Spousal visa or EEA?

[megmog]

Hey everyone, I know there was a recent post about this but I am a little confused and need further clarification...

Here are the facts - I am british, husband south african, living in ireland - not sure for how much longer as everyone's residency applications are being rejected, and we may return to SA. From there (or from here, if we can) we want to return to the UK.

I know I could apply for a spousal visa, which is very expensive and requires a lot of documentation which we dont have at this stage, but could we apply for a family permit (which is free)?

Would I need to be working in the UK before my husband could get the permit or could we travel there together before I get a job?

Once you get a family permit (which i think is valid for 6 months..) then what? Can my husband work on a family permit?

Any advice or clarification would be great!

[thsths]

Here are the facts - I am british, husband south african, living in ireland - not sure for how much longer as everyone's residency applications are being rejected, and we may return to SA. From there (or from here, if we can) we want to return to the UK.

I think you both have a clear cut right to stay in Ireland. So if you like it there, you should stay and fight it out. You may even get help from the European Commission, because they have been unhappy for a while with the way that Ireland deals with the rigth of free movement.

If you want to go back to the UK, that should not be a problem either. You do not need to go back to SA as far as I know. But you have to decide which legal track to use. Under the European law (because you stayed in another EU member state) your husband can apply for an EEA family permit, and later for a Residency Card (from EEA2). This is all free of cost. Alternatively, you can apply for a Spouse Visa under British legislation. This does cost more money, may be more complicated, but it may offer some benefits down the road.

[Docterror]

Duplicate thread alert.. Moderator, can you please lock and merge the posts?