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Is a British Citizen also an EEA citizen?
Posted: Fri Mar 04, 2011 5:11 pm
by Graham Weifang
Hello all,
What a mess this immigration stuff is.
I am UK born, and have UK passport.
In the back of my passport, it says BRITISH CITIZEN.
As the UK is also in the EEA, am I aslo an EEA CITIZEN?
If I went to live in Denmark for example, am I then a EEA citizen, or am I always a BRITISH CITIZEN, first and foremost.
I am looking to bring my non EEA wife back to UK, by way of the non EEA route, as per 2004/38/EC
Thanks
Weifang
Posted: Fri Mar 04, 2011 7:33 pm
by vinny
Re: Is a British Citizen also an EEA citizen?
Posted: Sat Mar 05, 2011 2:20 pm
by edinburgh
Graham Weifang wrote:Hello all,
What a mess this immigration stuff is.
I am UK born, and have UK passport.
In the back of my passport, it says BRITISH CITIZEN.
As the UK is also in the EEA, am I aslo an EEA CITIZEN?
If I went to live in Denmark for example, am I then a EEA citizen, or am I always a BRITISH CITIZEN, first and foremost.
I am looking to bring my non EEA wife back to UK, by way of the non EEA route, as per 2004/38/EC
Thanks
Weifang
Hiya
If you're a British citizen, then you're also an EEA citizen. This means that you can go to any EEA country and live there. However, some countries require you to register (i.e. to apply for a residence confirmation), and I believe Denmark is one of them. A good source of information is
http://europa.eu/eu-life/residence-rights/index_en.htm
you'd need to check with a relevant country if you need to register. all in all, as an eea citizen, you have a right of free movement.
Posted: Mon Mar 07, 2011 10:17 am
by Graham Weifang
Hi Edinburgh,
Thank you for taking the time to reply.
The reason I want to know is ( if I am also EEA resident, by the fact I am a UK CITIZEN) is this.
I am in China at the moment, and have a job offer in Denmark.
As I am UK Citizen, I have free right to live and work in Denmark.
Also, I believe it is not to difficult for me to bring my Chinese wife to any EEA country, ie, Denmark.
This is done and covered by regulation 2004/38/EC.
Family members of EU citizen.
http://eumovement.wordpress.com/2007/04 ... u-citizen/
I understand that when I arrive in Denmark, certainly if I will be staying more than 3 months, then I need register with police or city hall that " I AM HERE"
then give them my address.
Best to register as soon as possible though, then it's done then.
This then makes it quite easy for me to bring my Chinese wife with me, as we simply need to get a family permit, which should be given within 4 weeks at the Danish embassy in Beijing.
I was just wondering if any one else ever did this on the forum, and can give some "real life experience"
Graham
Posted: Mon Mar 07, 2011 10:44 am
by Kitty
Try this site for information about moving to Denmark:
http://www.nyidanmark.dk/en-us/coming_t ... _citizens/
Posted: Mon Mar 07, 2011 11:24 pm
by edinburgh
in theory, that is the way you should do things. however, i've read on the bbc news website
http://www.bbc.co.uk/news/world-europe-12366676 that denmark has become a bit picky about non-eea family members. great country, but be warned. here are the rules and regulations for eea citizens.
http://www.nyidanmark.dk/en-us/coming_t ... _citizens/
you're classed as a national of both the european union and european economic area, since the uk is in both, but the uk is not in schengen. denmark is in schengen, which means that your wife might possibly have to get a schengen visa as well if she travels on her own (and if she travels via amsterdam in the netherlands, which is in schengen, as well) - i'm not sure on that one, though, so you'd better find out! since you're an eu and eea national, you don't need a schengen visa.
Graham Weifang wrote:Hi Edinburgh,
Thank you for taking the time to reply.
The reason I want to know is ( if I am also EEA resident, by the fact I am a UK CITIZEN) is this.
I am in China at the moment, and have a job offer in Denmark.
As I am UK Citizen, I have free right to live and work in Denmark.
Also, I believe it is not to difficult for me to bring my Chinese wife to any EEA country, ie, Denmark.
This is done and covered by regulation 2004/38/EC.
Family members of EU citizen.
http://eumovement.wordpress.com/2007/04 ... u-citizen/
I understand that when I arrive in Denmark, certainly if I will be staying more than 3 months, then I need register with police or city hall that " I AM HERE"
then give them my address.
Best to register as soon as possible though, then it's done then.
