EEA Family Permit / adverse UK visa status

[JulieM71]

Hi

I've spent ages trawling through past posts to see if I could find the answer to my question, but haven't found the info I need so thought I'd ask for some help.

I am a British born citizen engaged to an Egyptian citizen. He has a ban from being granted a UK visitor's visa until 2015 as he was an illegal immigrant, entering on false docs in 2000 and removed in 2005. I can go into more detail but don't want to bore you with lots of info if it's irrelevant to my question.

We know that the UKBA will not issue him with a UK spouse visa immediately after our marriage early next year and we accept this will be the case because what he did was wrong and we know he is still paying for this mistake.

So, we decided I would move permanently to Egypt for a couple of years after we get married and then apply to return to the UK together after proving the relationship is genuine and enduring to the authorities. Not ideal, as I have a good job (worked for same organisation for 20 yrs since school + have lovely home /family close by / and friends and could financially support us both etc) but we don't want to spend months and years waiting to begin our married life together and fighting the authorities.

However, after searching lots of forums and websites, I came across info on my treaty rights as an EEA citizen and am wondering if this may be the answer for us!

I work for a multinational company and have spoken to my understanding bosses who have told me they would support me applying to work in our Swiss office. My questions are:

does my fiance's UK visa status affect this right?
is the EEA family permit an automatic right, subject to the 3 written reasons for refusal, or does he have to be residing in the UK or another member state already for this ruling to apply?
can we apply for the EEA Family Permit direct from the Swiss Embassy in Cairo if I get a job in Switzerland and can prove I can support him or will he have to apply for a visit visa first (and is this likely to be refused because of UK status) and then apply for the EEA FP once he has arrived?

What I don't want to do is start arranging a move to Switzerland if he has no opportunities or rights to join me there automatically anyway.

Happy to provide further info if that would help but would appreciate any advice on the above or best way to go about this.

Thanks, in advance,

J

[Wanderer]

Grüetsi!

Your plan sounds good but the helpful folks on http://www.engishforum.ch will advise on the Swiss side of things - they can be funny buggers and as they are not actually part of the EEA, you plan might not work. It should - since they've adopted the free movement directive but better to be sure.

[86ti]

..since they've adopted the free movement directive...

No. They have a separate bilateral agreement wiht the EU which is actually older than the directive. Very similar but still differences.

[John]

It is totally possible I am missing a point but because we are talking about the Surinder Singh rule here, a ruling of the ECJ, I have always assumed that the judgement is limited to those living in another EU country, and is not extended to those living in non-EU EEA/Swiss countries.

Anyone any thoughts about that?

[86ti]

I had the impression it is all about going to Switzerland. The EEA FP is a UK entrance clearance not a Swiss one. One of our users here, 'ca.funke' moved to Switzerland not so long ago. I think some of his more recent posts describe what he had to do for that.

[86ti]

Here it is http://www.immigrationboards.com/viewto ... highlight=

[John]

86ti, in the link you provide they are not using the Surinder Singh method. In that case they are a Belgian/Lebanese couple. So it does not assist as regards my query .... can the Surinder Singh method be used as regards Switzerland?

[86ti]

Good question! Does the case have implications for Switzerland? I wonder because I have been told that the Swiss federal supreme court refers to the Directive in some judgements.

[JulieM71]

Hi

Thanks for your replies.

This is all about the immediate future for us and the likelihood of being able to live together in Switzerland (or another EEA country if Swit doesn't work for us) under the EEA FP rules. The Surinder Singh case would be of relevance if I was looking beyond and to an eventual return to the UK, is that right?

Maybe I'm wrong, but I'm not planning a move with a view to my future husband being granted a UK spouse visa in the future. I want to do what's best /allowable now.

Does anyone know the general rules / rights for the EEA FP, ignoring that Swit may apply the rules differently?

Thanks again.

Julie

[vinny]

Does anyone know the general rules / rights for the EEA FP, ignoring that Swit may apply the rules differently?

Are you asking about the Directive 2004/38/EC?

[86ti]

Not EEA FP rules but rather EEA rules. Have a look into Directive 2004/38/EC but be aware that different member states interprete it differently. Yes, the Surinder Singh is usually the one the UK uses for returnees (though there are other cases).