US+EEA couple: right to transfer residency to home country?

[oviedo]

I am a US citizen married to a Norwegian and trying to figure out most efficient way of getting Norwegian residence papers.

We got married in Norway, but I have never been a resident there. We have both lived in the UK for the past two years - through her exercising the EEA freedom of movement rule to secure her spouse the right to live and work in the UK.

But at this point what is the best way for us to move to Norway? We can apply under her status as a Norwegian citizen, though this can take some times I have heard.

We have also been told that it is possible that since my wife has exercisied her "Treaty rights" to bring a non-EU spouse with her to another EU country, she can demand a residence visa for that same spouse in her own country upon return home ie bypassing the normal spousal immigration procedure each country has for foreign spouses of its own citizens, as of right.

Is this true - and if so, what is the correct mechanism/procedure for doing it?

[Directive/2004/38/EC]

http://www.udi.no/templates/Tema.aspx?id=7579

Your wife has a right to move back and you have a right to join her. Should be very straight forward.

[oviedo]

Thanks for the reply. However, that link apears to discuss the right to move in an EEA 3rd country national, rather than the right of the home citizen to return to home country with non-EU spouse.

Any additional info that could enlighten me? Thanks.

[John]

Oviedo, you need to apply at the Norwegian embassy in London for an EEA Family Permit. You are using the Surinder Singh principle to obtain that EEA Family Permit, that is, because your wife has been exercising her EEA/EU Treaty Rights in the UK for at least 6 months, you have the right to apply using that EEA/EU legislation.

Alternatively, using Norwegian immigration law, you could apply for a spouse visa ... but personally I have no information about that ... except this webpage has some information.

[oviedo]

I see. I have some info about the Norwegian spouse process, but it is this "Surinder Singh" principle that I am curious about. What are the pros and cons of it?

[John]

Because of the Surinder Singh principle you have the same Treaty rights as, for example, the spouse of a French or Spanish citizen now moving to Norway .... even though your spouse is Norwegian.

Pros? It is free to apply. Cons? You need to do your own research on the effect of any Norwegian Citizenship application you might want to make in the future.

[Directive/2004/38/EC]

You are eligible for European rules (Directive/2004/38/EC) because you are a family member of an EU citizen who has been exercising treaty rights by working in the UK. Entering under EU rules means the process should be fast and easy. You typically need to prove your married and that your spouse is an EU citizen or EEA citizen, and that is it. The Norwegian government is required to issue you entry for free and on the basis of an accelerated process. Typically you should be able to get the permission very quickly, e.g. same day. In the worst case, EU countries are required to deal with their formalities at the border when you show up.

Norwegian rules may be difficult or just as easy. They are not required to have different or more difficult rules for their own nationals, though some countries do. As another writer indicated, if you want Norwegian citizenship eventually, it may (or may not) make a difference which rules you arrived.

[Wanderer]

Hope I've not misunderstood but Norway isn't an EU country.

Sorry if I've got it wrong, possibly they are effectively EU by being EEA or whatever but it might have a bearing....

[Directive/2004/38/EC]

Norway and Iceland are part of the EEA (http://ec.europa.eu/comm/external_relat ... /index.htm). As such they implement legislation like Directive/2004/38/EC, even though they are not fully part of the EU itself.

[JAJ]

Pros? It is free to apply. Cons? You need to do your own research on the effect of any Norwegian Citizenship application you might want to make in the future.

One of the problems at the moment is that it's usually necessary to prove loss of former nationality in order to become a Norwegian citizen.
http://en.wikipedia.org/wiki/Norwegian_nationality_law

Formally renouncing US citizenship is a very serious step as it's generally not possible to get it back later on. Or get any automatic immigration benefits in the US. It also means that children born (outside US) after renunciation are not going to be American citizens either.

Because of Norway's strict nationality rules, others in the same situation might decide to stay in the United Kingdom long enough to become a British citizen, then move to Norway on a British passport.

Or alternatively - move to Sweden where dual citizenship has been allowed since 2001. Again, with a Swedish passport in x number of years, it would be possible to live freely in Norway without needing a visa.

[oviedo]

I spoke on the phone with the Norwegian UDI (Immigration) office in Oslo today and the person who answered my query claimed that this EU Directive/2004/38/EC) is not applicable because my wife is a Norwegian citizen and that I have to go through their normal process of applying.

So either the person doesnt know what they were talking about because it is an obscure circumstance for them (I cant imagine it happens often in a country of only 4 million citizens!) or there is some other barrier to the applicability of this directive, which seems to be pretty straighforward per the Surinder Singh case.

Does anyone know if there is some sort of European office for immigration which I can talk to to find out the exact channel by which to excercise this treaty right?

It would be ideal to avoid the Norwegian local spouse visa process because it is very lengthy and costs money, where as if I can do it the EU way it should be free and take no more than a day, as we did when moving to the UK together.

By the way Norwegian citizenship is not something I want in any case. I dont want to give up my US citizenship for many reasons. Also, Norwegian citizenship itself has severe tax disadvatages - even when you dont live there - and our plan is to move on from Noreay after a few years.

So that isnt my priority. I just want to find a quick and simple way to excercise this treaty right that my wife has available.

[Directive/2004/38/EC]

I spoke on the phone with the Norwegian UDI (Immigration) office in Oslo today and the person who answered my query claimed that this EU Directive/2004/38/EC) is not applicable because my wife is a Norwegian citizen and that I have to go through their normal process of applying.

So either the person doesnt know what they were talking about because it is an obscure circumstance for them (I cant imagine it happens often in a country of only 4 million citizens!) or there is some other barrier to the applicability of this directive, which seems to be pretty straight forward per the Surinder Singh case.

You might also check with the London embassy. If they handle visas locally, they will be more likely have experience with your type of situation.

Does anyone know if there is some sort of European office for immigration which I can talk to to find out the exact channel by which to excercise this treaty right?

You can verify your individual legal rights with the EU Citizens SignPost service at: http://europa.eu.int/citizensrights/sig ... dex_en.htm. This is a FREE legal advice centre for EU/EEA citizens (Norway is included). You need to provide all the core information you have provided here. They are professional, quick and I have learned a lot when I have used them. They will likely confirm you have the right to go with your wife.