Immigrationboards.com

To all,

I feel I have missed something glaringly obvious, but clearly I am not able to work out what it is, hence the reason for the following question.

I am a British Citizen living and working in Saudi Arabia. My wife is Thai and we have been married for 4 years. We wish to come to the UK next May (at the same time on the same flight), and I believe I can apply for an EEA family permit. This will be done online whilst I am here in Saudi.

After reading through the GOV.UK website on the EEA family permit I feel confident that this is the correct 'visa', but I convinced myself it wasn't over the last few months due to reading about the '18,000' and that I had to have a job in the UK lined up before I arrived. I believed that I would need to follow the Surinder Singh route and was genuinely worried that is was more trouble that it was worth.

However, after revisiting the GOV.UK website today, I realised that perhaps I had overreacted. I am not a stupid individual, but this whole process has got me second guessing myself, so I am asking for help.

Question
1- Is it as simple as just applying for an EEA family permit and getting that before we travel back to the UK?

Thanks in advance

No.

Saudi Arabia is not part of the EEA.

As a British citizen, you can not exercise treaty rights in the UK. You can only exercise treaty rights in an EEA country of which you are not a citizen.

Hence you are ineligible for an EEA family permit. You will need to apply for a Family of a settled person visa under the UK Immigration Rules.

If you wish to go down the EEA route, you will have to go through the Surinder Singh route.

Edit: Beaten to the post by Vinny

Blyboy wrote:To all,

I feel I have missed something glaringly obvious, but clearly I am not able to work out what it is, hence the reason for the following question.

I am a British Citizen living and working in Saudi Arabia. My wife is Thai and we have been married for 4 years. We wish to come to the UK next May (at the same time on the same flight), and I believe I can apply for an EEA family permit. This will be done online whilst I am here in Saudi.

After reading through the GOV.UK website on the EEA family permit I feel confident that this is the correct 'visa', but I convinced myself it wasn't over the last few months due to reading about the '18,000' and that I had to have a job in the UK lined up before I arrived. I believed that I would need to follow the Surinder Singh route and was genuinely worried that is was more trouble that it was worth.

However, after revisiting the GOV.UK website today, I realised that perhaps I had overreacted. I am not a stupid individual, but this whole process has got me second guessing myself, so I am asking for help.

Question
1- Is it as simple as just applying for an EEA family permit and getting that before we travel back to the UK?

Thanks in advance

Fraid not, EEA Family Permit is not available you you unless you are moving to another EU other than your own, which you have said you aren't. In any case EEA Family Permit is the UK term, other states have their own terminology.

You need to have been earning £18,600 or more over the last 6 months, AND have a similar job lined up in UK, or have £62,500 is savings (for six months).

Blyboy wrote:To all,

I feel I have missed something glaringly obvious, but clearly I am not able to work out what it is, hence the reason for the following question.

I am a British Citizen living and working in Saudi Arabia. My wife is Thai and we have been married for 4 years. We wish to come to the UK next May (at the same time on the same flight), and I believe I can apply for an EEA family permit. This will be done online whilst I am here in Saudi.

...

Question
1- Is it as simple as just applying for an EEA family permit and getting that before we travel back to the UK?

Thanks in advance

No. It is not that easy.

To operate under EU rules you would need to go via Surinder Singh route (ie shift your joint centre of life to an EU country other than UK for a period of time).
This would result in you as a BC then being treated as an EEA national & so able to leverage free movement & treaty rights.

Currently under UK law you are only a BC and not considered to be an EEA national (even though UK is, currently, in EU/EEA).

If you are not considering this route (& it is not straightforward nor 100% guaranteed) then you will have to operate under UK Immigration Regulations;
(spouse visa, FLR, ILR & etc).

Yes, I read about all this a few months ago and found myself amazed at how much effort if was going to be, but after revisiting it today and reading the EEA family permit information on the GOV.UK website I thought I had overreacted......how disappointed I am

Anyway, thanks for all for 'unfortunately' clearing up the confusion

noajthan

This is the confusion

Currently under UK law you are only a BC and not considered to be an EEA national (even though UK is, currently, in EU/EEA).


