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Hello All,

I hope this message finds you well.

I am seeking advice on behalf of a friend.

She is a third country national, her husband is an EU national and there son is a British passport holder.

The couple met in the U.K. and got married in her home country. She lived lawfully in the U.K. With a residence card, she had her child in the U.K. and he is a British passport holder.

This is were things get a little tricky. Whilst she I was a lawful resident in the U.K. They decided to move back to his home country to set up a business and live permanently there. In that time her British residency expired, they were unable to get the business off the ground and my friend went back to her home country whilst her husband came back to the U.K.

Given the fact he is an EU national and her son is a British national, what route should she take to gain another visa? I thought it would be the family of an EU national, but her son is British so would it be the regular U.K. spouse visa with the £18,600 financial requirement?

Thank you in advance,

BritC
 

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She applies for EEA family permit outside UK (possible in her own country) and applies for residence card after arriving in UK. No visa needed for her son.
 
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