Family Permit if I am from EU, but not living in UK

[Keysee]

Hello,

To start, I'm Polish citizen (27y/o) who will very soon marry Tunisian woman (28y/o). We are in reletionship for 1 year now. We are getting married in one month and are planing to move to UK after. We are both highly educated (me-engineer, she-dentist). Question what chances are that my current fiance will get family permit visa?

We met on on October 2017. After that I came back to Poland for 3 months. Since then we spoke everyday on Messanger, including everyday videocalls (which screenshots we can provide as prove). By the end of December 2017 I moved to Tunisia to join her. We lived for 3 months together in one flat (we dont have contract of renting thou, but we have photos and screenshots of conversations proving that we are living there together). Then we moved to my fiance hometown, capital Tunis, where she lived at her parents house and me, I rented flat. During that time we constantly were texting and calling on messanger (which we, of course, can prove) and meeting everyday. I don't have to mention that those conversations include thousands of declarations of love etc. We have hundreds of photos together, with friends and family. We will get married probably in December 2018 and make marriage party February 2019. Just after party we want to apply for visa for her.

Will this be enough for Home Office to consider our marrige not fake? Will it not be to early?

Another thing is that I will be still living in Tunisia while she will be applying for her Family Permit. Is it somehow making her chances lower to be granted? As far as I understood as my wife I will not have to prove dependancy for her, right?

We were sure that she will get visa without problem, but recently after reading few topics here, I started to have small doubts about it. Can you please, clarify my questions?

[Keysee]

Hello,

I have quick question because I'm getting confused. If I am EU citizen, I lived 2 years ago for 6 months in UK, but I am not anymore. We are planing to move to UK with my Non EEU wife on Family Permit Visa. Am I eligible to apply for visa to her? I'm not sure if I understand it correct.

"You must show that your EEA family member has a permanent right of residence or is one of the following if they’ve been in the UK for more than 3 months:

working, for example an employment contract, wage slips or a letter from an employer
self-employed (for example contracts, invoices or audited accounts with bank statements) and paying tax and National Insurance
studying, for example a letter from the school, college or university
financially independent, for example bank statements
"

But what if I am not having residency and I am living for less then 3 months (basicly not living there yet)?

[Keysee]

"Q3: Do I need to have a job in the UK before my family apply?

If you are just moving to the UK then – NO. You have 3 months of unrestricted residence and you don’t need to have a job or a place to live before you move.

If you have been living in the UK for more than 3 months already and your family is applying to join you, you will need to provide proof of exercising treaty rights. "[/i]

I found this in FAQ section. Is it still correct?

[Keysee]

Has anyone any answers to my questions?

[vinny]

I think still correct.

[vinny]

Where the applicant is accompanying the British citizen on a visit to the UK and can prove that they will only be visiting the UK, you do not need to ask for evidence that the British citizen is, or would be, a qualified person in the UK. This is because, if you are treating the British citizen as an EEA national, they are permitted an initial 3 months without condition, the same as any other EEA national.

Their old guidance was perhaps clearer.