can one wit retained rights now bring over wife wit EEA FP

[coach_rio]

Hello Readers,

Am confused with the new changes to the amendment of the 2006 regulation especially where it says now that
- ( Regulation 12 is amended to enable a person with retained rights of residence to be able to obtain an EEA Family Permit ).
My question is it now possible for someone with retained rights now to be able to bring his non-eea wife by applying for a Family permit and when the person comes over if she can then apply for a settlment visa or still go down the EEA2 route.
pls your answers will be greatly appreciated and tanx in advance.

[mcovet]

did you retain rights as a former husband? If yes, then your new wife couldn't really qualify until you settle here (get PR) and use internal route to apply.

If you had retained your right in another category (which in my view is only possible as a parent who was a family member of an non-EEA national who retained his/her right of resident, although it sounds EXTREMELY UNLIKELY and theoretical) and at the same time you were married to your current wife, your wife would then have qualified as a family member of a person who retained the right of residence. But, as in most cases, your case fits into my first paragraph, most likely, and thus, your new wife isn't eligible for an EEA FP.

[coach_rio]

Yes I did retain my rights as a former husband and thanks a lot Mcovet for explaining the new regulation to me.

[cuba1985]

Yes you can. I have talk to my advicer in london. She sad under european human rights there nothing says that you cannot bring you not eu wife. And she done few cases, and people get visa. The only think you need to show 18600£ income. And it is could be for example money which you give long time ago to your friend and now you friend give it back. Im in same situation as you. Will apply soon.

[vinny]

See also similar topic.