UK residence card for Non EEA spouse

[jain236]

hi guys I am sure may people are in my situation, I am not sure I understood this correct or not but can some please help me with this? I am UK passport hold and my wife is Indian and on ILR , we were thinking to apply for Schengen visa for Norway for my wife as we are planning to visit there in august. while looking the visa requirements I have come across that if you have UK residence documentation then you don't need to apply for visa. then I started looking for UK Residence document for my wife and got this from the below linki feel I can apply UK residence car for my wife so that I don't have to apply visa and can use this in the future EU travel. can some please let me know that my understanding is correct? or did I miss anything? or I must apply Schengen visa for my wife for Norway travel

please help me on this. your help will be appreciated

https://www.gov.uk/apply-for-a-uk-residence-card

"You may be able to apply for a residence card if you’re from outside the European Economic Area (EEA) and you’re the family member, or extended family member, of an EEA national.

You don’t need to apply for a residence card as a family member but it can:
•help you re-enter the country more quickly and easily if you travel abroad
•show employers you’re allowed to work in the UK
•help prove you qualify for certain benefits and services"

"Exemption from the visa requirement for family members of EEA nationals:

If you hold an EU/EEA Residence card according to Article 10 of EU Directive 38/2004, you do not need a visa for visits up to 90 days to Norway.

In the UK this is a sticker in the passport entitled Residence Documentation. Type of Document: Residence Card of a Family Member of an EEA National. (See example below)"

[noajthan]

If wife has ILR she has a BRP for the UK migration route.

That is not the same as a residence card for those enjoying the EU migration route.

Your wife cannot apply for that RC as British citizens are not considered to be EEA nationals (in this context).

Get a Norway visitor visa.
Have a great trip, I've heard Norway is lovely this time of year.

[jain236]

If wife has ILR she has a BRP for the UK migration route.

That is not the same as a residence card for those enjoying the EU migration route.

Your wife cannot apply for that RC as British citizens are not considered to be EEA nationals (in this context).

Get a Norway visitor visa.
Have a great trip, I've heard Norway is lovely this time of year.

t
but can I apply for it? as I think my wife will be eligible as per the below.
also please see the link for more info.

https://www.gov.uk/apply-for-a-uk-resid ... ligibility

.You can apply for a residence card if you’re both:
from outside the European Economic Area (EEA)
the family member, or extended family member, of an EEA national who is a permanent resident or ‘qualified person’

[noajthan]

but can I apply for it? as I think my wife will be eligible as per the below.
also please see the link for more info.

https://www.gov.uk/apply-for-a-uk-resid ... ligibility

.You can apply for a residence card if you’re both:
from outside the European Economic Area (EEA)
the family member, or extended family member, of an EEA national who is a permanent resident or ‘qualified person’

I'm very familiar with the link, this question has come up many times before from people who think they are EEA nationals.

You can apply but you will be refused and waste £65+

You said you are British.
As just explained you do not qualify as you are not an EEA national in this context. And this is UK law even before any Brexit.

The only possible exception is if you have taken Surinder Singh route;
If you had your wife would already have a UK-issued RC and would not be holding ILR with a BRP.

[secret.simon]

To the OP:
The link that you refer is for (in the jargon of these forums)an Article 10 Residence Card.

They are issued to non-EEA family members of EEA citizens.

However, anybody holding British citizenship is not an EEA citizen within the UK.

As you are a British citizen, you are not an EEA citizen in the UK and hence your wife is ineligible for this Residence Card.

However, for the purposes of travelling to any other EEA country, you would be considered an EEA citizen in that country. So, you would be an EEA citizen in Norway, for example.

Your spouse is entitled to a free (apart from VFS/admin charges) and expedited Schengen visa. So, apply for it and travel Europe.

As an aside, I am hoping to visit Scandanavia this summer as well. Bon voyage.

To the mods: Would the EEA-Route applications or the General UK Immigration route or the Europe Immigration forums be a better location for this thread?

[Casa]

To the OP:
The link that you refer is for (in the jargon of these forums)an Article 10 Residence Card.

They are issued to non-EEA family members of EEA citizens.

However, anybody holding British citizenship is not an EEA citizen within the UK.

As you are a British citizen, you are not an EEA citizen in the UK and hence your wife is ineligible for this Residence Card.

However, for the purposes of travelling to any other EEA country, you would be considered an EEA citizen in that country. So, you would be an EEA citizen in Norway, for example.

Your spouse is entitled to a free (apart from VFS/admin charges) and expedited Schengen visa. So, apply for it and travel Europe.

As an aside, I am hoping to visit Scandanavia this summer as well. Bon voyage.

To the mods: Would the EEA-Route applications or the General UK Immigration route or the Europe Immigration forums be a better location for this thread?

Moved. Thanks

[jain236]

To the OP:
The link that you refer is for (in the jargon of these forums)an Article 10 Residence Card.

They are issued to non-EEA family members of EEA citizens.

However, anybody holding British citizenship is not an EEA citizen within the UK.

As you are a British citizen, you are not an EEA citizen in the UK and hence your wife is ineligible for this Residence Card.

However, for the purposes of travelling to any other EEA country, you would be considered an EEA citizen in that country. So, you would be an EEA citizen in Norway, for example.

Your spouse is entitled to a free (apart from VFS/admin charges) and expedited Schengen visa. So, apply for it and travel Europe.

As an aside, I am hoping to visit Scandanavia this summer as well. Bon voyage.

To the mods: Would the EEA-Route applications or the General UK Immigration route or the Europe Immigration forums be a better location for this thread?

Thanks for your reply, i would also like your suggestion on the following.
Actually my bro-in-law works in norway and we are planning to visit him during kids summer vaccation, we are a family of 4 and apart from my wife all hold british passport, my wife and kids are planning to go early mid of Aug and i am planning to join them end of aug.
so can i apply Norway visa based on my kids travel? i have booked tickets for my kids and wife early aug and we all return in end of aug? will there be any problem i apply my wife's norway visa based on my kids travel and british passport? also do i need to book accommodation to show for visa?

all help is appreciated

[CR001]

Your wife can apply for a normal Schengen tourist visa in her own right. Why do you think this is not the case?