EEA national -Spouse family permit

[welshboy454]

Has anyone used the EEA family permit route to gain entry to the UK  for their non EAA spouse -in my case a Thai spouse.

A quick read of the blurb suggests  it is a free  permit and  under EU law obtainable.

https://www.gov.uk/family-permit/overview

Fees

An EEA family permit is free.

What it does

An EEA family permit makes it easier and quicker to enter the UK. You might not get a boarding pass and could experience major delays without one.

 

Edited February 7, 2017 by welshboy454
additional info plus link

[grankboy]

If your British your have to live in a EU country for around a year before you can apply for a FP, it does work as my friend done it last year, he spent 14 months in Spain, but once she gets her EU RC she can go to the Uk for 6 months with you.

[welshboy454]

Thanks for your reply but I think the EAA citizen applies to UK nationals and my Thai wife would be permitted under these rules.   I checked the visa fees on the home office website  and for ease of reference show the route below.

 

It is free but well hidden !

 

[grankboy]

The visa is free but I'm pretty sure you have to stay in a EU country before applying for a FP, your be doing to Surinder Singh Route - there's thousands of couples doing this route they don't have the £18,600 or £62,500. Maybe you should speak to a lawyer regarding this. I do have a good contact if you need.

[7by7]

The EEA freedom of movement regulations do not apply when moving to the country of which you are a citizen; therefore you, as a British citizen, cannot use them to move to the UK with your wife. She will have to apply for a UK settlement visa.

 

See Apply to join family living permanently in the UK

 

However, if you have been exercising a treaty right in another EEA country, your wife has been living there with you and you are both now moving to the UK then she can apply via the directive. This is known as the Surinder Singh route, after a judgement in the European Court of Justice.

 

See Apply for an EEA family permit; 6. Surinder Singh and Surinder Singh caseworker guidance.

 

 

[welshboy454]

1 minute ago, grankboy said:

The visa is free but I'm pretty sure you have to stay in a EU country before applying for a FP, your be doing to Surinder Singh Route - there's thousands of couples doing this route they don't have the £18,600 or £62,500. Maybe you should speak to a lawyer regarding this. I do have a good contact if you need.

I am thinking of using this route as an alternative to the Tourist visa for my wife  not as a permanent move. She could stay up to 6 months as I read it so why pay for a Tourist visa  when the effect is the same.

Sorry for the double quote I do not know how to delete it.

 

2 minutes ago, grankboy said:

The visa is free but I'm pretty sure you have to stay in a EU country before applying for a FP, your be doing to Surinder Singh Route - there's thousands of couples doing this route they don't have the £18,600 or £62,500. Maybe you should speak to a lawyer regarding this. I do have a good contact if you need.

 

[welshboy454]

8 minutes ago, 7by7 said:

The EEA freedom of movement regulations do not apply when moving to the country of which you are a citizen; therefore you, as a British citizen, cannot use them to move to the UK with your wife. She will have to apply for a UK settlement visa.

 

See Apply to join family living permanently in the UK

 

However, if you have been exercising a treaty right in another EEA country, your wife has been living there with you and you are both now moving to the UK then she can apply via the directive. This is known as the Surinder Singh route, after a judgement in the European Court of Justice.

 

See Apply for an EEA family permit; 6. Surinder Singh and Surinder Singh caseworker guidance.

 

 

Thanks for your reply .As I said earlier I am thinking of using this route as an alternative to a 6 month Tourist visa  not a UK settlement visa.

[grankboy]

If you did use this route she would get a 5 year RC in the host country, so if you spend enough time there she would get citizenship, I hear Ireland is good.

[bobrussell]

Not going to happen! Your partner will have to apply for a visit visa just as a non-EU spouse would have to apply for a Schengen visa to travel to Schengen countries.

To use EEA law you need to be exercising your treaty rights to fee movement.

To visit Ireland the spouse would require an Irish visit visa.

There are no short cuts!

Edited February 7, 2017 by bobrussell

[7by7]

9 minutes ago, welshboy454 said:

Thanks for your reply .As I said earlier I am thinking of using this route as an alternative to a 6 month Tourist visa  not a UK settlement visa.

 Doesn't matter; whatever type of UK visa she applies for, whatever her reason for coming to the UK, however long she wants to stay for; she can only use the Surinder Singh route if she and you qualify.

