Help with Applying for Thai wife's EEA Family Permit from Spain

[a99az]

Can anyone help or advise me about Applying for Thai wife's EEA Family Permit from Spain?

In bref we are currently living in Spain with our two small children. I British (the EEA national) am working here as a teacher and want to return to the UK with my Thai wife and our two small (British) children. We understand that she must complete the online form:

EEA FAMILY PERMIT (VAF5 DEC 2008)

This form is for use outside the UK only. This form is provided free of charge.

From what I can see of this online form, my wife must complete this sign and send. However I would like to know if this application is means tested, as they ask about income and yet they don't state anywhere if there is a set minimum. What do you make of this?

Must all questions be answered or is it like the visa application to Spain as we where only required to give basic info eg my name her name and copy of marriage cert.

If any one has gone down this road or can advise we would be grateful of your help.

Have attached online form and help pages.

Many thanks in advance.

04 vaf5.pdf

05 vaf2-8b-guidance.pdf

[beano2274]

If you go back to the UK she does not apply as the wife of a EEA Member, that is only applicable if you were Spanish and going to the UK for work and wanted her to accompany you.

1.9 Nationality (THIS REFERS TO YOUR NATIONALITY, AND YOU STATED YOU ARE BRITISH, WHICH DOES NOT APPEAR.
• Austria
• Belgium
• Bulgaria
• Cyprus
• Czech Republic
• Denmark
• Estonia
• Finland
• France
• Germany
• Greece
• Hungary
• Iceland
• Irish Republic
• Italy
• Latvia
• Liechtenstein
• Lithuania
• Luxembourg
• Malta
• Netherlands
• Norway
• Poland
• Portugal
• Romania
• Slovakia
• Slovenia
• Spain
• Sweden
A national of the European Economic Area (EEA) is
a national of one of the following countries:
Under the Immigration (EEA) Regulations 2006, Swiss nationals are included in the definition of “EEA nationals”. Their family members are considered as if they were family members of EEA nationals.
YOU SHOULD COMPLETE THIS FORM IF YOU WISH TO COME TO THE UK AS A FAMILY MEMBER OF AN EEA

Edited June 23, 2013 by beano2274

[a99az]

If you go back to the UK she does not apply as the wife of a EEA Member, that is only applicable if you were Spanish and going to the UK for work and wanted her to accompany you.

1.9 Nationality (THIS REFERS TO YOUR NATIONALITY, AND YOU STATED YOU ARE BRITISH, WHICH DOES NOT APPEAR.

• Austria

• Belgium

• Bulgaria

• Cyprus

• Czech Republic

• Denmark

• Estonia

• Finland

• France

• Germany

• Greece

• Hungary

• Iceland

• Irish Republic

• Italy

• Latvia

• Liechtenstein

• Lithuania

• Luxembourg

• Malta

• Netherlands

• Norway

• Poland

• Portugal

• Romania

• Slovakia

• Slovenia

• Spain

• Sweden

A national of the European Economic Area (EEA) is

a national of one of the following countries:

Under the Immigration (EEA) Regulations 2006, Swiss nationals are included in the definition of “EEA nationals”. Their family members are considered as if they were family members of EEA nationals.

YOU SHOULD COMPLETE THIS FORM IF YOU WISH TO COME TO THE UK AS A FAMILY MEMBER OF AN EEA

Please read this, then if you do know something new please let me know. As I said I need some one how can help me with this application.

In her reckless pursuit of lower immigration to the UK, Theresa May put UK citizens and settled people in a far less privileged position than EU nationals living in the UK. The rule changes Ms May implemented last year also meant that UK citizens living in other EU countries had more rights than if they lived in the UK. But thanks to a certain Mr Singh, they not only have more rights elsewhere in Europe, but they can bring them back to the UK under certain conditions. On the blogs and in the facebook groups of people affected by the family immigration rules, Surinder Singh has become a buzz word.

