British citizen living in Malta with non EU spouse

[lolfox]

Here is our situation...
I am British and my wife is Colombian. We made a settlement application to the UK in May 2013 but have been kept on hold as we didn't meet the financial requirement (although it wasn't until my father wrote to his MP that they bothered to inform us of this, in october)

We continue on hold but my wife withdrew her passport, and since January 2014 has been living in Malta on a student visa while she studied English. I joined her in February and have been working under contract here in Malta for the last month.

This week she was granted Maltese residency as the spouse of a EEA state member.

As I understand it, if we stay here for 6 months we could return to the UK under EEA family permit rules. However, my question is, is it possible for my wife to accompany me on a visit to the UK with her EEA residency permit?

If anyone has any ideas I would be extremely grateful and I apologise if this topic has been mentioned on the boards already.

[rosebead]

I'm afraid your wife will have a hard time getting into the UK with her EU Residency Card. She will still need to apply for an EEA Family Permit. The UK are acting illegally and have been warned by the European Commission, but it seems they don't care. I believe there is a pending CJEU case that will be considering this very issue next month - McCarthy (C-202/13).