Thanks for clearing that up. Now I understand.

Thanks all others

Blyboy wrote:Yes, I read about all this a few months ago and found myself amazed at how much effort if was going to be, but after revisiting it today and reading the EEA family permit information on the GOV.UK website I thought I had overreacted......how disappointed I am

Anyway, thanks for all for 'unfortunately' clearing up the confusion

Sadly British citizens (myself included) appear to get the fuzzy end of the lollipop in terms of UK immigration/migration (when compared to our EEA brethren).
This is the legal framework in which we have to make our way simply to get on with our regular domestic, family lives.

Whilst I have you all here:

Two more additional questions, If I may.

1- The directive 2004/38/EC is what all this is about, correct? I want to make sure I am as 'primed' as possible before I make the journey next year.


2- Would it be possible to, after living in Ireland for about 3 months, to apply for my wife's EEA permit at the British Embassy?

I know there was one poster on here who relayed details of a successful entry through Ireland, but was wondering if you could get an EEA family permit first, as opposed to just turning up at the UK border.

I know this may sound basic and like I haven't read anything, but I really am confused after all this

Thanks for your help

Blyboy wrote:Whilst I have you all here:

Two more additional questions, If I may.

1- The directive 2004/38/EC is what all this is about, correct? I want to make sure I am as 'primed' as possible before I make the journey next year.


2- Would it be possible to, after living in Ireland for about 3 months, to apply for my wife's EEA permit at the British Embassy?

I know there was one poster on here who relayed details of a successful entry through Ireland, but was wondering if you could get an EEA family permit first, as opposed to just turning up at the UK border.

I know this may sound basic and like I haven't read anything, but I really am confused after all this

Thanks for your help

1. Yes

2. Well, UK is tightening up on this, citing it as 'circumventing the immigration rules' which it is being honest. However it is legal but.... Also 3 months is too short under current conditions, some will say 6, 9 I'd go for 12 because I am risk averse. 6 is probably the minimum since this is the minimum property lease term you need to show you've 'shifted your centre of life'.

Personally I feel this door will be largely shut in a 6-9 months but YMMV....

Wanderer wrote:

Blyboy wrote:Whilst I have you all here:

Two more additional questions, If I may.

1- The directive 2004/38/EC is what all this is about, correct? I want to make sure I am as 'primed' as possible before I make the journey next year.


2- Would it be possible to, after living in Ireland for about 3 months, to apply for my wife's EEA permit at the British Embassy?

I know there was one poster on here who relayed details of a successful entry through Ireland, but was wondering if you could get an EEA family permit first, as opposed to just turning up at the UK border.

I know this may sound basic and like I haven't read anything, but I really am confused after all this

Thanks for your help

1. Yes

2. Well, UK is tightening up on this, citing it as 'circumventing the immigration rules' which it is being honest. However it is legal but.... Also 3 months is too short under current conditions, some will say 6, 9 I'd go for 12 because I am risk averse. 6 is probably the minimum since this is the minimum property lease term you need to show you've 'shifted your centre of life'.

Personally I feel this door will be largely shut in a 6-9 months but YMMV....

Thanks very much for the help!

Wanderer has made a valid point about the rental term. A forum member was recently refused under SS due to landlord checks in Ireland showing that the couple had asked for a short lease of under 6 months. This showed that they had no intention to 'move the centre of their life' to an EU state, but pre-planned a return to the UK under Surinder Singh, thereby 'circumventing the Immigration rules'.

Casa wrote:Wanderer has made a valid point about the rental term. A forum member was recently refused under SS due to landlord checks in Ireland showing that the couple had asked for a short lease of under 6 months. This showed that they had no intention to 'move the centre of their life' to an EU state, but pre-planned a return to the UK under Surinder Singh, thereby 'circumventing the Immigration rules'.

Since UKVI increased their powers and common sense investigating everything immigration-wise has become a game of cat and mouse.