EEA Family Pemit and Spouse Visa

[happi.ocholloh]

Ok what gives here?

If Im from outside of Britain (EEA national) I can get my non eu wife to join me. I get same day priority and it costs nothing.

but if Im a British citizen (also EEA national) I pay 600 quid and spend months away from my wife hoping she can get in. For the privilege of bringing my wife to the country I am from and have paid huge amounts of taxes in.

This doesn't make sense? Is there a petition already up to change the law? Surely we are entitled to the same protection as other EU nationals. I just want my wife with me, We are not bothered about citizenship for her or anything like that, just to be together.

What gives? Where do I sign up for the protest against such injustice?

Surely the freedom of movement applies in genuine case of marriage

[Obie]

Freedom of movement for EEA national is covered by EC law.

The status of national who have never exercised their right of free movement, is purely an internal matter. There is a EU ruling to this effect.

The residency of you wife can only be considered under national rules as, you have never excerised your right to free movement in another memberstate.

[Wanderer]

Ok what gives here?

If Im from outside of Britain (EEA national) I can get my non eu wife to join me. I get same day priority and it costs nothing.

but if Im a British citizen (also EEA national) I pay 600 quid and spend months away from my wife hoping she can get in. For the privilege of bringing my wife to the country I am from and have paid huge amounts of taxes in.

This doesn't make sense? Is there a petition already up to change the law? Surely we are entitled to the same protection as other EU nationals. I just want my wife with me, We are not bothered about citizenship for her or anything like that, just to be together.

What gives? Where do I sign up for the protest against such injustice?

Surely the freedom of movement applies in genuine case of marriage

The system is designed for those unable to use their home state laws (cos they don't live there) and can't use local laws (cos they're not citizens) so the EU law provides. And in the spirit of the EU it happens to be free.

UK immigration was free not that long ago but we can blame the asylum burden and the rafts of dodgy students needing to be removed for that.

Just pay, we have to.

[happi.ocholloh]

I am paying but in the spirit of a true Brit not without a right old complaint about it, I should not be paying for the dodgy as you point out. The EU also recognise the right for a husband and wife to be together. Why should this then become a fiscal and temporal matter.
The simple fact is the dodgy will not be paying the cost that I am. There is a personal emotional cost for me to be without my wife. There is a personal fiscal cost to me.

In a dodgy business transaction that does not happen. It only hurts the genuine claimants

[happi.ocholloh]

and I have also worked in Spain so that may be covered. I also dont know the status of Ireland.

Thanks to all you guys though for making things make sense

[Wanderer]

I am paying but in the spirit of a true Brit not without a right old complaint about it, I should not be paying for the dodgy as you point out. The EU also recognise the right for a husband and wife to be together. Why should this then become a fiscal and temporal matter.
The simple fact is the dodgy will not be paying the cost that I am. There is a personal emotional cost for me to be without my wife. There is a personal fiscal cost to me.

In a dodgy business transaction that does not happen. It only hurts the genuine claimants

This is a debate I have and I quite agree, it's not fair we have to cover the costs of the thieves and vagabonds that blight our country.

I don't think ur previous Spanish and Eire residency will matter as u are not currently exercising a treaty right and thereby are excluded from the EEA immigration route.

If it's any consolation, the EEA route isn't so straightforward, takes 5/6 years for PR/citizenship and there are currently and have been for ages with no sign of improvement, long delays for the RC to prove the holder can work. It's not legally needed, but any wise employer will demand one in todays litigious environment.

In my view the HO stuffs the free of charge EEA apps to the back of the queue - this is The UK plc now; wanna stay? gotta pay!!!

[Obie]

Both Ireland and Spain are covered in the EU ruling, as they are part of the EU.
However, there is a requirement that your spouse or partner, was living with you in the memberstate in question, whiles you were working there.

You will also need documentary evidence to prove this.

If my assumption is correct, your wife has never lived with you in another memberstate, so she will not qualify.

[Wanderer]

Sorry, I meant 'will not matter'....

Confusing people!

[happi.ocholloh]

Extremely confusing, considering they are stating we can get the decision made in a day as opposed to months and more changes

In order to benefit from the Regulations it was a requirement that the family member must be arriving from another EU state where he or she was legally resident. However, on 25 July 2008 the European Court of Justice ruled that EU Directive 2004/38/EC prevents legislation by an EU state which requires non-EU spouses of an EU national to have been resident in another EU state. The Department of Justice, Equality and Law Reform have, therefore, removed this requirement and are reviewing all applications made for an EU family residence card since 28 April 2006, which were refused

So perhaps if this was the way then Ill quite happily move to Ireland so I can be with my wife and work in an English speaking place.

On my personal not Im just scared of the refusal and wasting 00 quid for nothing. I was in India for six months before coming back. I dont have the things they require to give it a 100% chance so its a hope and having to be without my wife is killing me.

thanks wanderer

[joe777]

In my view the HO stuffs the free of charge EEA apps to the back of the queue - this is The UK plc now; wanna stay? gotta pay!!!

maybe in the UK, but outside the uk, the British embassy have to process EEA apps as priority, before those married to brits