Surinder Singh himself was an Indian national working in Germany who married a British national who also worked there. They moved to the UK together, but the marriage broke down. Surinder was refused indefinite leave, then became an over stayer and deportation proceedings were initiated. In appealing against the proceedings it was argued that as his wife was a European citizen he should have originally been granted settlement rights, not the one year visa. In winning this case, in 1992, a legal precedent was set.

Bags

Now, twenty one years later we see people packing their bags and moving out of the UK to work in Europe and in doing so taking a major step towards reuniting their families in the UK. Dublin is a favourite, thanks to cultural similarities and a lack of language difficulties. But other destinations include in Italy, Spain, Germany and Portugal.

It is a move as good as sanctioned on the UKBA website. The guidance notes on EEA family permits clearly state:

“It does not matter if the only reason the British national went to another Member State was to exercise an economic Treaty right was so that he / she could come back to the UK with his / her family members under EC law.”

Initially it was the government position that if a British citizen had left the UK ‘in order to enable his family member to acquire rights’ the Surinder Singh route would not be available. Later, in the case of Akrich, JCWI secured the rights for people who had exercised Treaty rights regardless of motive.

There is nowhere which states if there is a required minimum period one has to be exercising Treaty rights for before qualifying for an EEA visa for a non-EU family member.

Documentation

When a UK / Non-EU couple arrive at another European country, there is no requirement for them to show any documentation other than their passports and marriage / civil partnership certificate. However, in some places immigration officials are unfamiliar with the rules around exercising your Treaty Rights, it is worth having a letter outlining your intent, and quoting Directive 2004/38/ec of the European Parliament which establishes the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.

The Directive states:

“The right of all Union citizens to move and reside freely within the territory of the Member States should, if it is to be exercised under objective conditions of freedom and dignity, be also granted to their family members, irrespective of nationality.”

There’s some interesting accounts of people’s experiences and discussions cropping up on facebook and other fora. There are tips on job hunting, accommodation, thrifty living and employment and bank accounts.

Farcical

These measures are legal, sanctioned in law and have nothing underhand or sneaky about them. People have been forced to take these routes to family unity here by farcical rules introduced by a Home Secretary who is hell bent on low immigration statistics whatever the human cost involved. The people having to pursue this route are, by definition, primarily low earners and the experience is not a cheap one. It is perhaps a dramatic display of love and determination to achieve family life.

Those that go through this experience should be applauded, especially by the mainstream political parties that constantly strain to be champions of family life. The worry is that their immigration rules are forcing families to become scattered and separated which is a costly matter for society. Politicians need to develop some consistency in their policies and start to genuinely promote family life for all they claim to represent.

The EU have published a more user friendly guide for people interested in living elsewhere in Europe.

[beano2274]

You are British, so you are going back to your own country, so your wife has to apply for settlement not EEA.

If you ask 7by7 you will more than certainly get the same answer.

NOTE Actually you are correct, but you used the wrong thing to note it

this is what you should have done

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.

Edited June 24, 2013 by beano2274

[Rooo]

Moving to Visas to other countries.

[7by7]

As you have been exercising an economic treaty right (i.e. working) in another EEA country and as your wife has been living there with you then she can use the EEA regulations to move with you to the UK to live.

See EUN2.14 Can family members of British citizens qualify for an EEA family permit? ('Surinder Singh' cases)

Applications for EEA family permits must meet the following criteria:

• The British citizen must be residing in an EEA Member State as a worker or self-employed person or have been doing so before returning to the UK.
• If the family member of the British citizen is their spouse or civil partner, they are living together in the EEA country or must have entered into the marriage or civil partnership and have been living together in the relevant EEA country before the British citizen returned to the UK.

To answer the questions in your OP:

There is no set minimum income for EEA applicants; though you should be able to show that you can support and accommodate yourselves without becoming an unreasonable burden upon the state.

The notes at the start of the form say you should read the guidance notes carefully and answer all questions as indicated; so that's what you should do.

Better, I think, to give them an answer they don't need so will ignore than miss out an answer they do need.

Edited June 25, 2013 by 7by7