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· Registered
4 Posts
Discussion Starter · #1 ·
Hi ALL :)

Just to clarify some things-
and would greatly appreciate some assistance

Im currently living and working in Belfast UK
where i am born and breed

me and my wife got married 1 year ago in HK
and she is currently here on a UK 6 month family visit visa
and she is Chinese citizen

i hold both Irish/UK passports

i seen on the UKBA website it states that a UK national can exercise there treaty rights by returning to the UK for work along with there non- EEA family member
heres the thread-

If you are a British citizen, you cannot ordinarily rely on the provisions of European law to bring your non-European family members to the UK. Instead, you should seek permission under the British Immigration Rules for those family members to enter and remain in the UK. See the Partners and families section for more information

However, the European Court of Justice held in Case C-370/90 that British citizens can rely on European law in circumstances where they are returning to the UK in order to work or settle here in a self-sufficient capacity after working in another European Union state. In these circumstances, the returning British citizen has the right to be accompanied by his or her husband, wife or civil partner, if they have previously been living together in the other European Union state.

though it dosent state how long need to be outside the UK for and cant find much more info about it!!

i was thinking- if i can find out how long i need to be outside the uk for then its looks possible to enter that way with my non-EEA wife

i think i read somewhere that UKBA require 3 months+ to be outside UK working in a EU member state
though cant remeber where i read this lol

if this can work then i plan to take off work unpaid leave for 3 months and both me and my wife go to europe find little work and then return using EEA

any advice greatly appreciate it!

i earn above the 18,600 wage
though i work more than 1 job
and i have called the UKBA and they said to apply sponsor visa CAT A would be ok
but we all know the UKBA arnt nice ppl and refusals is something they like to do!

· Registered
4 Posts
Discussion Starter · #3 ·
Eea and the ukba

Thanks for your reply!!

I have done some research on this matter and UK citizens seems they have the right to exercise treaty rights if they work in another EU member state and then there non-eea family member can apply EEA family permit to come to the UK

have you read the UKBA website-
it states.....
i copied this from there website:

Although the UK is a member of the EEA, a non-EEA family member of a British citizen should not generally come to the UK using an EEA family permit. However, a non-EEA family member of a British citizen living abroad can apply for an EEA family permit to join the British citizen on their return to the UK if:
the British citizen has been living in an EEA member state as a worker or self-employed person; and
the family member, if they are the British citizen's spouse or civil partner, has been living together with the British citizen in the EEA country.

so seems its ok
though i dont know how long i need to work in the other EU member state

also if you have the time- read this on the UKBA website-
EUN2.14 Can family members of British citizens qualify for an EEA family permit? ('Surinder Singh' cases)

helpful advice appreciated pls :)

many thanks

· Registered
4 Posts
Discussion Starter · #5 ·
Perhaps I misunderstood you. It seemed that you are now living and working in Ireland but wish to exercise your treaty rights in UK...
In UK (Belfast) at min with my wife shes holding Uk family visit visa
was thinking of going to Europe to work for a few months then apply EEA family permit for her to come to the UK
under the surinder singh route!

· Registered
2,024 Posts
Ok I understand now! Why not just apply for a spouse visa for her seeing you mentioned you earn above the £18 600? It seems it would be rather expensive to leave for 3 - 6 months then go back?

· Super Moderator
18,358 Posts
You can exercise your treaty rights in an EU country other than the ones you are a citizen of. Don't underestimate the difficulty of finding a job in another EU country especially if you don't speak the language. It must be a legitimate job with a contract. There is no specified time set down on paper but 3-6 months seems to be the norm.

If you meet the financial requirement by earning £18,600/year and can also meet the accommodation and relationship requirements, I agree that applying for a UK spouse visa seems to be the better option.
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