Non EEA - who has residence card in Greece

[fran]

I need some information on how to get my partner to the uk. We met in greece but his nationality is Albanian, He has been living in Greece legally for almost 10 years. If he has a perment residence to live and work permit can he travel to the uk without a visa?

If not,can you suggest another way please. We met in summer 2007 and since then i have been travelling back and forward I did move there for a few months and have a child with him in dec 2008. Since the child was 3 months then I have been travelling back and forward. Currently do not have a job due to looking after my child.

Any advice would be very helpfull.

Thanks. Fran

[John]

fran, your nationality? Are you British? Or EEA? If not EEA, what is your UK immigration status?

[fran]

Hi John

I am british. Also Have been told by the embassy it does not matter if he has visa or residency to reside in greece he still needs a visa. So I suppose the question is which visa can he apply for Vaf5 EEu Family? OR do I need to hold a job down for a few months then get him to apply. Oh yeah and we are not married! But does having a child together not count?

Sorry so many questions but I really need help.

Thanks

Fran

[Directive/2004/38/EC]

Fran,

As a British citizen, normally UK law would apply if you wanted to bring your partner to the UK.

But, if you have been working outside of the UK (most likely in Greece), then EU law would apply on your return to the UK. Have you worked in Greece recently or at all?

[fran]

Hi

I have not been working in either country but if thats is whats required then I will stay in greece and wrk. I am assuming that it would be easier to get the visa if applying for family permit..

Can you tell me how long I wd need to work in Greece?

Also how would I need to prove this? Or would I only need to prove that i had been back in the uk and wrking?

Wot documents would I need to provide?


I just need to know the best way to do this and quickest.

Many thanks again

Fran

[Plum70]

The UK requires 6 months of exercising treaty rights in an EU country.

Payslips, bank statements showing in-coming salary, employment letter, tax returns...

[Directive/2004/38/EC]

Fran,

Are you married to your partner?

If not, do you have a long documentation history that shows you have been living together?

[John]

The UK requires 6 months of exercising treaty rights in an EU country.

That is no longer the case. The UK now accept that the terms of the Surinder Singh judgement do not specify any particular minimum time for exercising Treaty Rights in another EU country.

But it does need to be appreciated that the terms of the Surinder Singh judgement are quite clear. That is, the Treaty Rights must be being exercised in an economic way, either being employed or self-employed. Exercising Treaty Rights as a student or as a self-sufficient person does not permit use of the Surinder Singh route.

[Obie]

That is no longer the case. The UK now accept that the terms of the Surinder Singh judgement do not specify any particular minimum time for exercising Treaty Rights in another EU country.

Can you kindly provide the source or link indicating this change in policy.

In this link, the then secretary of state stated the need for at least 6 months to have been spent in another memberstate.