Recently married and was going to apply for EEA Permit but...

[Rogue25]

So I am American and my wife is Greek but living in the UK. We recently got married December of last year and I will make the big move this year. I made a topic here about a year or 2 ago and was recommended to take the EEA Permit route. I had it in the back of my mind but after a while I forgot about it and thought that the Family Visa was what I needed. Me and my wife have gone back and forth trying to figure out what we needed to do and now that she has lived in the UK for 5 years she decided to apply for her permanent residence last week. We thought this would be needed in order for me to get the visa.

Now after stressing out I decided to start my visa application today only found out it was whopping £1,464 to apply. Now realizing this was the wrong application, I found out what I needed to get is the EEA Family Permit. But after going back to my previous topic, it looks like my wife wouldn't be considered a EEA National without permanent residence.

So now I feel like I shot myself in the foot. Am I now unable to go this route because she will obtain her permanent residence (if her application is accepted) in a few weeks?

[Casa]

Your wife doesn't need PR in order for you to apply for an EEA Family Permit. She does however, have to prove that she is exercising her Treaty rights in the UK as qualified person.

See the information on Treaty rights in the following link:
https://www.gov.uk/government/publicati ... nals-eun01

[Rogue25]

Your wife doesn't need PR in order for you to apply for an EEA Family Permit. She does however, have to prove that she is exercising her Treaty rights in the UK as qualified person.

See the information on Treaty rights in the following link:
https://www.gov.uk/government/publicati ... nals-eun01

I do realize this now. But if she has PR since she sent in her application form, and assuming it is accepted, does this prevent me from applying for an EEA Family Permit?

[dan1988uk]

Your wife doesn't need PR in order for you to apply for an EEA Family Permit. She does however, have to prove that she is exercising her Treaty rights in the UK as qualified person.

See the information on Treaty rights in the following link:
https://www.gov.uk/government/publicati ... nals-eun01

I do realize this now. But if she has PR since she sent in her application form, and assuming it is accepted, does this prevent me from applying for an EEA Family Permit?

No, you can apply for an EEA FP as a spouse of EEA citizen with PR, your wife doesn’t need to prove that she is a qualified person but just that she is living in the UK and you will be living with her.

[vinny]

A member had a problem.

[Obie]

If she is not a qualified person, then she needs to be an EEA national with a Right of Permanent Residence to qualify.

If her documents has been sent, then it will be linked.

[Rogue25]

A member had a problem.

So basically my wife would need to prove that she is excising her Treaty Rights on top of having PR?

[Rogue25]

If she is not a qualified person, then she needs to be an EEA national with a Right of Permanent Residence to qualify.

If her documents has been sent, then it will be linked.

So basically by her having PR she wouldn't be considered a EEA National excising her Right of Permanent Residence?

[Obie]

A member had a problem.

Vinny I believe this is an in country regulation 18(1) case, it is different from the cited case. The OP by his post, is in the UK and seeking residence card. He is not applying from America.

[Obie]

If she is not a qualified person, then she needs to be an EEA national with a Right of Permanent Residence to qualify.

If her documents has been sent, then it will be linked.

So basically by her having PR she wouldn't be considered a EEA National excising her Right of Permanent Residence?

Exercising treaty rights has a more broader meaning than qualified person.

A person with permanent Residence may not be a qualified person, but still exercising treaty rights.

[Rogue25]

A member had a problem.

Vinny I believe this is an in country regulation 18(1) case, it is different from the cited case. The OP by his post, is in the UK and seeking residence card. He is not applying from America.

I am applying from America, she is currently living and working in the UK at two universities. I am sorry for not being clear on our situation.

I haven't applied for any visa or permit, I am trying to figure out if I still have the option to apply for EEA Family Permit if my wife has a PR.

[Obie]

As a matter of law, I think you will be entitled to apply.

[Rogue25]

As a matter of law, I think you will be entitled to apply.

Thank you Obie!

Do you know if there is anything in the EEA Family permit that mentions specifically what the case will be if the EEA spouse has permanent residence? I am trying to figure out if even matters at all that my wife will have permanent residence status.

Just covering all my bases.

[Rogue25]

Your wife doesn't need PR in order for you to apply for an EEA Family Permit. She does however, have to prove that she is exercising her Treaty rights in the UK as qualified person.

See the information on Treaty rights in the following link:
https://www.gov.uk/government/publicati ... nals-eun01

I do realize this now. But if she has PR since she sent in her application form, and assuming it is accepted, does this prevent me from applying for an EEA Family Permit?

No, you can apply for an EEA FP as a spouse of EEA citizen with PR, your wife doesn’t need to prove that she is a qualified person but just that she is living in the UK and you will be living with her.

That is great news, thank you. Do you know if there is anything listed for this specific case?

Just to be totally clear, I am applying in America, she is Greek but lives in the UK and has lived there for 5 years working and has applied for permanent residence. Assuming she gets permanent residency, this doesn't have any effect on EEA Family Permit applications?