Immigrationboards.com

Hi hopefully this is where I can get a clear and concise answer I have looked everywhere and now it's confusing me

I am a UK born citizens
My wife Hong Kong citizen

I do not make the 18600 a year requirement I'd need do overtime for a year straight for that and I'd probably die then

So I was looking at the EU residency card

How exactly can she apply for this, do I need to move abroad etc and give up my job. Can she just apply with me in the UK.

Thanks
J

Jartok wrote:Hi hopefully this is where I can get a clear and concise answer I have looked everywhere and now it's confusing me

...

So I was looking at the EU residency card

How exactly can she apply for this, do I need to move abroad etc and give up my job. Can she just apply with me in the UK.

Thanks
J

As a BC, to avail of EU rules you would need to opt for the Surinder Singh route.

This means moving your centre of life to another EU country, (with your wife joining you there). & living/working there for a while.

Note Only you, as sponsor, would have to work in this EU country of choice;
the point is you, as an EEA national, are enjoying the right of free movement and exercising treaty rights.

When you eventually return to UK (with your wife) you will then be treated as an EEA national and so operate under EU rules, even in the UK.
(You would keep your BC ofcourse).

Your wife would gain entry into UK as your dependent family member & so be able to apply for a RC etc.
(She would have the right to live, work, study in UK for as long as you are married to each other).

After 5 years residency in UK, your wife could apply for permanent residence (PR) which is a vital step on any journey towards the privilege of citizenship.

See a similar case which includes some information links:
http://www.immigrationboards.com/europe ... 96282.html

Hope that's clear & concise enough to get you started on the right path.

OK thanks for the information . I was reading the EU family permit is no longer required and you can enter for the EU residency card straight away. Have I got confused here

Thanks

Jartok wrote:OK thanks for the information . I was reading the EU family permit is no longer required and you can enter for the EU residency card straight away. Have I got confused here

Thanks

You may be thinking of Case C-202/13 McCarthy.

On 16 March 2015, the Immigration (European Economic Area) (Amendment) Regulation 2015 SI No 694 were laid before Parliament and will come into force on 6 April.

https://blogs.kent.ac.uk/eu-rights-clin ... april-2015

Anyway, aside from the eventual logistics of entering UK, in the first place it sounds like it's Surinder Singh you need to dig into & see if it can work for you.