You are correct. To my understanding, an EEA national can not apply for a spouse visa while abroad.
But she can make an "in-country" application for regular spouse status (with a fee) after arriving. It's in section 16 of Chapter 4 of the European Casework Instructions:
http://www.bia.homeoffice.gov.uk/siteco ... dlaw/ecis/
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16. EEA National Spouses of British Citizens and Settled Persons
An EEA national who is the spouse of a British citizen or settled person may make a charged application under the Immigration Rules for leave to remain despite the fact that they are not required to obtain leave to remain.
The primary reason why an EEA national may choose to do this is so that s/he can obtain permanent residence within 2 years rather than within 5 years. This will then allow him/her to make an application for British citizenship at an earlier stage.
These applications are subject to the normal charges applying to applications made under the Immigration Rules.
In cases where it is clear that an EEA national is applying under the Rules, i.e. a rules based application form has been completed and the appropriate fee has been paid, then the application must be allocated to European Casework, not charged casework. The fee will not be refunded. This is due to the fact that the payment is made for the case to be considered under the Immigration Rules.
If the application is granted, the EEA passport must never be endorsed, as EEA nationals are not required to obtain leave. A registration certificate should be issued if the EEA national qualifies.
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rahul_yanina wrote:Hi,
Thanks for the reply. Do you think it is better to put in the application for the spouse visa once she is in the country on the Italian passport, or is it better to come into the country with that visa itself? It would be better to make an in country application, as that means she can come in more quickly.
Isn't the special permit a dependent Visa for 2 years (leading up to an ILR and +1 year for the citizenship)?
