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UK vs EEA rules

Posted: Sat Jun 16, 2012 3:36 pm
by KPD
Hi!
I would be greatful for your help!
I have Greek and British citizenship. I have lived in the UK for the past 7 years. My wife is Russian, married for two years. We have a son who has Britihs and Russian citizenship. They are planning to move over to the UK.
Can my wife apply under EEA regulations for EEA family permit or it has to be spouse visa?
Many thanks!

Posted: Sat Jun 16, 2012 3:48 pm
by Casa
As you have dual nationality, your wife can apply under EEA regulations as long as you are 'exercising your treaty rights' in the UK....i.e working, studying or you can prove that you are financially self-sufficient and paying private health insurance.

Posted: Sat Jun 16, 2012 4:05 pm
by KPD
Hi Casa!
Thanks for your help!
I am in a full time employment so that is not an issue.
My understanding was that as I have British citizensip, my wife can only apply as a spouse of a Bristish national.
It says on UKBA website
"a non-EEA family member of a British citizen should not generally come to the UK using an EEA family permit"
They can only apply under EEA regs 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"
There is no mentioning of a dual-citizenship though.

Posted: Sat Jun 16, 2012 4:58 pm
by Casa
That refers to those who have only have British nationality. You also hold Greek nationality. I'm moving this to the EU forum, leaving a link to your original post. You should get more information there.

Posted: Sun Jun 17, 2012 3:19 am
by vinny