Visiting UK with 4EUFAM

[Mr. Ali]

Hi All

I am a Non EEA National and spouse of a British National. Currently living in Ireland and hold 4EuFam issued in 2009 for a period of 5 years. My daughter was born in UK after the approval of my 4EuFam card. My wife has been moved back to UK as she feels more comfortable living in UK. Is there any advice regarding visiting my family in UK as i don't have any British visa. Do i need to get one or i can visit them with my 4EuFam card as according to Directive 2004/38/EC you don't need a visa if you are joining your spouse in any EU member state.

I would further like to know how can i get a permanent family visa to live in UK? As my case is very similar to "Surinder Singh" Case.

Any suggestion appreciated
Thanks

[Ben]

Hi Mr. Ali,

Please confirm - does your wife live in the UK with your daughter while you remain living in Ireland?

When did your wife cease to be resident in Ireland?

For how long are you married and living in Ireland as the spouse of a UK national (date of issuance with the Stamp 4 EUFam card is irrelevant).

[Mr. Ali]

Yes She is living in UK with my Daughter while i am here in Ireland.

We have been married and living together for more than a year.

At the start of 2010 she ceased to live here.

[Ben]

Yes She is living in UK with my Daughter while i am here in Ireland.

We have been married and living together for more than a year.

At the start of 2010 she ceased to live here.

Then your right to reside in Ireland has also ceased and your Stamp 4 EUFam Residence Card is rendered invalid.

I don't understand why your wife and child moved to the UK six months ago without you, leaving you now living illegally in a different country.

Should you wish to move to the UK to join your wife, you may be able to benefit from the ECJ ruling on Singh.

Was your wife engaged in economic activity in Ireland for more than six months, prior to her moving back to the UK?

Is she now engaged in economic activity in the UK?

[Mr. Ali]

She was self employed and employed for few months.

No she is not engaged in any sort of economic activity in UK.

[Ben]

She was self employed and employed for few months.

No she is not engaged in any sort of economic activity in UK.

The UK normally requires that the UK national was engaged in economic activity for at least six months in another Member State in order for the provisions of Singh to apply.

You may have to apply for a Spouse Visa under the Immigration Rules.

[Mr. Ali]

She was engaged working here for more than 6 months.

[Ben]

She was engaged working here for more than 6 months.

Ok, well then Singh may apply. It is controversial, but the UK requires that the returning UK national is also engaged in economic activity in the UK after the initial three months of their return.

Would your wife be able to get a job?

[Mr. Ali]

It wouldn't be a problem for her

[Ben]

It wouldn't be a problem for her

Then I would recommend proceeding in this order:

1. Your wife gets a job in the UK.
2. You apply to the British embassy in Dublin for an EEA Family Permit.
3. Enter the UK.
4. Apply for a "Residence card of a family member of a Union citizen using form EEA2.

[Mr. Ali]

Thank you so much for your time and support.

But still there is one thing that i don't understand is, Do i have to apply again for the same Residence card which i already have?

I know its an irish version of Residence Card (4 EUFAM) but its the same thing.

And what is the difference between EEA family Permit and Residence Card?

[Ben]

The Residence Card you have currently was issued by the Irish authorities on the basis that you were resident in Ireland in conformity with EU Directive 2004/38/EC and with the Irish transposition of same. Your right to reside in this capacity ceased when your UK national spouse ceased to reside in Ireland. Your Stamp 4 EUFam Residence Card is therefore invalid.

An EEA Family Permit is a form of entry clearance (visa) to aid entry to the UK of a person entitled to reside in the UK in accordance with the Directive and with the UK transposition of same. An EEA FP is valid for six months.

Tip: - I assume that your wife is resident in Britain and not in Northern Ireland. You may be able to avoid having to obtain an EEA FP by entering the UK over land (from Ireland to Northern Ireland). Your entry in this manner would be lawful, since you would be entering the UK in order to join your spouse who is resident in accordance with the Directive and with the UK transposition of same. From Northern Ireland, fly or take the ferry to Britain. No visa (or even passport) would be required.

Once in Britain, application for a "Residence card of a family member of Union citizen" using form EEA2 is optional, but recommended. It will aid your travelling throughout the EEA / Switzerland as well when returning to the UK.

[Mr. Ali]

Yes she is in Britian.

How would i be able to apply for "Residence Card Using EEA2" when my entry in UK wouldn't be Legal.

Would it not be problem for me to apply for it when living in there illegally?

[Ben]

Yes she is in Britian.

How would i be able to apply for "Residence Card Using EEA2" when my entry in UK wouldn't be Legal.

Would it not be problem for me to apply for it when living in there illegally?

Entry in to the UK wouldn't be legal? Living there illegally?

Where did you get that from?

[Mr. Ali]

Because i don't have any sort of British Visa.....

[Ben]

Because i don't have any sort of British Visa.....

You don't need one.

As I mentioned above..

You can enter the UK over land (from Ireland to Northern Ireland). Your entry in this manner would be lawful, since you would be entering the UK in order to join your spouse who is resident in accordance with the Directive and with the UK transposition of same. From Northern Ireland, fly or take the ferry to Britain. No visa (or even passport) would be required.

[Mr. Ali]

Thanks alot for all your help