86ti wrote:italo59 wrote:I am an Italian Citizen and my wife is Brazilian.
Aren't Brazilians non-visa nationals?
Yes, so the OP's wife could present herself as a visitor and then apply for a Residence Card after arriving in the UK. I don't recommend that because if it's apparent to the Immigration Officer on arrival that she intends staying here, she doesn't qualify for entry as a visitor. They could still claim their EEA Family rights, but they'd get jerked around while it was sorted out, and the IO has no powers to grant admission under EEA regulations.
They should apply in Brazil for an EEA Family Permit, and the OP should support his wife's application with a covering letter stating that he will be a "qualified person" under the EEA Regulations, as a jobseeker (unless his employment is already arranged, in which case he's a "worker"). EEA nationals have the right to enter a member country for up to 3 months for any purpose, and are still a "qualified person" beyond that if they are actively seeking employment and have a realistic chance of getting a job. Therefore, unless the ECO can show that the OP has little or no chance of getting a job (and the onus of proof would be on the ECO), he has to accept that the OP is exercising his treaty rights, and that his wife is entitled to an EEA Family Permit.
The Family Permit is valid for 6 months, which is effectively the window of opportunity for the OP to establish himself here,as he would then apply for a Residence certificate for himself and a Residence Card for his wife, valid for 5 years.
Oops! I stand corrected.