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UK citizen returning to the UK with non-EU wife
Posted: Wed Apr 11, 2012 4:12 pm
by rolando
In essence, I am a UK citizen. My wife is a non-EEA citizen. We have been living together in France for 3 months, where I have been self-employed.
We want to return to the UK to live there. As I have been working outside of the UK, my wife has been granted an EEA Family Permit for her entry clearance into the UK.
Can my wife apply for a RC on arrival in the UK? I have heard that there is an ECJ case which states that I don't actually need to be employed/self-employed in the UK for my wife to qualify for a RC? Is this correct?
Posted: Wed Apr 11, 2012 4:20 pm
by Jambo
Correct. This was established in
Case C-291/05 - Eind.
For the RC application, you will need to provide similar evidence you provided for the EEA Family Permit showing your activities in France. You might find that the form for RC application (EEA2) is not well structured to cover cases similar to yours but this should not affect the application.
Posted: Wed Apr 11, 2012 10:14 pm
by EUsmileWEallsmile
If the form does not suit, a good covering letter will help.
Posted: Thu Apr 12, 2012 12:42 am
by Directive/2004/38/EC
Interesting is that you are not required to submit an RC application on a particular form. You can just write out your application, with a nice cover letter including all the required information.
I do not know anyone who has done this, but...
Posted: Thu Apr 12, 2012 8:07 pm
by EUsmileWEallsmile
Directive/2004/38/EC wrote:Interesting is that you are not required to submit an RC application on a particular form. You can just write out your application, with a nice cover letter including all the required information.
I do not know anyone who has done this, but...
You are absolutely right, the form is not mandatory. Personally, I've filled in the relevant parts of the form, but you can end up with quite a number of superfluous pages.
Posted: Thu May 10, 2012 12:58 am
by rolando
EUsmileWEallsmile wrote:Directive/2004/38/EC wrote:Interesting is that you are not required to submit an RC application on a particular form. You can just write out your application, with a nice cover letter including all the required information.
I do not know anyone who has done this, but...
You are absolutely right, the form is not mandatory. Personally, I've filled in the relevant parts of the form, but you can end up with quite a number of superfluous pages.
Has anyone on here had success obtaining an RC on the basis of Eind?
Re: UK citizen returning to the UK with non-EU wife
Posted: Thu May 10, 2012 1:25 am
by daddy
rolando wrote:In essence, I am a UK citizen. My wife is a non-EEA citizen. We have been living together in France for 3 months, where I have been self-employed.
We want to return to the UK to live there. As I have been working outside of the UK, my wife has been granted an EEA Family Permit for her entry clearance into the UK.
Can my wife apply for a RC on arrival in the UK? I have heard that there is an ECJ case which states that I don't actually need to be employed/self-employed in the UK for my wife to qualify for a RC? Is this correct?
Congrats, Orlando. Please could you help me also with information regarding your application? eg what documents did you submit for your wife's application for family permit? I am about to apply for one, could you help me pls?
Thanks,
Daddy.