This then makes it quite easy for me to bring my Chinese wife with me, as we simply need to get a family permit, which should be given within 4 weeks at the Danish embassy in Beijing.
I was just wondering if any one else ever did this on the forum, and can give some "real life experience"
Graham
Posted: Tue Mar 08, 2011 2:03 am
by Directive/2004/38/EC
Graham Weifang,
Your plan sounds pretty straight forward. You and your non-EU family members can go on vacation, or can move to Denmark. Once there you need to find a job within 3 months. You should then immediately apply for a Residence Card for your spouse.
If you have any problem with the Danish embassy let us know. You can also plan to fly to Gemany first and so go for a Germany Schengen visa. They may be more professional and easier than the Danish embassy. Plus the flight may be cheaper. You could then take the train to Denmark and proceed as discussed.
Posted: Wed Mar 09, 2011 5:01 pm
by Graham Weifang
.
Vinny,
You sir have earned great respect,
Thank you.
Posted: Wed Mar 09, 2011 5:03 pm
by Graham Weifang
Directive/2004/38/EC wrote:Graham Weifang,
Your plan sounds pretty straight forward. You and your non-EU family members can go on vacation, or can move to Denmark. Once there you need to find a job within 3 months. You should then immediately apply for a Residence Card for your spouse.
If you have any problem with the Danish embassy let us know. You can also plan to fly to Gemany first and so go for a Germany Schengen visa. They may be more professional and easier than the Danish embassy. Plus the flight may be cheaper. You could then take the train to Denmark and proceed as discussed.
.
.
I can see you are not called Guru for nothing.
Excellent posting sir.
GW
Posted: Thu Mar 10, 2011 7:45 am
by fysicus
Graham Weifang wrote:This then makes it quite easy for me to bring my Chinese wife with me, as we simply need to get a family permit, which should be given within 4 weeks at the Danish embassy in Beijing.
A family permit is a UK specific entry clearance (
EEA Family Permit in full). For other countries there are different requirements. For Schengencountries (such as Denmark, Germany, Netherlands, Norway, etc.) a Chinese national needs a Schengenvisa. With a Schengenvisa issued by one country you can visit all other Schengencountries as well. For your wife (as a family member of an EEA national) there are additional privileges: the Schengenvisa must be issued free of charge via an accelerated procedure. She is also exempt from the requirement to have travel insurance.
In fact, based on a ruling by the ECJ (Brax arrest) she could even enter without a visa, if you travel together and have extensive other documentation about your marriage, but I wouldn't try this unless there is no alternative.
Posted: Thu Mar 10, 2011 10:49 am
by fysicus
The issues that are referred to in the BBC article have nothing to do with Graham's situation. Graham and his wife are covered by the powerful EU-directive 2004/38. Danish national immigration laws only apply to non-EEA family members of Danish nationals or immigrants with no EEA connections whatsoever.
Posted: Fri Mar 11, 2011 4:34 am
by Graham Weifang
Hello fysicus,
This powerful EU-directive 2004/38 is really mind blowing.
A lot of the work I do, is in Norway.
So I will consoladate my effort to pick up a new contract in Norway, last contract was over a year long.
Then it looks quite strait forward to bring my Chinese wife to Norway, quoting EU-directive 2004/38.
We should apply in Norway embassy in Beijing for her "shengen visa" which should " must" be issued free of charge via an accelerated procedure.
Then after or during a period of not more than 3 months, we apply for an EEA Family Permit.
Then when that Norway work contract finishes, we should be OK to move to UK.
Thats how I am starting to understand it. Correct ??
Graham
Posted: Fri Mar 11, 2011 7:23 am
by fysicus
Yes, as a summary that is correct except for one point:
within three months of your wife arriving in Norway, she should apply for a Norwegian residence card.
The EEA family permit is a UK specific thing, you should apply for that (at the British embassy) when you are ready to move to the UK, so near the end of your contract in Norway. You will also need it when you want to visit UK with your wife during your time in Norway.
From a practical point of view: be prepared that from time to time you may encounter government officials or airline staff who are not fully aware of the privileges granted by Directive 2004/38 (even though it is in force for almost five years now).
Posted: Fri Mar 11, 2011 11:01 am
by Directive/2004/38/EC
fysicus wrote:within three months of your wife arriving in Norway, she should apply for a Norwegian residence card.
I would tend to call it a "Residence Card" for a family member of an EU citizen (issued by the Norwegian govt).
Note that you can usually apply for it as soon as you (the EU citizen) have a job in the country and you are resident there.