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Posted

On first sight , this looks like a FREE way to get a 'permit' (instead of a visa), if a UK citizen is planning to travel with a Thai partner or spouse towards 'Settlement'...but it is hedged with 'catches' which would disqualify most. But it would be fascinating to know if anyone has ever got in with their Thai lady/man via this to me 'rare' route. Full info on the UKBA website. It would certainly be an option for a British-Thai couple who landed in an EU country to work, before going on to the UK ?

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EEA family permits

This page explains what an EEA family permit is, and whether a non-European family member of a European national will need to obtain an EEA family permit before they can come to the UK.

What is an EEA family permit?

An EEA family permit is a form of 'entry clearance' to the UK (similar to a visa). It is for nationals of countries outside the European Economic Area (EEA) who are family members of EEA nationals.

You can find a definition of 'family member' under 'More information' below. If you do not fall under this definition, you cannot apply for an EEA permit. Instead, you must apply for a visa (if you need one) before you can come to the UK. For more information, see the Do I need a visa? section.

There is no application fee for an EEA family permit.

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.

How to apply

When you apply, you must provide documents to prove your relationship to an EEA national who is coming to the UK or already here. The Supporting documents contains more information.

To make your application, see the How to apply page."

Posted

I have tried it, speculatively, and got knocked back. It wasn't for my wife though, who already has British nationality, but for a different family member. This was about 18 months ago.

I remember reading at the time, I think on the on the UKBA website, that British law is unclear on this.

What the bottom line comes down to, is that if you are an EEA resident, but NOT British, you can do it. Most unfair in my opinion, as it seems that foreigners have more rights to access the UK than us ourselves.

Give it a go though, and good luck, but I am certain it will end in frustration and quite possibly resentment.

  • Like 1
Posted

I have tried it, speculatively, and got knocked back. It wasn't for my wife though, who already has British nationality, but for a different family member. This was about 18 months ago.

I remember reading at the time, I think on the on the UKBA website, that British law is unclear on this.

What the bottom line comes down to, is that if you are an EEA resident, but NOT British, you can do it. Most unfair in my opinion, as it seems that foreigners have more rights to access the UK than us ourselves.

Give it a go though, and good luck, but I am certain it will end in frustration and quite possibly resentment.

Thanks for that - yes, it is unclear and does seem skewed against UK citizens. The section above beginning with the following gives the sense of a messy system with not particularly logical and/or fair definitions -->

"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...."

Maybe we are still half-in, half-out and some of the benefits of the Euro-Zone are denied to us!

Posted

These rules are only for family members of EU citizens 'resident' and working in another country other than their own. In your own country the normal immigration rules are used.

A French citizen working in the UK can take advantage of this as can a British citizen working in France.

  • Like 1
Posted

As Bob has said above if you are not in your home country but in Europe and a European you can use this rule, Brits cannot use it to bring their Thai wives to the UK,

  • Like 1

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