EEA with wife (Brazilian) Non-EEA, does she need the permit?

[suryadeva]

Hello,

This is my first post and I'm here because I never read so much in my life about a topic amazing how confusing/complex immigration to UK looks like, but I guess it is necessary for such a country.

Before I start, I'd like to thank "Jambo" for this amazing post.

I believe my case is quite straight forward/simple and I just want peace of mind, so, therefore I write:

1) I'm Brazilian but inherited Italian citizenship and am living/working in Malta for the last 4 years. Got a place to take part in a MBA in Liverpool starting next September (1 year long). From what I read, I'll have no problem at all. Do any need anything to go in the UK?

2) My wife is also Brazilian. We got married 4 and a half years ago in Brazil. We like to look good under the law, so we have our marriage registered both in Brazil and Italy, with also an authenticated certificate translated to English. She lives with me here. She is under spouse visa and has full residence permit for Malta. Her rights are currently exactly same as mine in every sense here.

So, questions are:
- What does she need to live exactly the same life in the UK? Does she need the EEA Family Permit?
- If not, what does she need to enter the UK with me? Plan is that we go together there, since we will be moving.
- Do I need an UK address before we enter? I'm currently working on having a place for us there, but have no idea when this will be sorted.

Am I forgetting something here?

Thanks to everyone that replies

[EUsmileWEallsmile]

1. As an EU citizen, you have the right to move to the UK to work, study, etc. You do not need to do anything special. If you are a student, you will be expected to have comprehensive sickness insurance.
2. As an EU citizen, you can be accompanied or joined by your family members. Your wife is a family member.

Your wife can choose to either apply for a family permit from outside the UK and obtain a residence card after entry or being a non-visa national, simply enter the UK and submit residence card after entry.

[suryadeva]

... you will be expected to have comprehensive sickness insurance

Thank you very much! One thing that puzzles me is the CSI, can anyone give an example of how this should be? And would my wife need it also?

[wb00]

Your situation is similar to mine, but I'm the brazilian citizen in my case.
She can come with you (brazilians don't need a visa to stay in the UK up to 6 months) and then apply for eea2 once you're here.
Once she gets a certificate of application (mine took three weeks), she is eligible to work here without restrictions for 6 months, while the resident card is being decided by the ho.
Please provide evidence of your relationship (list of documents on ukba site) and both original passports.

[vinny]

... you will be expected to have comprehensive sickness insurance

Thank you very much! One thing that puzzles me is the CSI, can anyone give an example of how this should be? And would my wife need it also?

See also

EU citizens’ rights group launches CSI Justice campaign

UK wrongly insisted on Comprehensive Sickness Insurance for years, EU court finds

C‑247/20 VI v Her Majesty’s Revenue and Customs

C-247/20 VI v The Commissioners for Her Majesty’s Revenue & Customs and the implications of preliminary references during the transitional period: a case study in legal complexity.

Nobody has been refused citizenship for lack of CSI

Comprehensive Sickness Insurance: what is it, and who needs it?

Comprehensive sickness insurance cover in the United Kingdom (15,16).

Appeal Caselaw under Directive 2004/38EC.

Note on EEA Applications and Comprehensive Sickness Insurance Cover.

Boodhoo (EEA Regs: relevant evidence) [2013] UKUT 00346 (IAC)

4.

Ahmad v Secretary of State for the Home Department [2014] EWCA Civ 988 (16 July 2014)

EEA nationals qualified persons

Chapter 6: permanent residence > Annex B – Comprehensive sickness insurance - transitional arrangements for students

WhatDoTheyKnow

Comprehensive sickness insurance for family members of EEA students > Sickness insurance for family members of EEA students

Home Office now says health insurance ‘just a technicality’

Home Office say it is “longstanding practice” not to remove EU citizens lacking comprehensive sickness insurance

EHIC insufficient?

However,

You won’t have to:

account for every trip you’ve taken out of the UK
show evidence that you held comprehensive sickness insurance...

Interestingly, HMRC had previously recognized

Comprehensive sickness cover includes the National Heath Service (NHS) cover.

between 3 July 2007 and 16 June 2011

Treaty rights passport applications (page 56).