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EU pensioner in the UK and a non-EU wife

Posted: Thu Feb 16, 2017 9:18 am
by notrouble
Hey there, 2 related questions for all of you.

Question 1:

An older (65 year-old) male (Eastern-European EU national) lives in the UK, and has a UK pension (and hence his income is below 18000 pounds a year). He does not own a property in the UK. If he marries a non-EU lady (she is also 65 years old), will she be able to join him in the UK (through the EU route) or will he have to show some level of income in addition to his pension?

Question 2: this non-EU lady currently lives with her EU-national son in Spain (and so has a 5 year EU Family card issued by the Spanish authorities under the Freedom of Movement directive). She also has a small pension from her home country. Would she be able to come visa-free (accompanied by her son) to the UK and to apply when there to join her husband? Or will she have to apply for a UK visa in Spain before going to the UK?

The marriage is to take place in Spain or Gibraltar.

Thank you for your feedback and comments!

Re: EU pensioner in the UK and a non-EU wife

Posted: Thu Feb 16, 2017 10:41 am
by Obie
Did you work in the UK and retired from a UK employer?

Re: EU pensioner in the UK and a non-EU wife

Posted: Thu Feb 16, 2017 2:24 pm
by notrouble
Obie wrote:Did you work in the UK and retired from a UK employer?
Hey Obie,

Yes, the person in question worked in the UK before retiring there. He then formally retired and has a basic state pension (if I understand it correctly a portion of his pension comes from his home EU country, and another part is paid by the UK).

Re: EU pensioner in the UK and a non-EU wife

Posted: Thu Feb 16, 2017 5:51 pm
by Obie
Will the partner will qualify under regulation 15 (1)(d) if he is a worker who has ceased activity as you said.

Re: EU pensioner in the UK and a non-EU wife

Posted: Thu Feb 16, 2017 9:34 pm
by notrouble
Obie wrote:Will the partner will qualify under regulation 15 (1)(d) if he is a worker who has ceased activity as you said.
Hey Obie, thanks for this positive comment!

If I understand, the Eastern European EU national can (should?) first apply to be recognised as a permanent resident (according to that regulation that you mentioned?

I guess this needs to be done first before he gets married and applies to have his wife join him in the UK?

Do permanent resident EU nationals in the U.K. have another set of rules apply to them when it comes to family reunification rights?

Re: EU pensioner in the UK and a non-EU wife

Posted: Sun Feb 19, 2017 9:46 pm
by notrouble
Any thoughts?

Re: EU pensioner in the UK and a non-EU wife

Posted: Sun Feb 19, 2017 9:53 pm
by Obie
The couple can marriage at any time of their choosing.