UK Citizen returning to the UK with non-EEA wife

[pdftw]

I am a new poster on these boards, but have been browsing them for a while to try to get as much information as I can before asking my questions. Thank you all the contributors who post on here; these boards are a hugely valuable resource.

Maybe spending too much time reading these boards has confused me, but it seems to me that a UK citizen trying to return to live in the UK with his non-EEA wife actually can find it as difficult as someone from another EEA-country who wishes to settle there. I am here to seek some comments and opinions about our options.

My situation is this. I am British, but have been living in Taiwan for almost 4 years. My wife is Taiwanese and thus non-visa. We met in the UK in 2010 while she was studying. We got married in Taiwan a year and a half ago. I do not work here as I am studying for my PhD on a scholarship. We both wish to return to the UK together late this year, or early next year.

There is no way we can get a spouse visa as we will not meet the financial requirements (unless those change) because I am not working here and have no job to return to in the UK.

Another option is EEA Family Permit but ideally we do not wish to live and work in another country temporarily as a "6 month stopover" on our way to the UK. For one thing, there might be difficulties with my wife getting a visa to stay in the interim country long enough for us show we have "moved the centre of our life" there. We would not rule this option out completely however.

So, are we really left with getting on a plane and chancing a 1A Code stamp? Does this only apply to EEA-Nationals travelling to the UK, not UK citizens moving back with their non-EEA spouse though? Could this work if we flew from Taiwan to, for example, Amsterdam then got on a short-haul flight to the UK?

Anyone have any other opinions and thoughts? I realize only general advice can be given but we are exploring all options.

Thanks in advance.

[dalebutt]

You cannot avail of the EEA route if you, together with your spouse had not previously resided in another member state. Your wife getting a visa to stay with you in any member is rather not difficult as you pressumed, she has a right to stay with you for as long as you are there, so that is not an issue, choose whichever EU country you want to reside for your SS route, it's even more easier if she doesn't need an entry visa to the country, even if she does need one, she has a legitimate expectation to receive one.

Your wife cnnot receive code 1A at the border post, only people who qualify under the EEA regulation can receive code 1A. Your wife will only be eligible if you have done the SS route.

[pdftw]

Thank you dalebutt for the quick reply. As I thought, I have been reading too much and confusing myself!! So basically, our ONLY option is to do the Settled Status via an EEA country. Sounds reasonable.

[dalebutt]

Yes it is correct that, that is the only option available to you, if you do not meet the financial requirements under the immigration rules.

[Casa]

Bear in mind that you will need to be employed in an EU state and under the tougher rules for the SS route, 6 months may not be long enough to meet the conditions set.

[pdftw]

Thanks for the reply Casa.

Wherever we go, will probably stay a minimum of 6 months anyway because moving from Taiwan to Europe for a few weeks, then moving again would be too stressful.

[dalebutt]

Considering the recent reasoning of the CJEU in O B means, the changes to regulation 9 are not compatible with article 21 of the TFEU, I suspect there will be amendment to the regualtions again, that will reflect the decision of O B.

[pdftw]

This is one of the things I have noticed - regulations change not infrequently, so by the time we are ready to make a move the situation may have changed. That said, I doubt it will become any easier for us to return to the UK so we need to be quite flexible...

I really appreciate the updates.