EEA FAMILY PERMIT

[CheGuevara]

Do you need an EEA family permit?
A non-EEA family member of an EEA national will need to obtain an EEA family permit before travelling to the UK if they are:

a 'visa national' (see 'More information' below); or
coming to live with the EEA national in the UK permanently or on a long-term basis.
However, the non-EEA family member must be travelling to the UK:

with the EEA national; or
to join the EEA national here.
If the EEA national is outside the UK and is not travelling with them, the non-EEA family member must instead apply for a visa (if they need one) before they can come to the UK. For more information, see the Do I need a visa? page.

If a non-EEA family member is living in the UK and has a residence document confirming their right of residence here, they do not need to apply for an EEA family permit each time they enter the UK after travelling abroad. See the Residence documents for family members page for more information.

Although the UK is a member of the EEA, a non-EEA family member of a British citizen should not generally come to the UK using an EEA family permit. However, a non-EEA family member of a British citizen living abroad can apply for an EEA family permit to join the British citizen on their return to the UK if:

the British citizen has been living in an EEA member state as a worker or self-employed person; and
the family member, if they are the British citizen's spouse or civil partner, has been living together with the British citizen in the EEA country.

[CheGuevara]

the family member, if they are the British citizen's spouse or civil partner, has been living together with the British citizen in the EEA country.[/quote]

IS THIS A LEGAL REQUIREMENT ACCORDING TO THE 2004 EC DIRECTIVE?

please any answers would be appreciated.

[CheGuevara]

the family member, if they are the British citizen's spouse or civil partner, has been living together with the British citizen in the EEA country.

IS THIS A LEGAL REQUIREMENT ACCORDING TO THE 2004 EC DIRECTIVE?

please any answers would be appreciated.[/quote]

common guys

[EUsmileWEallsmile]

You might want to exercise a little patience before adding to your posts. It may be that people don't understand your question.

Are you British? If not, then this simply does not apply to you.

[CheGuevara]

You might want to exercise a little patience before adding to your posts. It may be that people don't understand your question.

Are you British? If not, then this simply does not apply to you.

Sincere apologies Moderator i was merely asking if the requirement that a spouse of a British citizen who is exercising treaty rights in Germany and wants to visit the UK with non EU spouse but lets say the non EU spouse lives in Israel and has applied in Israel for an EEA permit but then gets refused because according to the Border Agency

Applications for EEA family permits must meet the following criteria:

The British citizen must be residing in an EEA Member State as a worker or self-employed person or have been doing so before returning to the UK.
If the family member of the British citizen is their spouse or civil partner, they are living together in the EEA country or must have entered into the marriage or civil partnership and have been living together in the relevant EEA country before the British citizen returned to the UK.

i was merely asking if the requirement that the non EU spouse be living with the EU citizen is legal under European law (Directive)

[ukforever]

You might want to exercise a little patience before adding to your posts. It may be that people don't understand your question.

Are you British? If not, then this simply does not apply to you.

Sincere apologies Moderator i was merely asking if the requirement that a spouse of a British citizen who is exercising treaty rights in Germany and wants to visit the UK with non EU spouse but lets say the non EU spouse lives in Israel and has applied in Israel for an EEA permit but then gets refused because according to the Border Agency

Applications for EEA family permits must meet the following criteria:

The British citizen must be residing in an EEA Member State as a worker or self-employed person or have been doing so before returning to the UK.
If the family member of the British citizen is their spouse or civil partner, they are living together in the EEA country or must have entered into the marriage or civil partnership and have been living together in the relevant EEA country before the British citizen returned to the UK.

i was merely asking if the requirement that the non EU spouse be living with the EU citizen is legal under European law (Directive)

yes,under the surinder singh route,your wife needs to live with you while you are exercising your treaty rights in germany,so if she applied for the family permit while she was living in israel then i'm afraid they got it right.
and yes to reply to your answer,under eu laws,its a requirement that the british citizen must live with his wife in the eea state where he exercised his treaty rights before returning to the uk.
so your wife need to move to germany to live with you for couple of months then you need to gather some proofs that she lived with you,such as tenancy agreement on both names,bank statement on both names,utility bills on both names,along with proofs of exercising treaty rights,this could be work contract and couple of payslips ect.
then u have the choice of applying again for the family permit from germany or just turn up at port in calais and seek admission on the spot for the stamp code 1A.
good luck.

[EUsmileWEallsmile]

The directive does not appear to mention Surinder Singh. It does specify who benefits, that being an EU citizen who moves to another EU state.

[CheGuevara]

The directive does not appear to mention Surinder Singh. It does specify who benefits, that being an EU citizen who moves to another EU state.

Thanks a lot for the clarification

[CheGuevara]

You might want to exercise a little patience before adding to your posts. It may be that people don't understand your question.

Are you British? If not, then this simply does not apply to you.

Sincere apologies Moderator i was merely asking if the requirement that a spouse of a British citizen who is exercising treaty rights in Germany and wants to visit the UK with non EU spouse but lets say the non EU spouse lives in Israel and has applied in Israel for an EEA permit but then gets refused because according to the Border Agency

Applications for EEA family permits must meet the following criteria:

The British citizen must be residing in an EEA Member State as a worker or self-employed person or have been doing so before returning to the UK.
If the family member of the British citizen is their spouse or civil partner, they are living together in the EEA country or must have entered into the marriage or civil partnership and have been living together in the relevant EEA country before the British citizen returned to the UK.

i was merely asking if the requirement that the non EU spouse be living with the EU citizen is legal under European law (Directive)

yes,under the surinder singh route,your wife needs to live with you while you are exercising your treaty rights in germany,so if she applied for the family permit while she was living in israel then i'm afraid they got it right.
and yes to reply to your answer,under eu laws,its a requirement that the british citizen must live with his wife in the eea state where he exercised his treaty rights before returning to the uk.
so your wife need to move to germany to live with you for couple of months then you need to gather some proofs that she lived with you,such as tenancy agreement on both names,bank statement on both names,utility bills on both names,along with proofs of exercising treaty rights,this could be work contract and couple of payslips ect.
then u have the choice of applying again for the family permit from germany or just turn up at port in calais and seek admission on the spot for the stamp code 1A.
good luck.

Yes she was living with me and still lives with, she was away on a temporary job (3 months contracts) hence the application was made in Israel, she also has her five year residency card.