EU national working in UK - now married to non-EU spouse.

[Anthony2]

Hi there,

My cousin from Spain has been working in the UK for nearly 2 years and recently got married in Pakistan to a Pakistani national.

He was asking me the question and originally I thought that he would have to apply for his wife to come to Spain first before they could both live together in the UK. After doing some research elsewhere and on this forum, it seems I was wrong.

Can anyone please confirm that he can just apply for his wife, or his wife apply to come direct to the UK?

All he needs to show is his Spanish nationality and proof of 3 months employment in the UK and marriage certificate?

Do they apply for a Family permit or a Residence card?

Would his Pakistani wife need to take an English language test and a TB test for the permit like they would if they were married to a British citizen?

They do not have to show a minimum income level of £18,600 or prove that they have adequate accommodation?

Apologies for probably asking questions that have been answered already. I couldn't believe how much better rights that EU nationals have in this regard. In exercising their treaty rights.

[Anthony2]

Or does his wife already have to be in the EU before he can apply for a Family permit/Residence card to join him in the UK?

I'm getting more confused now.

[dellledd911]

Hi Anthony!

I'm not an expert, but your brother and his wife doesn't need to travel or live in Spain to apply for EEA family member visa. Since your brother has been living in the UK for the past 2 years exercising his treaty, He can bring his wife to the UK as a dependent. And yes, she would need to take up an English test as a requirement for this.

[CR001]

Hi Anthony!

I'm not an expert, but your brother and his wife doesn't need to travel or live in Spain to apply for EEA family member visa. Since your brother has been living in the UK for the past 2 years exercising his treaty, He can bring his wife to the UK as a dependent. And yes, she would need to take up an English test as a requirement for this.

There is NO English requirement for EEA FM route applications!!

[dellledd911]

Thanks for the correction