Immigrationboards.com

Hello,

my wife (she's from Brazil) now has an EEA family permit. It says

D: 'EEA FP: FAMILY MEMBER: [TO ACC 'my name']

We already entered the UK once with it. I read this is a multi-entry visa. So my question is: how does it work from now on? Do I have to be with her every time she enters the UK (because it says "to acc")? Or can I be already in the UK when she enters?

Also, I am on business travel quite often. So when I am not in the UK because I am traveling at this particular time, can she enter or not?

Many thanks,
Peter

See a question about entering on a EEA Family Permit.

Thanks, so this seems to be the relevant part:

"She is allowed to travel alone if you reside in the UK and exercise treaty rights even if you are not physically in the UK when she travels."

Which brings me to the questions:

What does it mean to "reside in the UK", and to "exercise treaty rights"?

Am I correct to assume that the answer is different for the first three months then later (there's some law somewhere saying that I, an EU national, have unrestricted rights staying in the UK for three months, as far as I remember)? So in the first three months, no border official can require any further "proof" from her?

Also: How can I (or better she) generally prove that I am residing and exercising treaty rights in the UK to the immigration officer? What would be a good way for her to do this? The EEA family permit alone does not seem to be enough, right?

Sorry for all the questions, but I find the regulations very confusing!

Thanks!

If she has a EEA Family Permit, no one will ask her for any additional proof. I never heard that someone was asked to provide such proof.

She might occasionally be asked where is her husband, any answer such as "home", "waiting for me in the arrival hall", "on a business trip to Japan", "not sure but I can call his UK mobile and ask" or simply not answering should be fine.

Even if they suspect something is out of the ordinary, they need to let her in the country and give her reasonable time (a few days) to produce such proof.

PeterM wrote:Thanks, so this seems to be the relevant part:

"She is allowed to travel alone if you reside in the UK and exercise treaty rights even if you are not physically in the UK when she travels."

Which brings me to the questions:

What does it mean to "reside in the UK", and to "exercise treaty rights"?

Am I correct to assume that the answer is different for the first three months then later (there's some law somewhere saying that I, an EU national, have unrestricted rights staying in the UK for three months, as far as I remember)? So in the first three months, no border official can require any further "proof" from her?

Also: How can I (or better she) generally prove that I am residing and exercising treaty rights in the UK to the immigration officer? What would be a good way for her to do this? The EEA family permit alone does not seem to be enough, right?

Sorry for all the questions, but I find the regulations very confusing!

Thanks!

What do you do in the UK? Are you working, a student or self-sufficient (these are all examples of treaty rights)? Do you live in the UK? If yes to both, then you're fine.

Does your wife intend to get a residence card? I would suggest she does.

A Brazilian national need not have applied for a family permit in the first instance, but that's another story.