give a try?

Thank you

[MrSlyFox]

Hi,

I have registered in local council in Germany Iand I have Anmeldung.

Is it good enough to give a try?

Thank you

Are you both living in Germany?

[CR001]

According to your previous post in March last year, your spouse is already here on spouse visa

immigration-for-family-members/dependen ... l#p1316029

[Bheema]

that is true. Her visa expired in Nov 2016 and she is currently in India. Now i need to apply for fresh entry clearance for her to UK so I am thinking of applying ..

I have filled up applicaiton but I am not sure whether I am eligible so that why i wanted to check.

Thank you

[Casa]

What application exactly have you submitted?

As MrSlyFox has already asked, have you been living in Germany? Owning property there isn't sufficient to use the Surinder Singh route unless you have moved the centre of your life there.

[CR001]

Are you living in the UK? Your post is not clear.

If yes, she needs to apply for the same spouse visa again, VAF4A and it will be a new 5 year (2 x 2.5 year visas).

In addition to Casa's questions, Surinder Singh route, if that is what you were planning, only works if your spouse was living in the EU member state with you.

Topic moved to Immigration for family sub forum for now until we can establish what exactly it is you are trying to do or apply for.