ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Is a British Citizen also an EEA citizen?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

Locked
Graham Weifang
Member
Posts: 239
Joined: Wed Mar 02, 2011 12:33 pm
Location: Cheshire, UK
Mood:
China

Is a British Citizen also an EEA citizen?

Post by Graham Weifang » Fri Mar 04, 2011 5:11 pm

Hello all,
What a mess this immigration stuff is.

I am UK born, and have UK passport.
In the back of my passport, it says BRITISH CITIZEN.

As the UK is also in the EEA, am I aslo an EEA CITIZEN?

If I went to live in Denmark for example, am I then a EEA citizen, or am I always a BRITISH CITIZEN, first and foremost.

I am looking to bring my non EEA wife back to UK, by way of the non EEA route, as per 2004/38/EC

Thanks


Weifang

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Mar 04, 2011 7:33 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

edinburgh
Newbie
Posts: 46
Joined: Thu May 20, 2010 2:36 pm

Re: Is a British Citizen also an EEA citizen?

Post by edinburgh » Sat Mar 05, 2011 2:20 pm

Graham Weifang wrote:Hello all,
What a mess this immigration stuff is.

I am UK born, and have UK passport.
In the back of my passport, it says BRITISH CITIZEN.

As the UK is also in the EEA, am I aslo an EEA CITIZEN?

If I went to live in Denmark for example, am I then a EEA citizen, or am I always a BRITISH CITIZEN, first and foremost.

I am looking to bring my non EEA wife back to UK, by way of the non EEA route, as per 2004/38/EC

Thanks
Weifang
Hiya

If you're a British citizen, then you're also an EEA citizen. This means that you can go to any EEA country and live there. However, some countries require you to register (i.e. to apply for a residence confirmation), and I believe Denmark is one of them. A good source of information is http://europa.eu/eu-life/residence-rights/index_en.htm
you'd need to check with a relevant country if you need to register. all in all, as an eea citizen, you have a right of free movement.

Graham Weifang
Member
Posts: 239
Joined: Wed Mar 02, 2011 12:33 pm
Location: Cheshire, UK
Mood:
China

Post by Graham Weifang » Mon Mar 07, 2011 10:17 am

Hi Edinburgh,
Thank you for taking the time to reply.

The reason I want to know is ( if I am also EEA resident, by the fact I am a UK CITIZEN) is this.

I am in China at the moment, and have a job offer in Denmark.
As I am UK Citizen, I have free right to live and work in Denmark.
Also, I believe it is not to difficult for me to bring my Chinese wife to any EEA country, ie, Denmark.
This is done and covered by regulation 2004/38/EC.
Family members of EU citizen.
http://eumovement.wordpress.com/2007/04 ... u-citizen/

I understand that when I arrive in Denmark, certainly if I will be staying more than 3 months, then I need register with police or city hall that " I AM HERE"
then give them my address.
Best to register as soon as possible though, then it's done then.

This then makes it quite easy for me to bring my Chinese wife with me, as we simply need to get a family permit, which should be given within 4 weeks at the Danish embassy in Beijing.

I was just wondering if any one else ever did this on the forum, and can give some "real life experience"

Graham

Kitty
Senior Member
Posts: 706
Joined: Wed Jan 17, 2007 10:54 am
Location: Southampton, UK

Post by Kitty » Mon Mar 07, 2011 10:44 am

Try this site for information about moving to Denmark:

http://www.nyidanmark.dk/en-us/coming_t ... _citizens/

edinburgh
Newbie
Posts: 46
Joined: Thu May 20, 2010 2:36 pm

Post by edinburgh » Mon Mar 07, 2011 11:24 pm

in theory, that is the way you should do things. however, i've read on the bbc news website http://www.bbc.co.uk/news/world-europe-12366676 that denmark has become a bit picky about non-eea family members. great country, but be warned. here are the rules and regulations for eea citizens.
http://www.nyidanmark.dk/en-us/coming_t ... _citizens/

you're classed as a national of both the european union and european economic area, since the uk is in both, but the uk is not in schengen. denmark is in schengen, which means that your wife might possibly have to get a schengen visa as well if she travels on her own (and if she travels via amsterdam in the netherlands, which is in schengen, as well) - i'm not sure on that one, though, so you'd better find out! since you're an eu and eea national, you don't need a schengen visa.



Graham Weifang wrote:Hi Edinburgh,
Thank you for taking the time to reply.

The reason I want to know is ( if I am also EEA resident, by the fact I am a UK CITIZEN) is this.

I am in China at the moment, and have a job offer in Denmark.
As I am UK Citizen, I have free right to live and work in Denmark.
Also, I believe it is not to difficult for me to bring my Chinese wife to any EEA country, ie, Denmark.
This is done and covered by regulation 2004/38/EC.
Family members of EU citizen.
http://eumovement.wordpress.com/2007/04 ... u-citizen/

I understand that when I arrive in Denmark, certainly if I will be staying more than 3 months, then I need register with police or city hall that " I AM HERE"
then give them my address.
Best to register as soon as possible though, then it's done then.

This then makes it quite easy for me to bring my Chinese wife with me, as we simply need to get a family permit, which should be given within 4 weeks at the Danish embassy in Beijing.

