thebaron

Hi All,

First post!

I have a few questions about the right to abode in the UK and freedom of movement in the EU. The whole thing is very confusing to me.

I'll start by explaining my situation. I am a Canadian and UK Citizen, living in Canada. My wife has Canadian citizenship only.

From what I understand, I am free to go anywhere in the EU to work and stay in that country as long as I hold a job OR am seeking employment, so long as I don't become a burden on my host country, and my wife is allowed to follow and live with me. Correct?

Now, he's where my questions start:

1. Is my wife allowed to work as well?
2. Since I have the right to abode in the UK, can my wife come with me the same as any other EU country?

The way I read the laws is that even though we can go anywhere in the EU under freedom of movement, for some reason, this does not apply to my "home country" of the UK since she does not have the right to abode there? Or am I interpreting it wrong?

Thanks!

Azarel

Hello,

Regarding rights for non-EU family members, the EU has this to say:

"If you are working in another country – as an employee, self-employed or on a posting, your non-EU spouse, (grand) children or (grand)parents can stay there with you without having to meet any other conditions."

and then:

"During their stay in your new country, your non-EU spouse, (grand)children or (grand)parents should be treated as nationals, notably as regards access to employment, pay and benefits facilitating access to work, enrolment in schools, etc."

So if you have a passport from an EU state (ie the UK in your case) then theoretically your non-EU wife can come with you and be treated the same as a citizen of that country. Of course, how well various countries may apply the law is something you'd have to ask someone with specific experience of that country, but in theory, yes, she can come with you wherever you go in the EU and can also look for work. She will, however, have to apply for a residency card within three months of arriving in any EU country, as will you if you choose to stay anywhere other than the UK. In the UK, you have to apply for a spouse visa which requires your having enough money to support you both and some other stuff, but allows her to work straight away once she's received it. I guess the UK immigration are a bit more suspicious, and therefore strict, as in the past fake marriages have been common.

source

All the best.