 

To do that you and she must be living together in an EEA state other than the UK.

 

Edit: Bob beat me to it!

Edited February 7, 2017 by 7by7

[welshboy454]

I repeat we are thinking of applying for the free of charge EAA family permit valid for 6 months issued under an EU directive as an alternative to the Tourist visa issued under the Immigration Rules.

 

The  Guidance the Entry Clearance Officer must follow is below  and as I see it we comply with the criteria  so it must be issued.

 

Bob Russel and 7by7  - Where am I wrong in law ?

 

1. EUN2.1 What is an EEA family permit?

An EEA family permit is a document that we issue to make it easier for non-EEA family members of EEA nationals to travel with their EEA national or to join them in the UK. EEA family permits are issued under the Immigration (European Economic Area) Regulations 2006 and not the Immigration Rules. The permit is issued ahead of a person’s travel to the UK and is valid for six months and is free of charge.

As long as the non-EEA family member of an EEA national continues to meet the EEA Regulations they would not be considered as having ‘overstayed’ simply because the expiry date of their EEA family permit had passed.

An extended family member of an EEA national must obtain a Residence Card following the expiry of an EEA family permit or they will be considered an overstayer.

If the family member is not travelling with the EEA national or will not be joining them in the UK, they will not qualify for an EEA family permit and would need to apply for entry clearance under the Immigration Rules and pay the relevant fee if they want to come to the UK. An applicant who does not qualify for an EEA family permit can only be considered against the Immigration Rules once the specified fee is paid. Regulation 31 of the Immigration and Nationality (Fees) Regulations 2009 clearly says that if an application to be assessed under the Immigration rules is not accompanied by the specified fee, the application is not validly made. This is relevant to fiancés and proposed civil partners of EEA nationals as they are not considered as direct family members or extended family members under the EEA Regulations unless they can show they are a durable partner – see EUN 2.12.

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.

2. EUN2.2 Where can an EEA family permit be issued?

EEA family permits may be obtained from any visa issuing post. It is not necessary for an applicant to be lawfully or normally resident in the country to apply.

3. EUN2.3 How quickly do I need to issue an EEA family permit?

Priority must be given to applications for EEA family permits. Wherever possible a decision should be made at the time it is lodged or after an interview is conducted.

However, the Regulations do not say that EEA family permits must be issued on the day that the application is made. The Directive does allow Member States to take reasonable measures to ensure that freedom of movement is not obtained by deception. Where you suspect a marriage of convenience or even ‘sham’ employment for the purpose of freedom of movement, further enquiries should be made and credibility may be tested. As long as delays are justifiable, applications can be tested until the ECO is fully satisfied.

4. EUN2.4 What are the requirements for issuing an EEA family permit?

In assessing an application from an EEA national’s direct family member, the entry clearance officer(ECO) should be satisfied that:

1. the applicant is the family member of the EEA national (marriage certificate, birth certificate or other evidence of family link)
2. the EEA national is residing in the UK in accordance with the EEA Regulations (as qualified person (exercising treaty rights) if more than 3 months) and the non-EEA national is joining them; or the EEA national intends to travel to the UK within 6 months and will have a right to reside under the Regulations on arrival, and the non-EEA national will be accompanying or joining the EEA national; and
3. if applying as a spouse or civil partner, there are no grounds to consider that the marriage or civil partnership is one of convenience; and
4. if applying as dependent family members (dependent children 21 and over and dependent relatives) they are dependent on the EEA national or the EEA national’s spouse or civil partner; and
5. neither the applicant nor the EEA national should be excluded from the UK on the grounds of public policy, public security or public health.

In assessing an application from an EEA national’s extended family member, the ECO should consider whether:

1. the EEA national is residing in the UK in accordance with EEA Regulations (as qualified person (exercising Treaty Rights) if more than 3 months) or has permanent right of residence;
2. the applicant is an extended family member as defined in Regulation 8 (see Section EUN2.7 below for further information).
3. refusing the application would deter the EEA national from exercising his/her free movement rights;
4. in all circumstances, is it appropriate to issue a family permit.

It is important not to test overall intentions in assessing applications for an EEA family permit. Also, there is an initial right of residence for 3 months, which means that an EEA national does not have to be exercising a treaty right immediately on arrival in the UK.

