EEA Family Permit through French Wife. advice needed :)

[Rajen7]

Hi all.

Before I put my question let me give u a background information about my case.

I am a Sri Lankan Citizen living in Sri Lanka. I am planning to marry my French Girl next year after 5 years of relationship( She also was a Sri Lankan, now she is French ) . I have been studding in UK for 4 and a half years from 2002 to 2007 and completed my BA degree in UK, then I moved back to Sri Lanka . I met her when I was in UK during my University period. I have visited France 4 times to meet her when I was in UK. and she has come to see me 4 times when I was in Sri Lanka.
anyway After 5 years of relationship now we are planning to get marry next year in Sri Lanka , and move to France.

So these days im looking into possibilities in living in France and other European countries after I moved to France. I want to live at least 1 year in France and then rubbish to UK to work or further continue my studies.

I know that I can move to UK , through t the Treaty rights that my future wife has as a EU citizen.

My question is,

Dose my wife have to be in UK on employment, self-employment, study, self-sufficient, etc before she can bring me to UK ?

or

Can I travel together to UK with my wife using a EEA family permit at the same time.

What is your best advice ?

Thanks all .

[vinny]

Can I travel together to UK with my wife using a EEA family permit at the same time.

Yes. Initial right of residence.

[Rajen7]

Can I travel together to UK with my wife using a EEA family permit at the same time.

Yes. Initial right of residence.

To get a EEA Family Permit do i need to travel back to Sri Lanka, to apply from the British embassy in Sri Lanka? or can I get it from the British embassy in Paris ?

[86ti]

I think this document should answer almost all of your questions.

[Rajen7]

I think this document should answer almost all of your questions.

hi 86ti,
Thanks for that link. Really appreciated.

What is the simple meaninig of this para?

The ECJ judgement on Metock in July 2008 prohibited Member States from having a general requirement for third country national spouses of EEA nationals to be lawfully resident in another EEA member state before they can benefit from a right to reside under the EU Free Movement of Persons Directive. Therefore, we can no longer apply the lawful residence requirement (which was based on the case of Akrich) or our own domestic legislation (the Immigration Rules) to family members seeking first admission to the EEA from outside the EEA.

Thanks

[Rajen7]

I think this document should answer almost all of your questions.

hi 86ti,
Thanks for that link. Really appreciated.

What is the simple meaninig of this para?

The ECJ judgement on Metock in July 2008 prohibited Member States from having a general requirement for third country national spouses of EEA nationals to be lawfully resident in another EEA member state before they can benefit from a right to reside under the EU Free Movement of Persons Directive. Therefore, we can no longer apply the lawful residence requirement (which was based on the case of Akrich) or our own domestic legislation (the Immigration Rules) to family members seeking first admission to the EEA from outside the EEA.

Thanks

Dose this mean a spouse of a EU citizen need to be lawfully reside in EU to apply for family permint ?
and u are cannot apply from outside EU ?

[86ti]

It means exactly what is written there.

The ECJ judgement on Metock in July 2008 prohibited Member States from having a general requirement for third country national spouses of EEA nationals to be lawfully resident in another EEA member state before they can benefit from a right to reside under the EU Free Movement of Persons Directive. Therefore, we can no longer apply the lawful residence requirement (which was based on the case of Akrich) or our own domestic legislation (the Immigration Rules) to family members seeking first admission to the EEA from outside the EEA.

See also EUN2.2.

[Rajen7]

It means exactly what is written there.

The ECJ judgement on Metock in July 2008 prohibited Member States from having a general requirement for third country national spouses of EEA nationals to be lawfully resident in another EEA member state before they can benefit from a right to reside under the EU Free Movement of Persons Directive. Therefore, we can no longer apply the lawful residence requirement (which was based on the case of Akrich) or our own domestic legislation (the Immigration Rules) to family members seeking first admission to the EEA from outside the EEA.

See also EUN2.2.

Is there any possibility to join with my wife, when she is going to UK to look for a job ?

[86ti]

Is there any possibility to join with my wife, when she is going to UK to look for a job ?

I think that has been answered by vinny already and as I see now with actually two links.