Andrew79

Thanks very much. Very helpful

WEBlue

You're welcome. Good luck!!

mrsadeyemi

Hi All,


I'm new to the forum and been reading up trying to answer some of my questions.

I have dual citizenship Polish (EU) and British.

If my husband (Non EEA) and I decide to go back to live in the UK (we currently live in Non EEA country), we must either:

1) apply for spouse visa, meaning I must go back to UK alone, find a job and work there for 12 months before I am legible to be his sponsour

or

2) find a job somewhere within the EEA but not the UK and apply for EEA permit for my husband. After 6 months, I can quit the job and we can relocate to UK


This doesn't make much sense! Please can anybody help?

Perth

As a Polish citizen I believe you have to right to move with your husband to the UK right away without any financial requirements, but I think that he may need to obtain some kind of spousal document from Poland first

mrsadeyemi

Hi perthhomeschool,

What kind of document would that be ?

Cheers

Perth

Wish I could direct you to the right place, but I don't exactly know. I am just vaguely aware that your family would need to have some kind of residency established. Maybe someone else on here could help you out. Best bet would be to start a new thread. Good luck

holly_1948

I don't think so.

She mentions being a dual citizen, UK and Poland.
As I read the EEA family permits rules as applied in the UK, she would have to renounce her British Citizenship in order to gain the right to move with her husband to the UK.

Obviously legal advice from an immigration lawyer is needed, not rely on understandings gleaned through the internet.

Perth

Oh, I see. My mistake

WEBlue

This is yet another loophole that has been closed. It used to be that dual UK/EEA citizens could move with their non-EEA spouses to the UK and invoke ONLY their EEA citizenship to exercise EU Treaty Rights for living there together. As of October 2012 that route was quietly closed. See the link below for details.

Now it seems dual UK/EEA citizens must use the Singh route first in order to bring a non-EEA spouse to the UK, just as "regular" UK citizens can, i.e. work in another EU country for 6 months while living with non-EEA spouse there, then apply for EU Family Permit then move together to the UK.

http://www.migrantsrights.org.uk/mig...gulations-2006


Rereading this, I see there may be an exception for those dual UK/EEA citizens who HAVE lived previously in another EU country? But whether that means just 'living', or whether it requires fully exercising EU Treaty Rights, or living with the non-EEA spouse, or what?... I have no idea. Maybe someone else knows?

MildredWince

Thanks everyone for posting about this. My partner and I are looking at doing the SS route so I'll let you know how it goes.

jonwren

Hi i have moved to Dubai and been here for one month now. today a friend told me that if i stayed here for 6 months, i could bring my Filipino wife for FREE ? we married in the Philippines June 2012, Am British and my wife is Filipino
is this true ? here is what i was told

"jon do u no if u stay in Dubia with Cathy for 6 months u both can come back to uk .. u dont need no spouse visa nothing
and no fee.
yep .. i found out all options and if u leave uk and stay in another country with ur wife u can bring her back here, and u dont have to pay boarder control nothing
i got it sent to me from immigration lawyer in London that was recommended to me .. and he sent me all the options"

is this true ?

many thanks
Jon

englishguygoinghome

Sounds like your firend and (very disturbingly the lawyer!) are confusing Dubai with Dublin.

If you are in another EU country AND working AND your wife is living with you then you can go back to the UK free at any time as soon as you have completed all the paperwork. Some people recommend waiting 6 months, others say that the paperwork will take 6 months but the law does not stipulate a minimum peroid.

If you are outside the EU then you fall into the same boat as many on this forum - forced excile unless you can fulfil the visa requirements

jonwren

Damn it lol, thought it was too good to be true
thanks for the quick reply

Jonboy247

Hi guys after some advice. I'm British, been working in Thailand for a British company for the last 7 years, married for 6 years to my Thai wife and we have 3 children together, all on British passports, my wife on a Thai passport. I've just been relocated to Italy, have a contract of employment from both UK and Italian company and am now permanently based in Italy for work. We are living with friends now while we try to secure a longterm let on a suitable property. As part of my contract we have to make frequent trips to the UK. We have only been here 1 week, my wife on a schengen visa (issued free on the basis of our marriage) and I have just applied for the EEA family permit for my wife - I am simply not prepared to wait 6 months or longer for the residency application to complete as we will lose out on the perks of my job, indeed endanger it and my family are desperate for us to visit them in the UK. Constantly applying for visas everytime we want to enter the UK, often at very short notice for work, is simply not practical and very costly - we're based in Northern Italy and the expense of taking the whole family to Rome and back is considerable. It sounds like a long shot given all this talk of 3 months/ 6 months minimum... any advice welcomed. I'll be sure to let you all know how I get on. This whole saga is causing us all a bunch of stress that we just don't need on top of relocating our family across the world! I can't see any minimum time limits specified to prove I'm "exercising my EU treaty rights", I have a contract that states that I have to live in Italy for my employment. Have I been naive/ foolish to try this route?

englishguygoinghome

The family permit is the right one for your circumstances. It is valid for visits, not just resettling. The big downside is that you need a new one every six months. If you want to avoid that you need to pay about £1000 and go for a 10 year visitor visa and hope you get it (the family permit cannot be refused legally)

According to the law you could just turn up at the border with your marriage certificate, passports and Italian residence permits and the border agents would have to let you in. I saw a report this week from someone who successfully did that. But you have to drive or take the train, no airline will let you board under those circumstances.