[rockstardmtb]

Hi , as ukba website no visa needed for non eu family member while holding valid resident card from another eu country.
Links are
https://www.gov.uk/government/publi...as-the-holder-of-an-article-10-residence-card

Another important article
UK Government to Recognise Family Member Residence Cards from April 2015 | EU Rights Clinic

Thanks a lot.

 

[Joppa]

Last December's McCarthy Judgment has now been implemented, and residence card for a family member of an EEA citizen issued by any EEA state (it used to be just Germany and Estonia) does away with EEA family permit which was previously required.
Remember this doesn't apply to family member of Swiss national and they will continue to need Swiss family permit if they are visa nationals.

 

[JJ66]

Last December's McCarthy Judgment has now been implemented, and residence card for a family member of an EEA citizen issued by any EEA state (it used to be just Germany and Estonia) does away with EEA family permit which was previously required.
Remember this doesn't apply to family member of Swiss national and they will continue to need Swiss family permit if they are visa nationals.

Hi. Do you know whether this ruling now also includes partners of British citizens living in Europe with a residency card? Previously Brits abroad were considered separately to EU citizens, and needed to apply for the EEA visa. Did the McCarthy case change this rule as I still cannot find clear information on any government site?
Thanks,
Jason

 

[Joppa]

No. Non-EEA partner will either need UK visa (if visa national) or EEA family permit if they qualify under Surinder Singh.

 

[Steviweavi]

confueed....

As I am a UK Citizen living and working in France with my Chinese wife who has a French residency card we can now travel together to see my friends and relatives with needing to apply for a EEA permit, correct?

Steve

 

[nyclon]

No. Read the 2 posts above yours.

 

[Joppa]

She can visit other EEA countries beside UK without getting a visa, but she still needs EEA family permit to enter UK. To be successful, your main home must be in France and you have moved the centre of life to France.

 

[Steviweavi]

Maybe I'm being a little slow today but it seems nothing has changed. We could always travel to other EU states. I have been living and working in France for over 25 years. Paying taxes etc. My principle home is in France. I only have family members in the uk who I visit regularly.

 

[Joppa]

Your wife definitely needs EEA family permit, or UK general visitor visa. As you are clearly settled in France, getting EEA family permit under Surinder Singh shouldn't be difficult. The trouble is it's only valid for 6 months and she has to get a new one each time she visits UK beyond the 6-month limit. And you have to be travelling with her or waiting for her in UK.

 

[Steviweavi]

Ok thanks so this doesn't make any difference in our circumstances. I have read EEA permit was supposed to be free but that isn't the case either £65 each time and looking at the forms it looks like a mine field. As with the general visa application it assumes you want to spend the majority of our time in the uk when it is only short visits.
Thanks for your repels, much appreciated.

 

[Joppa]

EEA family permit is still free. £65 belongs to resident card and other applications you make within UK. Yes, the 100+ page form is daunting, but a lot of sections don't apply to most applicants. In your case, as Surinder Singh applicant, you need to show you've moved the centre of life to France such as property ownership, having well-established employment or business, linguistic ability, membership of clubs and societies etc. But having to do this each time you apply is tedious.

It may be advantageous for your wife to get UK standard visitor visa, and she can apply for multiple-entry long-term visa, for 1, 2, 5 or 10 years, with each visit limited to 6 months, if she can show good reasons for regular trips over a longer period. Also she can travel on her own.

 

[Steviweavi]

Thanks again for the info. The main reason why we need to travel to the uk is my mum. Since my dad died I travel every few weeks. Before we were married my wife had made frequent trips to France and me to China. We made one application for a UK visitors visa to be able to go to the uk and stay with my mum for one Christmas and New year. It was refused because they decided "on the balance of probabilities she wouldn't leave the uk" I still can't fathom out how they could possibly come to that conclusion, it appeared they had either ignored or chose to disbelieve most of the information provided and I wanted to Chalenge the decision until I discovered you can't. So until now now I either travel to uk on my own or bring mum to France which, considering she's now 82 isn't ideal.

Applying for the French visa wasn't simple but it's perfectly clear what documents you need to provide and they check before accepting your application. They didn't do that for the uk visa.
Sorry I've gone off subject but it is so frustrating that something that should be simple is being made so frustratingly impossible. Again thanks for your help and advice.

 

[Steviweavi]

Hi all,

I got this from the UK gouvernent website which was updated on the 11th May 2015.

"For example, a non-EEA spouse of a German national living in Germany will usually hold a residence permit issued under German domestic law. Therefore, a United Kingdom EEA family permit is required for travel and entry to the UK.

A non-EEA spouse of a German national living and working in France will usually hold a residence card issued by the French authorities under EU law. Therefore a United Kingdom issued EEA family permit is not required for travel and entry to the UK"

So if a non-EEA spouse of a UK national living and working in France will hold a French residence card issued by the French authorities.....ok tell me I'm clutching at straws here but surely you can see where I'm coming from?

 

[Joppa]

Yeah, in theory, but UK hasn't yet amended the rules surrounding British national exercising treaty right in another EEA country and brining their non-EEA family member to UK, under Surinder Singh. So she may still face hassle at UK border and may even be turned away without EEA family permit. Look at the second link about this background in the first post.

 

[Steviweavi]

I agree but there is no reason why the examples they put forward can't be applied to uk citizens. Of course it has to be tested and that is exactly what I'm going to do.

The UK seems content to treat it's own citizens badly but we are also EU members and are entitled to the same rights and privileges.

 

[Joppa]

Remember, arguing your "right" at UK border isn't a pleasant or profitable experience and there is a real risk of being turned away and sent back. Border officials have no power to set aside UK regulations, even if morally you may be in the right. UK won't amend the rules for Surinder Singh cases unless compelled by the European court, and they have a backlog running into years. And UK may still leave EU after the referendum, casting doubt over the status of those in UK under current EEA rules.

 

[Steviweavi]

Of course you're right...again ) I travel to the UK frequently as I get discount rates because of my job so I have first hand experience of our friendly border service. And of course, I need to consider my partner too. Its all water off a ducks back to me but she might take it more personally.

But I might be able to test the water first without actually needing to jump in as I can contact colleagues who might be able to put me in touch with someone who could confirm exactly how they are liable to respond.

I do think in something needs to be done because its not right the gouverment treating its own citezens in this way.

 

[Joppa]

Or ask your MP. They have a hotline to Home Office and can get an official response to your legitimate concern. But don't expect anything different from what I've outlined.

 

[Steviweavi]

The thing is because I don't live in the UK I'm ot sure who I should contact. I contact the immigration minister and he passed my email over to the border Control which was a waist of time. I've emailed a MEP, see what réponse I get back from him.
Thanks

 

[Joppa]

Or a close relative in UK can get in touch with their MP about the plight of their sister-in-law etc wanting to enter UK. This is a routine for all MPs.