I was just wondering if any one else ever did this on the forum, and can give some "real life experience"

Graham

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Mar 08, 2011 2:03 am

Graham Weifang,

Your plan sounds pretty straight forward. You and your non-EU family members can go on vacation, or can move to Denmark. Once there you need to find a job within 3 months. You should then immediately apply for a Residence Card for your spouse.

If you have any problem with the Danish embassy let us know. You can also plan to fly to Gemany first and so go for a Germany Schengen visa. They may be more professional and easier than the Danish embassy. Plus the flight may be cheaper. You could then take the train to Denmark and proceed as discussed.

Graham Weifang
Member
Posts: 239
Joined: Wed Mar 02, 2011 12:33 pm
Location: Cheshire, UK
Mood:
China

Post by Graham Weifang » Wed Mar 09, 2011 5:01 pm


Graham Weifang
Member
Posts: 239
Joined: Wed Mar 02, 2011 12:33 pm
Location: Cheshire, UK
Mood:
China

Post by Graham Weifang » Wed Mar 09, 2011 5:03 pm

Directive/2004/38/EC wrote:Graham Weifang,

Your plan sounds pretty straight forward. You and your non-EU family members can go on vacation, or can move to Denmark. Once there you need to find a job within 3 months. You should then immediately apply for a Residence Card for your spouse.

If you have any problem with the Danish embassy let us know. You can also plan to fly to Gemany first and so go for a Germany Schengen visa. They may be more professional and easier than the Danish embassy. Plus the flight may be cheaper. You could then take the train to Denmark and proceed as discussed.
.
.
I can see you are not called Guru for nothing.
Excellent posting sir.

GW

fysicus
Senior Member
Posts: 767
Joined: Sat May 17, 2008 10:04 am
Location: England
Netherlands

Post by fysicus » Thu Mar 10, 2011 7:45 am

Graham Weifang wrote:This then makes it quite easy for me to bring my Chinese wife with me, as we simply need to get a family permit, which should be given within 4 weeks at the Danish embassy in Beijing.
A family permit is a UK specific entry clearance (EEA Family Permit in full). For other countries there are different requirements. For Schengencountries (such as Denmark, Germany, Netherlands, Norway, etc.) a Chinese national needs a Schengenvisa. With a Schengenvisa issued by one country you can visit all other Schengencountries as well. For your wife (as a family member of an EEA national) there are additional privileges: the Schengenvisa must be issued free of charge via an accelerated procedure. She is also exempt from the requirement to have travel insurance.

In fact, based on a ruling by the ECJ (Brax arrest) she could even enter without a visa, if you travel together and have extensive other documentation about your marriage, but I wouldn't try this unless there is no alternative.
Last edited by fysicus on Thu Mar 10, 2011 10:53 am, edited 1 time in total.

fysicus
Senior Member
Posts: 767
Joined: Sat May 17, 2008 10:04 am
Location: England
Netherlands

Post by fysicus » Thu Mar 10, 2011 10:49 am

edinburgh wrote:in theory, that is the way you should do things. however, i've read on the bbc news website http://www.bbc.co.uk/news/world-europe-12366676 that denmark has become a bit picky about non-eea family members. great country, but be warned. here are the rules and regulations for eea citizens.
http://www.nyidanmark.dk/en-us/coming_t ... _citizens/
The issues that are referred to in the BBC article have nothing to do with Graham's situation. Graham and his wife are covered by the powerful EU-directive 2004/38. Danish national immigration laws only apply to non-EEA family members of Danish nationals or immigrants with no EEA connections whatsoever.

Graham Weifang
Member
Posts: 239
Joined: Wed Mar 02, 2011 12:33 pm
Location: Cheshire, UK
Mood:
China

Post by Graham Weifang » Fri Mar 11, 2011 4:34 am

Hello fysicus,

This powerful EU-directive 2004/38 is really mind blowing.

A lot of the work I do, is in Norway.
So I will consoladate my effort to pick up a new contract in Norway, last contract was over a year long.

Then it looks quite strait forward to bring my Chinese wife to Norway, quoting EU-directive 2004/38.

We should apply in Norway embassy in Beijing for her "shengen visa" which should " must" be issued free of charge via an accelerated procedure.

Then after or during a period of not more than 3 months, we apply for an EEA Family Permit.

Then when that Norway work contract finishes, we should be OK to move to UK.
Thats how I am starting to understand it. Correct ??

Graham

fysicus
Senior Member
Posts: 767
Joined: Sat May 17, 2008 10:04 am
Location: England
Netherlands

Post by fysicus » Fri Mar 11, 2011 7:23 am

Yes, as a summary that is correct except for one point:

within three months of your wife arriving in Norway, she should apply for a Norwegian residence card.

The EEA family permit is a UK specific thing, you should apply for that (at the British embassy) when you are ready to move to the UK, so near the end of your contract in Norway. You will also need it when you want to visit UK with your wife during your time in Norway.

From a practical point of view: be prepared that from time to time you may encounter government officials or airline staff who are not fully aware of the privileges granted by Directive 2004/38 (even though it is in force for almost five years now).

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri Mar 11, 2011 11:01 am

fysicus wrote:within three months of your wife arriving in Norway, she should apply for a Norwegian residence card.
I would tend to call it a "Residence Card" for a family member of an EU citizen (issued by the Norwegian govt).

Note that you can usually apply for it as soon as you (the EU citizen) have a job in the country and you are resident there.

Locked