EEA Family Permit (VAF5) OR Spouse Visa?

[AhmadSammy]

Hello,

I am writing for an enquiry regarding my situation. I am an Egyptian citizen married to a Polish citizen and currently residing in Poland. My wife is residing in the UK where she is working.
I do have Temporary Residence Card for one year (Karta Pobytu) allowing me to reside in Poland and any member of the Schengen states.

My wife has been naturalized 3 years ago and currently holding both English as well as Polish citizenship.

The question we are so desperate to find an answer to is:

In order to reunite and be able to live with my wife in the UK do I apply for an EEA Family Permit Visa (VAF5) given the fact that my wife is a Polish citizen living in the United Kingdom or do I need to apply for a Spouse Visa as a Non-EU spouse of an English citizen since she is now naturalized and holding English citizenship as well

We are aware of the requirements of both types of visas, but we need to know in which category does my case fall in?

Thanks and best of regards

[physicskate]

Hello,

I am writing for an enquiry regarding my situation. I am an Egyptian citizen married to a Polish citizen and currently residing in Poland. My wife is residing in the UK where she is working.
I do have Temporary Residence Card for one year (Karta Pobytu) allowing me to reside in Poland and any member of the Schengen states.

My wife has been naturalized 3 years ago and currently holding both English as well as Polish citizenship.

The question we are so desperate to find an answer to is:

In order to reunite and be able to live with my wife in the UK do I apply for an EEA Family Permit Visa (VAF5) given the fact that my wife is a Polish citizen living in the United Kingdom or do I need to apply for a Spouse Visa as a Non-EU spouse of an English citizen since she is now naturalized and holding English citizenship as well

We are aware of the requirements of both types of visas, but we need to know in which category does my case fall in?

Thanks and best of regards

If she is British and lives in Britain, it will be under British immigration law. EU law would only apply if she was moving back to the UK 'exercising treaty rights.'