If the applicant is the spouse/civil partner of the EEA national or a dependant child of either the EEA national or their spouse/civil partner is under 21 then they do not need to provide evidence of financial dependency and therefore this should not be requested from the applicant.

[rasg]

http://www.ukcisa.org.uk/Information--Advice/EEA--Swiss-Students/Are-you-an-EEA-national

[welshboy454]

40 minutes ago, rasg said:

http://www.ukcisa.org.uk/Information--Advice/EEA--Swiss-Students/Are-you-an-EEA-national

I am a British passport holder and a UK citizen  therefore I am an EEA national if that was your point.

[JB300]

I am a British passport holder and a UK citizen  therefore I am an EEA national if that was your point.

As has been said, you can't use it as a Tourist Visa to the UK but could use the SS route to move there if you get one & settle in another EU country first (iirc UK gov insists on min 6 months & you have to evidence that you've settled in the new country).

Take the Mrs on a nice 6 month tour of Europe instead [emoji1303]

Edit: This route will almost certainly (may already be) close following Brexit, so if you're going to use it to move to the UK, you want to start doing so sooner rather than later (may already be too late as I read they're considering using the date of the referendum as the cut off date)

[welshboy454]

1 hour ago, JB300 said:

As has been said, you can't use it as a Tourist Visa to the UK

Just asking on what basis you say that. Please specify the law which backs up your statement for the benefit of everyone.

As I understand it ss long as my wife is joining me in the UK then 6 months EEA family permit is guaranteed under EU law with less hoops to jump through than a Tourist visa. A simple matter of her passport a certified copy of mine and the marriage certificate.

[JB300]

Just asking on what basis you say that. Please specify the law which backs up your statement for the benefit of everyone.

As I understand it ss long as my wife is joining me in the UK then 6 months EEA family permit is guaranteed under EU law with less hoops to jump through than a Tourist visa. A simple matter of her passport a certified copy of mine and the marriage certificate.

Technically you may well be correct but your sticking point will be that to get an EEA Family Permit for the UK you "Must be exercising your Treaty rights in the UK" which is taken to mean that you're moving to settle there & comes with the UK's additional requirements so is hardly a replacement for a 6 month tourist visa.

But go for it & less us know how you get on [emoji1303]

Edit: Thinking about it, an EEA Family Permit is to allow non-EU citizens to visit another EU country, so still believe that you'll need to get one from somewhere other than the UK & don't believe (without establishing residence there) you'll be allowed to use it to visit the UK.

But would be delighted to be proven wrong [emoji1303]

Edit2: The more I read, the more this looks technically possible https://www.gov.uk/government/publications/eea-family-permits-eun02/eea-family-permit-eun02#eun29-how-do-i-establish-dependency-under-the-eea-regulations

Give it a whirl, it's free after all [emoji1303]

[grankboy]

There's no way you can apply for a FP from Thailand, as said above you have to live in another EU country for at least 1 year now.

But please try and if you can do it I'll be amazed.

[welshboy454]

3 hours ago, JB300 said:

Technically you may well be correct but your sticking point will be that to get an EEA Family Permit for the UK you "Must be exercising your Treaty rights in the UK" which is taken to mean that you're moving to settle there & comes with the UK's additional requirements so is hardly a replacement for a 6 month tourist visa.

But go for it & less us know how you get on

Edit: Thinking about it, an EEA Family Permit is to allow non-EU citizens to visit another EU country, so still believe that you'll need to get one from somewhere other than the UK & don't believe (without establishing residence there) you'll be allowed to use it to visit the UK.

But would be delighted to be proven wrong

Edit2: The more I read, the more this looks technically possible https://www.gov.uk/government/publications/eea-family-permits-eun02/eea-family-permit-eun02#eun29-how-do-i-establish-dependency-under-the-eea-regulations

Give it a whirl, it's free after all

To answer  your point (without establishing residence there) I am a British citizen with a home in the UK .  Dependency the other point you raised is not required for a spouse.

Edited February 8, 2017 by welshboy454

[JB300]

To answer  your point (without establishing residence there) I am a British citizen with a home in the UK .  Dependency the other point you raised is not required for a spouse.

Having a home in the UK does not mean you're resident there (Google UK Ordinary Resident test) & your Wife has to prove that's she's dependent on you.

