UK laws versus EU laws regarding residence and free movement of people

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UK laws versus EU laws regarding residence and free movement of people


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Old 30th December 2011, 12:40 PM
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Default UK laws versus EU laws regarding residence and free movement of people

I am a bit at conflict with the various laws in the EU versus UK with regards to the free movement of people, so here is my question.

If a non-EU citizen is married to an EU citizen, where for example the EU citizen is Spanish and lives and works in Germany. They marry in Germany and reside there for a while then he gets a 3 year contract in the UK. He moves there, but keeps his residence in Germany since he has work still going on there, family as well as property.

The non-EU citizen has lived in Spain for a couple of years before marrying the EU citizen and applied for change of her residency under her new status in Germany.

How can the non-EU citizen move with him to the UK during those 3 years? Does her residence permit in the EU grant her the right to move with him to the UK or should she apply for a special permit or visa in the UK?

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Old 30th December 2011, 03:01 PM
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As the non-EU spouse of an EU national, you have the right to reside and work in any EU country with your spouse. Each country has its own registration process, though. The EU regulations only require each country to have a "facilitated" process for granting the non-EU spouse a residence permit in order to join their EU spouse.

But all bets are off if you are looking to join your EU spouse in the country of his nationality.

Your EU residency doesn't transfer unless you have lived in another EU country for at least 5 years. But you may still have some difficulty if your husband is maintaining his residence in Germany.
Cheers,
Bev

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