I sent a letter to Europe Advice Service (SOLVIT) and this is there reply below,
my Original letter to them is at the end.
Let me know your thoughts please.
Dear Sir/Madam,
Please find below the reply to your enquiry. Please note that the advice given by Your Europe Advice is an independent advice and cannot be considered to be the opinion of the European Commission, of any other EU institution or its staff nor will this advice be binding upon the European Commission, any other EU or national institution.
Dear Citizen,
Thank you for your enquiry to the Your Europe Advice service.
Since your wife appears to hold a residence card granted by the German authorities under Directive 2004/38/EC on the basis of her marriage to you, she can use this residence card to enter the UK in lieu of an EEA Family Permit. This was established by the Court of Justice of the EU in the McCarthy case, C-202/13 and has been confirmed under UK law by the Immigration (European Economic Area) (Amendment) Regulations 2015 SI No 694. These Regulations came into force on 6th April 2015.
For you this means that your wife is not required to obtain an EEA Family Permit to enter the UK provided she holds a valid residence card granted by the German authorities under Article 10 of Directive 2004/38/EC and is accompanying you to the UK or joining you there.
I trust that the above information is of assistance to you. Should you have any further queries in relation to your rights in the EU, please do not hesitate to revert to the Your Europe Advice service.
Yours sincerely,
Your Europe Advice
To submit another enquiry, please visit Your Europe Advice, but do not reply to this e-mail.
Your original enquiry was:
To whom it may concern,
I am British Citizen, married to non-eu citizen and we have a 2 and half year old daughter ( British Citizen).
We have been married for 4 years now.
I am newly qualified doctor and we are living in Germany.
My wife has family member of EU citizen Residency card issued by Germany under regulation 9 ( 5 years ).
At the moment I am studying the German language as that is the only way that i can work as a Doctor in Germany and i have just started B1.
I am working as well part time.
We have been in Germany since september and we have changed our livelihood to Germany as we are renting, our daughter is going to kindergarten and we are planning to stay for a long time here.
My Issue is the new regulation which allows Family members of EU Citizens to travel to UK without requiring Family Permit Visas from British Embassy.
The thing is I also have family in England and we want to visit them without having the worry of thinking to apply for the Family Permit as it is a hassle, time consuming and a stress to think about because it is in Berlin and that is at least 5 hour drive there and 5 hours back..
Therefore can we not just depend on this new regulation and travel to UK with proof of our establishment in fitting in in Germany, our marriage certificate etc, without having to worry about the Family Permit?
Before coming to Germany we were in Romania as this is where is studied Medicine.
Therefore can you please help us out to give us our rights and some guidance please.
Yours Sincerely
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