Have you contacted the British Embassy to see what they say?

[welshboy454]

4. EUN2.4 What are the requirements for issuing an EEA family permit?

In assessing an application from an EEA national’s direct family member, the entry clearance officer(ECO) should be satisfied that:

1. the applicant is the family member of the EEA national (marriage certificate, birth certificate or other evidence of family link)                  WE can supply a Marriage certificate
2. the EEA national is residing in the UK in accordance with the EEA Regulations (as qualified person (exercising treaty rights) if more than 3 months) and the non-EEA national is joining them; or the EEA national intends to travel to the UK within 6 months and will have a right to reside under the Regulations on arrival, and the non-EEA national will be accompanying or joining the EEA national;            I am a British citizen which is an EU national by definition and I am normally resident  in the UK with a home in the UK

[welshboy454]

17 minutes ago, JB300 said:

 

Having a home in the UK does not mean you're resident there (Google UK Ordinary Resident test) & your Wife has to prove that's she's dependent on you.

 

 

. EUN2.9 How do I establish dependency under the EEA Regulations?

Direct family members must be wholly or mainly financially dependent on the EEA principal to meet his or her essential needs in order to qualify for an EEA family permit, (children under 21, spouses, civil partners do not need to provide any evidence to show dependency on the EEA national)

 

Pretty clear cut ECO guidance  that my spouse does not need to be dependent on me

Edited February 8, 2017 by welshboy454

[JB300]

4. EUN2.4 What are the requirements for issuing an EEA family permit?

In assessing an application from an EEA national’s direct family member, the entry clearance officer(ECO) should be satisfied that:

1. the applicant is the family member of the EEA national (marriage certificate, birth certificate or other evidence of family link)                  WE can supply a Marriage certificate
2. the EEA national is residing in the UK in accordance with the EEA Regulations (as qualified person (exercising treaty rights) if more than 3 months) and the non-EEA national is joining them; or the EEA national intends to travel to the UK within 6 months and will have a right to reside under the Regulations on arrival, and the non-EEA national will be accompanying or joining the EEA national;            I am a British citizen which is an EU national by definition and I am normally resident  in the UK with a home in the UK

I'm British & have a home in the UK but am neither Ordinary nor Tax resident there.

I'd assumed with you being married to a Thai & her not living in the UK that neither do you but obviously that's an incorrect assumption.

Go for it, if you pull it off you'll be a hero to many of us [emoji1303]

[welshboy454]

3 hours ago, grankboy said:

There's no way you can apply for a FP from Thailand, as said above you have to live in another EU country for at least 1 year now.

But please try and if you can do it I'll be amazed.

 

I think you may be confusing the free simple 6 month family permit with the 5 year family permit residency arising from living in an EU country. If it is the latter you refer to then yes you are correct but the simple 6 month family permit can be applied for in Thailand.   Ask yourself this If it is not possible to apply for a 6 month family permit then why does the British Government publish the fee as zero on their website ?    The well hidden route to find it is below.

[7by7]

10 hours ago, welshboy454 said:

Bob Russel and 7by7  - Where am I wrong in law ?

 

You are an EEA national, but you are also a British citizen; and that takes precedence.

 

Freedom of movement directive

Quote

Article 3 Beneficiaries
1.   This Directive shall apply to all Union citizens who move to or reside in a Member State other than that of which they are a national, and to their family members as defined in point 2 of Article 2 who accompany or join them

(7by7 emphasis)

You are a British citizen, therefore you do not come under the freedom of movement directive when visiting or moving to the UK because as a UK citizen you have the right to do so anyway.

 

This is not just a UK thing; it would be the same if you were, for example, French and wanted to take your wife to France, Irish and wanted to take your wife to Ireland, Spanish and wanted to take your wife to Spain, etc...

 

However, as already said, the Surinder Singh judgement determined that an EEA national living and exercising a treaty right in a member state other than their own would have their freedom of movement rights restricted were their non EEA national family members living there with them unable to travel with them to their home state. So the judgement ruled that in that in such cases the non EEA family members could use the directive to obtain entry to the EEA national's home state provided they were travelling with or to join the EEA national.

 

For the non EEA national family members of a British citizen that would be an EEA family permit.

