EEA Family member Visa

[joel28]

Dear all,

Let me introduce my status. Me and my spouse got married in Sweden since March, 2007. She is from Poland and I am from Pakistan. On EEA family member basis I got Swedish residence card for five years. Expiring in 2012.We have now one year old daughter and she has Polish nationality. In September, 2007 I moved to UK on working holiday basis(visa date may,2007-May,2009).But my wife was still in Sweden and she been on child benefits. I am working full time in Uk. Two months before I have applied for EEA family visa (EEA2) on EEA self sufficient member basis. And I have received acknowledgement letter, which says I have right to live and work in the UK until my decision is due.

1) Now as she doesn’t like to stay in UK and she has intension to go back in Sweden. In worst case if she go back in Sweden and start working there would it affect my application during and after decision? Aassume I get right to stay for five years. Can I keep enjoying the right to stay in UK while she is in Sweden?

Please assist me in this regard.
Thanks

[Rozen]

Dear all,

Let me introduce my status. Me and my spouse got married in Sweden since March, 2007. She is from Poland and I am from Pakistan. On EEA family member basis I got Swedish residence card for five years. Expiring in 2012.We have now one year old daughter and she has Polish nationality. In September, 2007 I moved to UK on working holiday basis(visa date may,2007-May,2009).But my wife was still in Sweden and she been on child benefits. I am working full time in Uk. Two months before I have applied for EEA family visa (EEA2) on EEA self sufficient member basis. And I have received acknowledgement letter, which says I have right to live and work in the UK until my decision is due.

1) Now as she doesn’t like to stay in UK and she has intension to go back in Sweden. In worst case if she go back in Sweden and start working there would it affect my application during and after decision? Aassume I get right to stay for five years. Can I keep enjoying the right to stay in UK while she is in Sweden?

Please assist me in this regard.
Thanks

NO, you cannot continue to enjoy your EU rights in the UK, while she is living in Sweden. Your EU rights in the UK are based on your EU partner exercising their treaty rights over there, which clearly, she will not be doing. Your Residence Card, if issued, will become null and void once she has permanently left the UK. Sorry.

[joel28]

Rozen,
Thanks for the prompt response. Is there any way she could has UK as a primary home and Sweden as a secondary home. If she doesn’t leave the UK permanently, to prove that she is exercising treaty right (self sufficient). Would it be any option like she could keep visiting UK with in each three or six months and she doesn’t not work in Sweden?

[Directive/2004/38/EC]

There is certainly nothing to keep you (as a couple) from having two homes, one in Sweden and one in the UK. It costs a lot of money, but is doable.

But… Your free movement rights are dependent on your wife also being here and you doing things together.

She needs to be working or she needs to be self-sufficient. She could also be retired, or a student, but I assume neither is true in this case.

She also needs to be present. If she is here most of the time, then it is no problem. If she is here one week every six months, you may have a challenge getting a Residence Card issued.

Can I ask why you are living in two different countries? Is this a short term or long term arrangement?

[joel28]

Thanks for the reply

These are almost short term arrangements (about one year).

How would you define the time spam she is obliged to be present in uk to keep the legal requirements?

During her visit in Sweden would she be able to work also?

On the basis that I am working full time I have been told by the home office that your EU spouse have right to exercise self-sufficient. As she is non active member (self-sufficient), how would it prove as an evidence of residence in the UK after certain period of time, if I will be entitled to apply for permanent residence in UK. Would the bank statements will be enough proof of her presence in UK?

[Directive/2004/38/EC]

Permanent residence is not something you have to deal with for 5 years. If you say this is temporary, then she will be here then (or you will be there) and it should be easy for both of you.