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Can Non-EU Spouse w/ Residence Card in One EU Country Move?

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biblapmcdantope
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Can Non-EU Spouse w/ Residence Card in One EU Country Move?

Post by biblapmcdantope » Sat Jan 31, 2015 9:10 pm

Hi. Two questions if anyone knows…

1) Can my non EU Wife who has an EU (Spain) Residence Card move around with me in Shengen area and live and work anywhere we like?

2) Any news yet on new EKJ ruling about getting EEA family permits with residents card only (i.e. circumventing SS ‘circle of life’ nonsense)?

THANKS!

biblapmcdantope
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Re: Can Non-EU Spouse w/ Residence Card in One EU Country Mo

Post by biblapmcdantope » Sun Feb 01, 2015 10:02 am

Incidentally, specifically I am wondering about Hungary. Can we go from Spain (with her residence card) and set up shop in Hungary without paperwork (and language) nightmare – just waving her residence card around?

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ALKB
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Re: Can Non-EU Spouse w/ Residence Card in One EU Country Mo

Post by ALKB » Sun Feb 01, 2015 5:25 pm

biblapmcdantope wrote:Incidentally, specifically I am wondering about Hungary. Can we go from Spain (with her residence card) and set up shop in Hungary without paperwork (and language) nightmare – just waving her residence card around?
She can travel to Hungary without needing a visa but she will have to apply for a Hungarian residence card for family members of an EEA national if she wants to stay longer than 90 days/settle/work in Hungary. No Hungarian language skills required. (Apart from needing to survive and interact with authorities but that's a different story.)

BTW the acceptance of residence card in lieu of EEA family permit does not really waive the centre of life requirements, that will still have to be proven when applying for a residence card in the UK. The judgement simply makes it easier to obtain a code 1A stamp which was always possible anyhow.

n2o
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Re: Can Non-EU Spouse w/ Residence Card in One EU Country Mo

Post by n2o » Wed Feb 04, 2015 10:19 pm

She can travel to Hungary without needing a visa but she will have to apply for a Hungarian residence card for family members of an EEA national if she wants to stay longer than 90 days/settle/work in Hungary. No Hungarian language skills required. (Apart from needing to survive and interact with authorities but that's a different story.)

BTW the acceptance of residence card in lieu of EEA family permit does not really waive the centre of life requirements, that will still have to be proven when applying for a residence card in the UK. The judgement simply makes it easier to obtain a code 1A stamp which was always possible anyhow.[/quote]

I understand the UK can be tricky

For the Spain to UK route - if the non EU spouse of the Brit citizen travel together to the UK to live & the spouse only has the Spain RC, can that spouse (she/he) without an FP apply & get a UK residence card on the basis their centre of life is now in the UK (house, bills, council tax, on the electoral roll etc)?

If the spouse (without a UK family permit) applied in the UK for a UK residence card, could it be refused, if so,why - 'on what grounds', do you think?

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