spouse of an EEA citizen, not living in the UK

[miko77]

Hello,

my wife and I met in the UK. I am German, she is from Venezuela. We now live in Germany, she still has a UK work permit that expires Feb 15, 2012.

She has been offered a three month contract job Jan-Mar 2012 in the UK. She would commute to the UK by plane for the work week Mon-Fri and stay the weekends with me in Germany.

If we would be living in the UK, I understand she would be able to get a work permit because she is married to me, an EEA citizen. But we are currently living in Germany. Can she still get that permit?

Or can we do it any other way? Would it be difficult for the company to sponsor her a permit for that time?

We could even think about renting a small place somewhere in the UK, that she and I can use as a second home. Maybe that way we would have a UK address and she could get that work permit? Would that work?

Many thanks,
Miko

[John]

I understand she would be able to get a work permit because she is married to me, an EEA citizen.

Well no, that is not the case. She might get a WP, but that would not be allied to her marriage to you.

However, and this might be what you were thinking of, if you, the EU Citizen, were exercising EU Treaty Rights in the UK, then she also would be allowed to exercise such Treaty Rights in the UK. That would include the right to be employed, or self-employed.

Can I ask, have you got a job in Germany? Or alternatively do you have the ability to move to the UK, at least for the three months that you mention? If the answer to that is yes, your wife should apply at her nearest British Mission for an EEA Family Permit, which will have 6 months validity.

[miko77]

Thanks for your reply, John.

I do have a job In Germany. But it also offers some flexibility. I potentially could live at two places for a few months. Is that good enough?

What does it mean "exercise EU Treaty Rights", if I may ask. Living in the UK? Or are there other ways to do that?

Best regards,
Miko