EEA family member residence permit

[gaurjai]

Guys,

Need your inputs. Please advise.

I was on ILR when I got married in 2013 and my wife received spouse visa till Sep 2016 and entered UK in Mar 2014. Since then we are living together. I became British citizen in Apr 2015. She is still Indian citizen.

I am now thinking of applying EEA family member residence permit for her as it will help in travelling around EU without any need to prior visa for her.

So want to know if it's possible for her and what are the implications of doing that? Would it have any impact on her status in this country?

Any feedback from people who have done this in past?

Many thanks

[noajthan]

Guys,

Need your inputs. Please advise.

I was on ILR when I got married in 2013 and my wife received spouse visa till Sep 2016 and entered UK in Mar 2014. Since then we are living together. I became British citizen in Apr 2015. She is still Indian citizen.

I am now thinking of applying EEA family member residence permit for her as it will help in travelling around EU without any need to prior visa for her.

So want to know if it's possible for her and what are the implications of doing that? Would it have any impact on her status in this country?

Any feedback from people who have done this in past?

Many thanks

As you advise

I became British citizen

you are not considered by HO to be an EEA national;
(regardless of whether or not you were previously an EEA national).

So EEA immigration route / documentation & etc is not an immediate option.

[gaurjai]

Thanks a lot for response.

So that means UK citizens are not considered as EEA national.

[secret.simon]

So that means UK citizens are not considered as EEA national.

UK nationals are not EEA nationals within the UK. Likewise, German nationals within Germany, French citizens within France, etc.

UK nationals are EU citizens if there is a relevant law that applies to EU citizens within their own countries, but generally the rule is that you can only exercise EU treaty rights (on which immigration and visas are based) in another EEA country of which you are not a citizen.

So, a Polish-British citizen can exercise EU treaty rights in Germany, France and all other EU countries but Poland and the UK.

If she is traveling with you or to meet you in any country within the EU but the UK, your spouse is entitled to a free and accelerated visa to that EU country/ies.

You could look into applying via the Surinder Singh Route, but firstly it would require you to move to another EEA country, with your whole family, for atleast three months and prove that "the center of your life" had moved to the other EEA country. When you then move back, your wife can come back under EU law. That will reset her clock to five years from when you return from the EEA country back to the UK.

[gaurjai]

Fantastic. Many thanks for detailed response. EEA national funda is now cleared in my head.

Don't want to move to another EU country so I will continue with schengen visa for her.

Thanks.