Do I need EEA1

[JohnMcD]

Hi,

I'm a UK citizen and my wife is a US citizen with a UK student visa that expires in Jan.

It's difficult for us to apply for a spouse visa as I only just moved back to the UK and am a self-employed contractor, so won't have tax records until next may.

Therefore we started going the Surinder Singh route. I have started a contract in Italy (end of May) and she has come across.

We were going to apply for EEA1 from here in August, but now I'm wondering - do we have to? Since she can re-enter the UK on her student visa, can't we both go there in Sept and apply for EEA2 without bothering with EEA1?

Thanks in advance,
John.

[Jambo]

You are using the wrong term. It's EEA Family Permit. EEA1 is for EEA nationals residing in the UK.

As for your question, see Q4 in EEA FAQs - Common Questions - Read before posting - Surinder Singh.

[fatimahh]

[quote="JohnMcD"]Hi,

I'm a UK citizen and my wife is a US citizen with a UK student visa that expires in Jan.

It's difficult for us to apply for a spouse visa as I only just moved back to the UK and am a self-employed contractor, so won't have tax records until next may.

Therefore we started going the Surinder Singh route. I have started a contract in Italy (end of May) and she has come across.

We were going to apply for EEA1 from here in August, but now I'm wondering - do we have to? Since she can re-enter the UK on her student visa, can't we both go there in Sept and apply for EEA2 without bothering with EEA1?

Thanks in advance,
John.[/quote]

If i was in your shoes i will apply for the Family Permit before arrival to the Uk. The benefit of doing so is that your wife with the 6month permit will be allow to work once she entered the Uk, and it usually only take 15 working days to be delivered, so why not?