Eea Family Permit

[mrbojangles]

Wonder if any of you could clarify a few point for me.

My Situation:-

Both UK and Irish Passport holder

Currently working in Saudi Arabia

Wifes status:-

Thai Passport holder

Initially had SV for the UK and then we changed it to an EEA Family Permit using my Irish Passport.

Whilst me and the wife (our baby has a UK passport) were living in the UK, (after swapping over from a SV) the wife was on a 5 year EEA Family permit, as a spouse of an EEA national living and working in the UK. There is about another 2 years left on the permit. However, we have all now moved to Saudi Arabia.

Question:- As my circumstances have changed and I am no longer living or working in the UK (although I still work for the same company I did originally), I presume that the original EEA Family permit is no longer valid ? Or can we still use it to return to the UK for an holiday?

If not, do I have to apply for another EEA Family Permit using my Irish passport or is a holiday one different. And do I go to the Embassy or to the VAC ?

Many thanks in advance for any advice

[Eff1n2ret]

If you were to apply for a visa/family permit for your wife to come on a visit, she should be given an EEA Family Permit, as per following in the Entry Clearance Guidance:

"....... if a family member who is travelling with, or is to join the EEA national in the UK requests a visit visa under the Immigration Rules, you should offer him (or her) the option of applying for a family permit under EC law free of charge."

The treaty rights of EEA nationals include the free right of movement between member countries for any purpose for up to 3 months, and in coming back to the UK for a holiday you are exercising your treaty rights under your Irish citizenship. If your wife already has a Family Permit, she shouldn't have to get another one, and it's inconceivable that she would be turned away because you were no longer resident in the UK. The concept of "change of circumstances" which may be applied to visas issued under the UK Immigration Rules would not be relevant here.

I wouldn't like to pronounce on her right to Permanent Residence when the Permit expires, however.

[mrbojangles]

Many thanks Eff1