Page 1 of 1

HOW DO I GET EEA STATUS (I am a UK citizen)?

Posted: Sun Nov 25, 2012 2:09 am
by hip999
I am a UK citizen by birth and I am totally fed up with onerous Visa requirements for bringing a non-EU partner and her child into the UK and I want to have the same rights as EEA citizens (which I SHOULD have in MY OWN country!).
So is it as simple as residing in another EU country for a period of time (I think I once read 6 months) for me to then have the same rights of free movement as EEA citizens? I don't need to work there as I have sufficient means.
And does anyone know which EU countries my non-EU unmarried partner would best be able to gain entry into with me (i.e. without undergoing complex Visa processes)?
And would being married to my partner (but without a UK marriage Visa) be an advantage?
If we lived there for 6 months (or whatever period is required) then would I simply be able to bring my spouse into the UK without any Visa requirement?
And would i then be able to bring her daughter (currently residing in my partner's non-EU country and having a father there) into the UK without any Visa requirements as i would have EEA free movement rights?
Finally, could I even find an EU country which would accept my partner (perhaps as my spouse) AND her child to live there with me without too great a Visa burden for both of them? Then we could all live together in that EU country for 6 months before walking back into the UK with no Visa hassles.
Very grateful for any informed replies.

Re: HOW DO I GET EEA STATUS (I am a UK citizen)?

Posted: Sun Nov 25, 2012 8:18 am
by Lucapooka
hip999 wrote:I don't need to work there as I have sufficient means.
Unfortunately, you would need to work (employed or self-employed). That is the fundamental requirement of this particular immigration path.

Posted: Sun Nov 25, 2012 8:21 am
by fysicus
Basically, the answer to all your questions is yes.

However, even with most of the legal hurdles removed or significantly lowered, don't underestimate the practical issues.

The visa hassles are not totally gone, but the relevant visas are free of charge and cannot be refused in normal circumstances, both for the EU country of your choice, and for your final return to the UK (in the latter case you will need an EEA Family Permit for your wife and her daughter).

And yes, things get easier if you are married and if the daughter lives with you from as early as possible. Also, having a job (even if you don't need it apparently from a financial point of view) there will make most procedures easier. You have to avoid giving the impression that you are doing this purely to avoid the national immigration laws.

Posted: Sun Nov 25, 2012 9:10 am
by Jambo
fysicus wrote:You have to avoid giving the impression that you are doing this purely to avoid the national immigration laws.
This doesn't matter and will not affect using this route.

See EUN2.14 Can family members of British citizens qualify for an EEA family permit? ('Surinder Singh' cases).

Posted: Sun Nov 25, 2012 9:26 am
by Lucapooka
and let's not overlook the important aspect of this is with regard to retuning to the UK rather than living in another EU state.

However, where an EEA national has exercised a treaty right in another Member State as a worker or self-employed and they wish to return to their own State having exercised that right, certain provisions may apply in order for their non-EEA family members to qualify under the EEA Regulations

The OP suggests he will be self-sufficient, which will not be acceptable.