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UK citizen returning to the UK with non-EU wife

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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rolando
Newly Registered
Posts: 6
Joined: Wed Apr 11, 2012 4:01 pm

UK citizen returning to the UK with non-EU wife

Post by rolando » Wed Apr 11, 2012 4:12 pm

In essence, I am a UK citizen. My wife is a non-EEA citizen. We have been living together in France for 3 months, where I have been self-employed.

We want to return to the UK to live there. As I have been working outside of the UK, my wife has been granted an EEA Family Permit for her entry clearance into the UK.

Can my wife apply for a RC on arrival in the UK? I have heard that there is an ECJ case which states that I don't actually need to be employed/self-employed in the UK for my wife to qualify for a RC? Is this correct?
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Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Wed Apr 11, 2012 4:20 pm

Correct. This was established in Case C-291/05 - Eind.

For the RC application, you will need to provide similar evidence you provided for the EEA Family Permit showing your activities in France. You might find that the form for RC application (EEA2) is not well structured to cover cases similar to yours but this should not affect the application.
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EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Wed Apr 11, 2012 10:14 pm

If the form does not suit, a good covering letter will help.
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Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Thu Apr 12, 2012 12:42 am

Interesting is that you are not required to submit an RC application on a particular form. You can just write out your application, with a nice cover letter including all the required information.

I do not know anyone who has done this, but...
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EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Thu Apr 12, 2012 8:07 pm

Directive/2004/38/EC wrote:Interesting is that you are not required to submit an RC application on a particular form. You can just write out your application, with a nice cover letter including all the required information.

I do not know anyone who has done this, but...
You are absolutely right, the form is not mandatory. Personally, I've filled in the relevant parts of the form, but you can end up with quite a number of superfluous pages.
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rolando
Newly Registered
Posts: 6
Joined: Wed Apr 11, 2012 4:01 pm

Post by rolando » Thu May 10, 2012 12:58 am

EUsmileWEallsmile wrote:
Directive/2004/38/EC wrote:Interesting is that you are not required to submit an RC application on a particular form. You can just write out your application, with a nice cover letter including all the required information.

I do not know anyone who has done this, but...
You are absolutely right, the form is not mandatory. Personally, I've filled in the relevant parts of the form, but you can end up with quite a number of superfluous pages.
Has anyone on here had success obtaining an RC on the basis of Eind?
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daddy
Member of Standing
Posts: 266
Joined: Fri Dec 25, 2009 12:08 am

Re: UK citizen returning to the UK with non-EU wife

Post by daddy » Thu May 10, 2012 1:25 am

rolando wrote:In essence, I am a UK citizen. My wife is a non-EEA citizen. We have been living together in France for 3 months, where I have been self-employed.

We want to return to the UK to live there. As I have been working outside of the UK, my wife has been granted an EEA Family Permit for her entry clearance into the UK.

Can my wife apply for a RC on arrival in the UK? I have heard that there is an ECJ case which states that I don't actually need to be employed/self-employed in the UK for my wife to qualify for a RC? Is this correct?
Congrats, Orlando. Please could you help me also with information regarding your application? eg what documents did you submit for your wife's application for family permit? I am about to apply for one, could you help me pls?
Thanks,
Daddy.
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