 

But you are not currently exercising a treaty right to live in another EEA member state and your wife does not live in that state with you. You and your wife live in Thailand, so do not fall under this judgement.

Edited February 8, 2017 by 7by7

[rasg]

9 hours ago, welshboy454 said:

I am a British passport holder and a UK citizen  therefore I am an EEA national if that was your point.

My point was this:

Dual citizens

Last modified: 11 February 2016

If you are a citizen of one of the countries listed above, other than the UK, and also have citizenship of another non-EEA country, you will be able to come to the UK under European law. In addition, your family members (if they are eligible to join you) will also be able to come to the UK with you or to join you, if they meet other criteria.

EEA country and a non-EEA country

If you are a citizen of one of the EEA countries, but not the UK,  and you also have citizenship of another non-EEA country, you will be able to come to the UK under European law. In addition, your family members (if they are eligible to join you) will also be able to come to the UK with you or to join you, if they meet other criteria.

UK and another EEA country

The UK government amended their EEA regulations to define an EEA as a ‘national of an EEA state who is not also a British citizen’. This was following a case heard at the Court of Justice of the European Union (CJEU) which stated that in order for an EU national to benefit from EU law, they had to exercise their right to reside in another EEA state of which they are not a citizen.

Therefore, unless you are a British citizen who has exercised a right to reside in another EEA country of which you are not a citizen (and meet other requirements) you will not benefit from EU law. This is likely only to be important to you if you would like to bring your non-EEA family members to the UK under EU law.

 

It all points, to me any way, that you can’t use the visa route you are proposing to bring your wife to the UK.

 

From the first paragraph, other than the UK, second paragraph, but not the UK, the third paragraph, The UK government amended their EEA regulations to define an EEA as a ‘national of an EEA state who is not also a British citizen’.

 

It seems pretty clear to me. Give it a try. You will waste a load of time and money and be rejected. If you get it maybe you will start a whole new way of bringing your wife to the UK called the welshboy454 route...

Edited February 8, 2017 by rasg

[Donutz]

7by7 's post just above this reply makes quite clear that a UK national taking his Thai spouse on holiday to the UK cannot get the EEA permit (except those who did the Surrinder Singh route though those won't need an EEA permit since a residence card stating 'family member of an EU national' already grands visa free travel when traveling together with the EU/EEA citizen).

 

Or perhaps I should say the UK won't issue an EEA permit to a Briton with Thai spouse traveling to the UK. Not unless the UK government would chose to apply directive 2004/38 to all UK nationals aswell, which the EU allows then to but the UK is not obligated to do and is rather unlikely to do as this would be seen as relaxation of visa and immigration rules.

 

This all is most evident if you check the Directive 2004/37 but you can also fi d this on the EU webpage on traveling with non EU family members:

 

----- EU webpage ------

 

Do they need a visa?

If you are an EU national but you have family members who are not, they can accompany or join you in another EU country. (...)

 

If you reside outside the EU and your non-EU family members accompany you or travel to the EU country of your nationality, EU cross-border rules do not necessarily apply and visa fees might be charged

 

-----

 

http://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm

 

And indeed the UK does not apply this to it's own nationals.

Edited February 8, 2017 by Donutz

[7by7]

40 minutes ago, rasg said:

The UK government amended their EEA regulations to define an EEA as a ‘national of an EEA state who is not also a British citizen’.

 

Actually, the British government didn't. do that. It is in the UK EEA regulations because it is in the directive itself.

 

See the link to and quote from the directive in my post above yours.

 

 

[grankboy]

Try and apply and let us all know the outcome, I'm sure we are all interested.

[welshboy454]

 

Many thanks to everyone who replied and particularly 7by7 who pointed out the snooker in the Directive . I checked the

Statutory Instruments
2006 No. 1003

IMMIGRATION
The Immigration (European Economic Area) Regulations 2006

 

Which contains the definition

“EEA national” means a national of an EEA State;

“EEA State” means—
(a)a member State, other than the United Kingdom

 

Needless to say I shall abandon the idea as that is pretty definitive.

 

[melvinmelvin]

11 hours ago, welshboy454 said:

I repeat we are thinking of applying for the free of charge EAA family permit valid for 6 months issued under an EU directive as an alternative to the Tourist visa issued under the Immigration Rules.

