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UK EEA(FM) visa holder can invite non-EU spouse to UK

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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shazy am
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Joined: Sun May 28, 2017 8:28 pm

UK EEA(FM) visa holder can invite non-EU spouse to UK

Post by shazy am » Sun May 28, 2017 8:43 pm

Hello,
I am new here and I need help from members of this website.
I came to the UK 2 years before on EU family member visa because of my father who is Netherlands National. I have UK 5 years Residence permit sticker on my passport. I am living and working in UK for the last 4 years.
A Few months before i got married in my home country and now i want to invite my wife here in UK.
so how can i invite her here ? according to British law or EU law . please can someone explain me in detail and procedure to invite her, thank you

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: UK EEA(FM) visa holder can invite non-EU spouse to UK

Post by secret.simon » Mon May 29, 2017 6:27 am

As family member of an EEA citizen, you can not directly sponsor your own family member under either EU law or UK law. Only the EEA citizen can sponsor his family members under EU law. You would have an independent right to sponsor your family members under UK law after you have acquired PR under EU law and hence become "settled" under UK law.

However, daughters-in-law are not considered family members for the purposes of EU law. She could possibly be considered an extended family member, as either a person dependent on him or as a member of his household. However, there is no precise definition of membership of a household and whether she needed to be a part of his household in the EFM's home country.

So, you can see that it is nowhere near as straightforward as what you may have expected.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

secret.simon
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Posts: 11258
Joined: Thu Feb 21, 2013 9:29 pm

Re: UK EEA(FM) visa holder can invite non-EU spouse to UK

Post by secret.simon » Mon May 29, 2017 7:48 am

Pages 14-15 of the Extended Family Members Guide contains more details of what it would be required for your wife to apply as an extended family member of your father (the EEA citizen).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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