Immigrationboards.com

Hello everyone, I hope you can give me some advice.

I'm a British Citizen and for the past two years I've been living in Egypt with my non-EEA husband (he's Egyptian).

I have accepted a job in Spain and my contract runs from Sept 2012 to June 2013. Once I have completed my contract we hope settle in the UK. After nine months of living in Spain am I considered an EEA national and is my non-EEA spouse entitled to enter the UK this way? (He will be living with me legally in Spain for the full nine month duration)

Many thanks

most likely yes.

Thank you EU smile

I know I'm planning very far ahead but that seems to be the best way from the other threads I've been reading.

What is the application process...should we do it from Spain, at the airport, or once we have arrived in the UK? And what documentary evidence is needed?

Many thanks

SamPam wrote:Thank you EU smile :D

I know I'm planning very far ahead but that seems to be the best way from the other threads I've been reading.

What is the application process...should we do it from Spain, at the airport, or once we have arrived in the UK? And what documentary evidence is needed?

Many thanks

Ok, first things first. Get to Spain, your husband will need a visa in advance. Comply with the Spanish version of the directive. Enjoy working in Spain.

Once established, you can return to the UK and in general, it would be best to apply from there. You would most likely need to keep evidence of having worked in Spain.

Thank you again

My husband is in the process of applying for a family reunification visa at the Spanish embassy here in Cairo so fingers crossed.

One last question; do you have a like to the UK directive?

Thank you

SamPam wrote:Thank you again :)

My husband is in the process of applying for a family reunification visa at the Spanish embassy here in Cairo so fingers crossed.

One last question; do you have a like to the UK directive?

Thank you

As an EU national, your husband should not be applying for a family reunification visa. A "normal" schengen tourist visa would suffice. Was he forced to pay anything for said visa?

No, the visa is free. He didn't apply for the tourist visa because he also wants to work while we are there. Can he do this on a Schengen visa? Also, the Schengen visa only lasts for three months

For an EU citizen it is just an ENTRY visa. It gets you across the border. And then you are legally present.

What evidence had to be provided with the application?

So, according to The Immigration (European Economic Area) (Amendment) Regulations 2012 does it mean that I (a British passport holder) cannot exercise treaty rights for my non-EEA husband after living together and working in Spain for nine months?

Quote: “EEA national” means a national of an EEA State who is not also a United Kingdom national. (regulation 2, as amended)

I am confused because this contradicts the information on the UKBA website:

http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/

"If you are a British citizen, you cannot ordinarily rely on the provisions of European law to bring your non-European family members to the UK. Instead, you should seek permission under the British Immigration Rules for those family members to enter and remain in the UK. See the Partners and families section for more information

However, the European Court of Justice held in Case C-370/90 that British citizens can rely on European law in circumstances where they are returning to the UK in order to work or settle here in a self-sufficient capacity after working in another European Union state. In these circumstances, the returning British citizen has the right to be accompanied by his or her husband, wife or civil partner, if they have previously been living together in the other European Union state."

I hope you can help me as the 2012 amendment has left me quite confused, and one of the main reasons that I have accepted this job in Spain is so that my husband can enter the UK as the non-EEA spouse of an EEA national when my contract ends.


Thanks

P.S. For the Spanish visa they only want our marriage certificate and my passport

SamPam wrote:So, according to The Immigration (European Economic Area) (Amendment) Regulations 2012 does it mean that I (a British passport holder) cannot exercise treaty rights for my non-EEA husband after living together and working in Spain for nine months?

Quote: “EEA national” means a national of an EEA State who is not also a United Kingdom national. (regulation 2, as amended)

I am confused because this contradicts the information on the UKBA website:

http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/

"If you are a British citizen, you cannot ordinarily rely on the provisions of European law to bring your non-European family members to the UK. Instead, you should seek permission under the British Immigration Rules for those family members to enter and remain in the UK. See the Partners and families section for more information

However, the European Court of Justice held in Case C-370/90 that British citizens can rely on European law in circumstances where they are returning to the UK in order to work or settle here in a self-sufficient capacity after working in another European Union state. In these circumstances, the returning British citizen has the right to be accompanied by his or her husband, wife or civil partner, if they have previously been living together in the other European Union state."

I hope you can help me as the 2012 amendment has left me quite confused, and one of the main reasons that I have accepted this job in Spain is so that my husband can enter the UK as the non-EEA spouse of an EEA national when my contract ends.


Thanks

P.S. For the Spanish visa they only want our marriage certificate and my passport

Hello SamPam and All, does this means that a British Citizen exercising the treaty right say, in Spain cannot visit the UK with the family member say the spouse, but can only benefit from the EU Law only if the British Citizen and the family member are returning back to the UK?

Hi, I'm not sure about visiting I'm afraid- I've only researched about exercising treaty rights in the UK when returning to settle.

My husband has the UK family visa (valid for 2 years, with a maximum stay of 6 months per visit) from a previous trip.

Good luck in finding the information you need

SamPam wrote:So, according to The Immigration (European Economic Area) (Amendment) Regulations 2012 does it mean that I (a British passport holder) cannot exercise treaty rights for my non-EEA husband after living together and working in Spain for nine months?

Quote: “EEA national” means a national of an EEA State who is not also a United Kingdom national. (regulation 2, as amended)

I am confused because this contradicts the information on the UKBA website:

http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/

"If you are a British citizen, you cannot ordinarily rely on the provisions of European law to bring your non-European family members to the UK. Instead, you should seek permission under the British Immigration Rules for those family members to enter and remain in the UK. See the Partners and families section for more information

However, the European Court of Justice held in Case C-370/90 that British citizens can rely on European law in circumstances where they are returning to the UK in order to work or settle here in a self-sufficient capacity after working in another European Union state. In these circumstances, the returning British citizen has the right to be accompanied by his or her husband, wife or civil partner, if they have previously been living together in the other European Union state."

I hope you can help me as the 2012 amendment has left me quite confused, and one of the main reasons that I have accepted this job in Spain is so that my husband can enter the UK as the non-EEA spouse of an EEA national when my contract ends.


Thanks

P.S. For the Spanish visa they only want our marriage certificate and my passport

There is a distinction between those who have exercised treaty rights in another member state before returning (like you intend to do) and those who hold British citizenship and another EU citizenship, but have never excercised their freedom of movement (does not appear to apply to you).

Your situation will not be affected by the 2012 amendments.