 

The  Guidance the Entry Clearance Officer must follow is below  and as I see it we comply with the criteria  so it must be issued.

 

Bob Russel and 7by7  - Where am I wrong in law ?

 

1. EUN2.1 What is an EEA family permit?

An EEA family permit is a document that we issue to make it easier for non-EEA family members of EEA nationals to travel with their EEA national or to join them in the UK. EEA family permits are issued under the Immigration (European Economic Area) Regulations 2006 and not the Immigration Rules. The permit is issued ahead of a person’s travel to the UK and is valid for six months and is free of charge.

As long as the non-EEA family member of an EEA national continues to meet the EEA Regulations they would not be considered as having ‘overstayed’ simply because the expiry date of their EEA family permit had passed.

An extended family member of an EEA national must obtain a Residence Card following the expiry of an EEA family permit or they will be considered an overstayer.

If the family member is not travelling with the EEA national or will not be joining them in the UK, they will not qualify for an EEA family permit and would need to apply for entry clearance under the Immigration Rules and pay the relevant fee if they want to come to the UK. An applicant who does not qualify for an EEA family permit can only be considered against the Immigration Rules once the specified fee is paid. Regulation 31 of the Immigration and Nationality (Fees) Regulations 2009 clearly says that if an application to be assessed under the Immigration rules is not accompanied by the specified fee, the application is not validly made. This is relevant to fiancés and proposed civil partners of EEA nationals as they are not considered as direct family members or extended family members under the EEA Regulations unless they can show they are a durable partner – see EUN 2.12.

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.

2. EUN2.2 Where can an EEA family permit be issued?

EEA family permits may be obtained from any visa issuing post. It is not necessary for an applicant to be lawfully or normally resident in the country to apply.

3. EUN2.3 How quickly do I need to issue an EEA family permit?

Priority must be given to applications for EEA family permits. Wherever possible a decision should be made at the time it is lodged or after an interview is conducted.

However, the Regulations do not say that EEA family permits must be issued on the day that the application is made. The Directive does allow Member States to take reasonable measures to ensure that freedom of movement is not obtained by deception. Where you suspect a marriage of convenience or even ‘sham’ employment for the purpose of freedom of movement, further enquiries should be made and credibility may be tested. As long as delays are justifiable, applications can be tested until the ECO is fully satisfied.

4. EUN2.4 What are the requirements for issuing an EEA family permit?

In assessing an application from an EEA national’s direct family member, the entry clearance officer(ECO) should be satisfied that:

1. the applicant is the family member of the EEA national (marriage certificate, birth certificate or other evidence of family link)
2. the EEA national is residing in the UK in accordance with the EEA Regulations (as qualified person (exercising treaty rights) if more than 3 months) and the non-EEA national is joining them; or the EEA national intends to travel to the UK within 6 months and will have a right to reside under the Regulations on arrival, and the non-EEA national will be accompanying or joining the EEA national; and
3. if applying as a spouse or civil partner, there are no grounds to consider that the marriage or civil partnership is one of convenience; and
4. if applying as dependent family members (dependent children 21 and over and dependent relatives) they are dependent on the EEA national or the EEA national’s spouse or civil partner; and
5. neither the applicant nor the EEA national should be excluded from the UK on the grounds of public policy, public security or public health.

In assessing an application from an EEA national’s extended family member, the ECO should consider whether:

1. the EEA national is residing in the UK in accordance with EEA Regulations (as qualified person (exercising Treaty Rights) if more than 3 months) or has permanent right of residence;
2. the applicant is an extended family member as defined in Regulation 8 (see Section EUN2.7 below for further information).
3. refusing the application would deter the EEA national from exercising his/her free movement rights;
4. in all circumstances, is it appropriate to issue a family permit.

It is important not to test overall intentions in assessing applications for an EEA family permit. Also, there is an initial right of residence for 3 months, which means that an EEA national does not have to be exercising a treaty right immediately on arrival in the UK.

If the applicant is the spouse/civil partner of the EEA national or a dependant child of either the EEA national or their spouse/civil partner is under 21 then they do not need to provide evidence of financial dependency and therefore this should not be requested from the applicant.

 

I think its quite correct what 7by7 wrote above.

 

If you are a UK national you must abide by UK rules. You cant dig out general EEA stipulations for Greeks and Norwegians  to circumvent EU legislation.