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EEA2 for Aussie married to Brit
Posted: Mon Dec 12, 2011 4:49 pm
by smithfield1
Hi all,
Hope someone can help!
I'm British and living in the UK. I married my Aussie wife (in the UK) last year and she's currently on a FLR visa with one year to go. We were expecting to apply for the ILR next year until someone mentioned the EEA2.
Would she be eligibile to apply for the EEA2? She's been living her for over 3 years now and has been working continuously for said 3 years. I am employed and have been continuously for about 15 years.
Any help would be greatly appreciated!
Posted: Mon Dec 12, 2011 5:29 pm
by Lucapooka
She is not on the EU immigration track so it's applicable to her situation. But why does she think she needs a residence card given that she has a legal residence status that will lead to permanent settlement?
Posted: Mon Dec 12, 2011 8:59 pm
by smithfield1
Many thanks for you reply!
Basically, the stress and expense of the FLR last year was so great that we'd like to avoid the same scenario next year (when her 2 year FLR expires) when it would be time to apply for the ILR.
I believe the ILR would cost approx £1,300 and she'd need to take a 'Life in the UK Test' which is yet more hassle.
Would you happen to know of any negatives to applying for the EEA2 rather than the ILR?
Many thanks again!
Posted: Mon Dec 12, 2011 9:07 pm
by Kitty
As a British national, you can only make use of the European track in this way if you are returning to the UK from exercising treaty rights (working, basically) in another EEA state.
So if you went and worked in Ireland, say, then you could be treated as an EEA national upon returning to the UK. Your wife could then obtain residence documentation under the European track.
Google "EEA Surinder Singh" to see how it works.
Posted: Mon Dec 12, 2011 9:26 pm
by Greenie
Personally - you would be pretty unwise to choose to go down the EEA route now (that is, if you qualify to do so) given that your wife is only a year away from ILR. To obtain PR under the EEA route she would have to complete 5 years under the regulations - assuming you haven't recently returned from living and working in the EEA with your wife, this would mean leaving the UK, working in the EEA for around 6 months, and then coming back and then your wife having to spend another 5 years before qualifying for PR.