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talljamz wrote:
Question 1. Does having a dual British / EU nationality affect my wife's application ?

No it doesn't. You can use you French nationality if you want to sponsor your wife to the UK and the opposite if you want to sponsor her to France

talljamz wrote:Question 2. Does the fact that some of my paper work state my nationality as British and the Passport I submit as French affect our application - should we in this case go for the UK Spouse Visa (using my UK passport)?

No it shouldn't affect it at all. So long as you have a valid genuine French Passport, you should be fine. You could apply for the spousal visa, but the requirements are greater. Accommodation and proof of adequate resource are required.

talljamz wrote:Question 3. If the EEA Family Permit will still work - is submitting my original French Passport sufficient or will I need to also supply a certified copy (certified by the French Embassy here in Mexico).

Just your French passport will suffice and the completed 17 pages EEA permit application form. There are lots of irrelevant questions, but you can choose not to answer them. The questions about accommodation and financial requirement are not permitted under EU law. You would also need to submit most importantly you marriage certificate, as evidence of relationship between you and your partner.

Also please have a look and this EEA Family permit information page which provides information for applicant.

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As the guidance is currently under review, do let us know what happens.

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The British insist you do, on their 17 pages form, but the law says you need not. However, you healthy income will suffice, should the entry clearance officer intend on violating the law again, by asking you to provide this information.

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Her permit is valid for only 6 months so we're getting close to the period where she needs to renew it

Actually no, it is not compulsory that she applies for anything else. However it is a good idea, that she submits a form EEA2, to apply for a Residence Card.

That is, she has her Treaty Rights anyway, thanks to the EU Directive, but having ready proof of those Treaty Rights is, for a non-EEA person, very helpful.

You do not need to submit a form EEA1.

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No, that is the problem. Leaving the UK is not a problem, getting back in could be. And if she is a "visa national" she would not even be allowed on the plane.

But simply staying in the UK is not a problem except is she wants to work she would encounter problems convincing an employer she has the right to work.

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Does anyone have a link where it says that if you have british and another EU nationality you can choose whether you want to apply under EU or UK rules?

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Not sure if anybody will be able to help me as quickly as I need it because I am about to decide between applying for a spouse visa or EEA permit while I am here in Mexico and I only have a few weeks, but here goes :

I am in a very similar situation to the original thread starter. I am married to a mexican girl, I am a UK citizen and passport holder and I previously worked in spain for 3 years thus making me an EEA member, and I want to bring my wife to the UK with me.

The problem I see is that they say under the rules that the non EEA member applying for the permit must have legally resided in the EEA country with the UK citizen but from the original post it suggests that his wife only ever visited ENGLAND as a tourist (and not france), the same circumstances I have. My wife never lived with me in spain, she visited me in england after I had moved back to the UK, she came for 6 months (legal for mexicans) and then we travelled to mexico to get married.

I have read that the law was changed because of a case involving someone called Akrich.

Can anyone tell me whether it is possible for my wife to get the EEA permit and if so, what documents do I need? I received a certificate of residency when I was in spain and also an NIE number (similar to our NI number for working and contributions), would those suffice?

can you possibly inform me?

thanks very much, this site is fantastic and all the people who willingly give of their time to help others are great,

Nick

nickkarkie wrote:I am in a very similar situation to the original thread starter. I am married to a mexican girl, I am a UK citizen and passport holder and I previously worked in spain for 3 years thus making me an EEA member, and I want to bring my wife to the UK with me.

No, you are in a different situation because you are obviously not a dual national. You might be a 'Singh' case but I suspect HO may see it differently.

BTW, you are an EEA national by virtue of your British citizenship but in order to make use of the EEA route in the UK you must have first exercised your treaty rights as worker or self-employed person for at least six months. Your problem is that your wife hasn't lived with you while in Spain.

To be honest I do not know excatly what the Akrich case says, whether it would help you and what the UK has made of it.

I worked in Spain for over 2 years so I can therefore exercise my rights as worker. Anyone know if the fact that my wife did not live me in spain makes this a open shut case and if therefore it would be better if I just go for the settlement visa?

thanks for the reply 86ti

Just a little side question:

I have everything ready for the settlement application with the only stumbling block being that all our personal emails that we have printed out as evidence are in spanish, obviously because she is Mexican and speaks only Spanish and I speak spanish as well. Now the documents checklist says that all letter must be in english, but how can we possibly translate hundreds of emails to make them admissible in our application process. Is there any way around this? possibly a summary of all our exchanges, something like that?

thanks again

Hi Nick,

The Surinder Singh principal has always been that the non- EEA family members should have lived in another member state for them to qualify, on the return of the Union Citizen to his/her home country.

Akrich dealt with a different issue from that principal. In any case, Akrich has now been overturned by another judgement called Metock, so it is no longer relevant.

The best way to sort the email contact with your wife, is to do a google/yahoo translation of your contact into english, and that would be sorted, alternatively you could get a notorised body to translate them for you.

It is not strictly compulsory that you provide those documents, however it has been proven to help in many case.

I wish you all the best in the application and a happy life together

Obie wrote:Hi Nick,

The Surinder Singh principal has always been that the non- EEA family members should have lived in another member state for them to qualify, on the return of the Union Citizen to his/her home country.

Akrich dealt with a different issue from that principal. In any case, Akrich has now been overturned by another judgement called Metock, so it is no longer relevant.

The best way to sort the email contact with your wife, is to do a google/yahoo translation of your contact into english, and that would be sorted, alternatively you could get a notorised body to translate them for you.

It is not strictly compulsory that you provide those documents, however it has been proven to help in many case.

I wish you all the best in the application and a happy life together

thanks, excellent recommendation about the google think. It would cost a bomb to translate about 300 pages of emails.

you guys are great human beings, thanks for the support