Victor Meldrew

I realise that things are moving and changing with regard to EU citizens and Brexit. Just wanted people's opinions regards the following:

1) I am UK born and bred, wife is Portuguese
2) We have been married since December 2002
3) We have been overseas (Middle East) since we have been married apart from:
4) July 2015 - April 2016 we were back in UK. Wife got NI number and did some TA supply work She also registered with local doctor and on electoral register.
5) I am on a 2 year contract due to return June 2018. My wife is also out here with me.
6) When I return I will be retired and on a teachers pension (I am 59)

I am concerned that, while we are away, UK rules will change towards EU citizens and my wife may have difficulty remaining in UK. We were already 'bitten' by the change in rules for non-EU spouses in 2012 after which my wife changed nationality to Portuguese.

What are your feelings regards what may happen for EU citizens in UK, particularly when working towards permanent residency.

inggris

Can't she return to the UK on a UK spouse visa instead if you meet the requirements? (Other more knowledgeable forum members may advise.)

Victor Meldrew

I believe she will be OK coming into the country, I am more concerned regards her ability to remain.

I recall reading somewhere that the so called 'spousal visa' is not used anymore

As you say, someone with more knowledge may be able to give an opinion of potential future plans

formula

PR would need at least 5 years of EU rules in the UK after she enters in 2018 and even PR is EU law. It is doubtful there willl be EU laws in the UK in 2023 with a Brexit looming. She would have to see if she was offered anything by the UK.


There is also the problem of the cutoff date that the UK have already said they may have, due to the expected high numbers trying to get in before the UK closes it's door, but they won't say yet when that final date was. The latest figures just released is showing that record numbers are arriving in the UK.

Even if the UK hadn't voted to leave, just having an EU citizenship does not mean your wife can live in the UK. Her EU passport allows her 3 months. For free movement, she must follow the Directive of being a qualified person at all times, to be allowed to reside in the UK past that 3 months. i.e. to be a Self Sufficient qualified person in the UK under present rules, she would need to buy a Comprehensive Sickness Insurance that covers any exisiitng conditions too and she must not claim UK benefits.

You can read the present rules to be a qualified person in the UK, here
https://www.gov.uk/government/public...lified-persons


Unlike a UK visa, you cannot sponsor an EEA under EU rules and your wife will be the one who needs to make sure that she is a qualified person at all times.

The UK often make changes to what a qualified person is in the UK and she would also need to keep up with these changes. If she isn't a qualified person, then she has no right to live in the UK and the UK can remove and ban her.

You sponsoring her for a UK spouse visa, might be less stressful. At least then you will know that she is on the route to settlement in the UK and that a Brexit won't change that.
https://www.gov.uk/join-family-in-uk

Victor Meldrew

Thank You for your detailed reply.

Is there a difference if I am on a pension/retired? I recall with the 2012 non-EU rules that financial requirements were waived if the UK spouse was on a pension.

Thanks again

formula

You're welcome.

No, you still need to meet one of the financial requirement catagories to be able to sponsor, such as you having an £18,600 income or savings of £62,500(?). Have a read of the requirements and see which one you can use.
https://www.gov.uk/government/upload...equirement.pdf

People on here have used the savings catagory and they will be able to tell you more about that.