Treaty Rights Question

Hi everyone,

I've been doing some adv searches on the forum but it seems like I have a good question.

I'm Argentinian with Spanish descent (and so an EEA national).

I have married my partner who's just Argentinian with no descent (non-EEA national).

Now we're both in Argentina right now and we want to move to the UK under EU law.

I can see in the applications that it is clear that we can either:

• - Have my partner join me in the UK (so I'm already exercising treaty rights), OR,
  - Travel together to the UK (in which case I wouldn't be exercising treaty rights just yet)

The application (well, the Dec 2013 version) does state that my non-EU partner can either join me or travel with me to the UK.

This logically should mean that if I'm travelling with my partner to the UK together, I intend to exercise Treaty Rights but I'm obviously not exercising them just yet.

My question is:
Is the fact we're not exercising Treaty Rights just yet FINE?

The application suggests that this is fine (otherwise it wouldn't be an option, right?).

But we all know how legal things are... there's always something you might miss and suddenly get a refusal for not having prepared enough.

Any kind soul out there willing to enlighten us?

Thanks so very much

I believe this should be fine as you have an initial right to reside of 3 months, even if not yet exercising treaty rights.

For full guidance, refer to the following website:
https://www.gov.uk/family-permit