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Discussion Starter · #1 ·
Forgive my ignorance but just reading a few recent threads, I just wanted to check my understanding of the EU/EEA FP.

In its simplest form.... An EEA national can bring both themselves and a NON-EEA partner to the UK on an EEA FP without financial requirements by exercising their rights to live and work in an EU country... but a UKC, already living in the UK, cannot bring a non-EEA partner to the UK on an EEA FP but must get the relevant visa which will cost more and is subject to financial requirements?

Can a UKC take themselves and a NON-EEA partner to another EU country (excluding UK) on an EEA FP by exercising their rights to live and work in an EU country? (eg, could I, as a UKC, take myself and my USC fiancé to Ireland or France?)

Thank you in advance for clearing the muddy waters of my mind :)
 

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Forgive my ignorance but just reading a few recent threads, I just wanted to check my understanding of the EU/EEA FP.

In its simplest form.... An EEA national can bring both themselves and a NON-EEA partner to the UK on an EEA FP without financial requirements by exercising their rights to live and work in an EU country... but a UKC, already living in the UK, cannot bring a non-EEA partner to the UK on an EEA FP but must get the relevant visa which will cost more and is subject to financial requirements?

Can a UKC take themselves and a NON-EEA partner to another EU country (excluding UK) on an EEA FP by exercising their rights to live and work in an EU country? (eg, could I, as a UKC, take myself and my USC fiancé to Ireland or France?)

Thank you in advance for clearing the muddy waters of my mind :)
Yes EEA FP is for family members of EEA nationals and not UKC, UNLESS the UKC has been living and working in a different EEA state.
EEA FP is for UK entry only. Other EEA states have different permits, etc.
 

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Discussion Starter · #3 ·
chrispy179 said:
Yes EEA FP is for family members of EEA nationals and not UKC, UNLESS the UKC has been living and working in a different EEA state.
EEA FP is for UK entry only. Other EEA states have different permits, etc.
Thank you for clearing that up :) I thought the EEA FP was an EU wide document rather than UK specific. A UKC would therefore need to seek out the immigration rules for the EU country they wish to go to and see what their entry requirements are.

Learning is always a good thing.
 

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Forgive my ignorance but just reading a few recent threads, I just wanted to check my understanding of the EU/EEA FP.

In its simplest form.... An EEA national can bring both themselves and a NON-EEA partner to the UK on an EEA FP without financial requirements by exercising their rights to live and work in an EU country... but a UKC, already living in the UK, cannot bring a non-EEA partner to the UK on an EEA FP but must get the relevant visa which will cost more and is subject to financial requirements?
Yes. Because British citizens cannot be said to be exercising treaty rights in their own country, so only the national immigration law applies.

Can a UKC take themselves and a NON-EEA partner to another EU country (excluding UK) on an EEA FP by exercising their rights to live and work in an EU country? (eg, could I, as a UKC, take myself and my USC fiancé to Ireland or France?)
Yes you can, though you should first be married. EEA Family Permit is only issued by UK and other EU countries have their own procedure for dealing with such cases. In many, such as France or Germany, both of you can come over just with passports and then apply for US citizen's residence permit within a stipulated time, so no visa or permit needs to be obtained in advance.

Now the good thing is, if you live in an economic capacity (i.e. work) in another EEA country, then you can apply for EEA family permit for your spouse (free to apply) to live in UK. After arrival you will normally apply for residence card (again free) which confirms your spouse's right to live and work in UK, valid 5 years, and can apply for ILR after that. This is called Surinder Singh judgment, now incorporated into UK immigration law. Mr Singh, an Indian, was married to a British national and Mr & Mrs Singh went first to Germany for her to exercise her treaty rights by working, and it was argued that under EU law, Mrs Singh should have the right to bring her husband home to UK, which was upheld by the European Court.
 

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Thank you for clearing that up :) I thought the EEA FP was an EU wide document rather than UK specific. A UKC would therefore need to seek out the immigration rules for the EU country they wish to go to and see what their entry requirements are.
There aren't any. EU citizens (with a few exceptions for recent accession states like Romania and Bulgaria) have the right of free movement, so can go and live, work, study, open business, retire or be self-sufficient anywhere in EEA. The only thing to watch out for is, as I've explained above, different procedures for regularising non-EEA spouse's stay, such as getting a residence permit, which is fairly painless.
 

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Discussion Starter · #6 ·
Joppa said:
Now the good thing is, if you live in an economic capacity (i.e. work) in another EEA country, then you can apply for EEA family permit for your spouse (free to apply) to live in UK. After arrival you will normally apply for residence card (again free) which confirms your spouse's right to live and work in UK, valid 5 years, and can apply for ILR after that. This is called Surinder Singh judgment, now incorporated into UK immigration law. Mr Singh, an Indian, was married to a British national and Mr & Mrs Singh went first to Germany for her to exercise her treaty rights by working, and it was argued that under EU law, Mrs Singh should have the right to bring her husband home to UK, which was upheld by the European Court.
Thank you for this :) I had heard of the Surinder Singh judgment but didn't fully understand what it represented. This is interesting as it opens up other possible avenues should the new immigration rules prevent my fiancé coming to the UK directly.
 
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