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Spouse visa versus EEA residence card

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onewholechicken
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Spouse visa versus EEA residence card

Post by onewholechicken » Fri Mar 29, 2019 1:07 pm

I am an Australian citizen and have lived in the UK with my wife, who is British by birth, and our two children since June 2016. I am here on a Spouse/Partner Leave to Remain visa that cost me £2000 (when including with the Immigration Health Surcharge) for an initial 30 month period and a further £2000 in March 2019 to reapply for a further 30 months.

I have just discovered that a work colleague, who is from Cuba and married to a Greek citizen, is here on a EEA Residence card, which cost £65 and lasts for five years.

I understand that one is a British visa and the other is an EU issued card. But both allow rights of abode, work and access to the NHS. Given the spouse visa costs substantially more and lasts for half the time, what are the differences between the two (assuming there is no change in movement entitlements post Brexit)?

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CR001
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Re: Spouse visa versus EEA residence card

Post by CR001 » Fri Mar 29, 2019 1:17 pm

A spouse visa is issued under the domestic UK immigration Rules.

An EEA Residence Card is (not mandatory) and issued under the EEA/EU rules/regulations, providing the EU citizen (non British) is a qualified person exercising treaty rights (free movement).

A British citizen cannot sponsor a spouse on the EEA route in the UK if they have not lived in an EU state (not UK) and exercised treaty rights in the EU state for a period of time with their spouse.
Char (CR001 not Casa)
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