I am a British resident in Spain with a non-EU spouse. A change in family circumstances means that I am rushing to apply for a EEA Family Permit for her under ‘Surinder Singh’ so we can move to the UK as a family along with our children.
UKVI has confirmed this remains a valid option and invited me to apply under this route via their website.
However, the first question on the application asks me to select an application category and none seem to apply to my wife. I pointed this issue out to UKVI but they say they can only forward me to information already on their website and suggested that I seek specialist advice here in Spain (!), since applications for an EEA Family Permit must be made online from the country of residence.
The application categories are as follows:
1. Close family member of an EEA or Swiss national with a UK immigration status under the EU Settlement Scheme
2. Close family member of an Irish Citizen who does not have a UK immigration status under the EU Settlement Scheme, but would qualify for status under the EU Settlement Scheme were they to apply for it
3. Close family member of a relevant person of Northern Ireland who does not have a UK immigration status under the EU Settlement Scheme, but would qualify for status under the EU Settlement Scheme were they to apply for it (or in the case of British citizens and dual British and Irish citizen people of Northern Ireland they would qualify but for the fact that they are a British citizen)
4. Close family member of a relevant naturalised British citizen who would qualify for status under the EU Settlement Scheme were they able to apply for it
5. Family member of an EEA national
6. Family member of a Swiss national
7. Primary carer of an EEA national
8. Dependant of a primary carer of an EEA national
9. A travel permit to enter the UK because I have lost, damaged or had stolen my biometric residence card (BRC)
As you can see, nowhere is "close family member of a British citizen" mentioned...
It seems the UK is still nominally part of the EEA until 31st December. Should I therefore be treated as a ‘EEA national’ (i.e. the first option) in order to proceed with a ‘Surinder Singh’ application for my wife’s EEA Family Permit?
If so, does this imply that 31 Dec is the absolute deadline to apply for an EEA Family Permit under this route? Thank you so much in advance for your thoughts and any pointers
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