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Change of UK Spouse Visa To EEA Family Permit

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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naumanmumtaz
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Posts: 144
Joined: Wed Mar 03, 2010 10:39 am

Change of UK Spouse Visa To EEA Family Permit

Post by naumanmumtaz » Tue May 20, 2014 8:07 pm

Hi all,
bit weird question. My wife has UK Spouse visa issued to her in December 2013 while my stepson app was refused. Wife travelled to UK for one week to activate her visa and then went back to Pakistan. We appealed against stepson app which is in court and expected to e resolved by Nov/Dec 2014 because of lengthy wait at tribunal.
Meanwhile I moved to Denmark and brought wife and stepson to Denmark and have been issued with 5 Years Danish EEA Family Permit under EU Rules. I will move back to UK in August 2014 (Finger X) under Surinder Singh Rule as EEA National.

My son will be issued EEA Family Permit for UK but my question is "CAN I ALSO APPLY EEA FAMILY PEMRIT FOR MY WIFE AS WELL"? Although she already have spouse visa but I prefer to get EEA Family Permit for her as its more flexible. As per my understanding of EU Directive is that it states "As EU National I can choose to have National Rules applied if they are more favourable to me but it does not state if I can choose to have EU Rules applied instead of National Rules (For My Wife who already have Uk National Spouse Visa Issued).

I hope my question makes sense? If anyone can advise on it that would be great, if possible with links to that information.
Thank You

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