EEA permit for british citizen spouse in EU

[cubanguy]

I’am non EU citizen, married for 10 years to a British National.
Both living and working in an EEA country (Luxembourg) for almost 3 years now. I have a Luxembourgish Residence Permit ( Carte de Sejour de Member de Famille)
I had been granted several UK visas. I had lived in the UK, even had Leave to Remain card.
My question is: Can we apply for an EEA family permit, to visit UK, with my wife and British passport holder son? Note, we are not moving back, it’s just short visits periods.
If so, its 6 months the maximum validity, and I would need to have my biometric taken, again?
If not, there are alternative to a long term visa that I refuse, and won’t pay in any case.
We can plan apply for a visa in Christmas or other occasions, but what about a family eventuality?
Thanks

[Jambo]

Can we apply for an EEA family permit, to visit UK, with my wife and British passport holder son? Note, we are not moving back, it’s just short visits periods.

Yes. See EUN2.14 Can family members of British citizens qualify for an EEA family permit? ('Surinder Singh' cases).

If so, its 6 months the maximum validity, and I would need to have my biometric taken, again?

Yes.

Are you a 'visa national'? See also Q1 in EEA FAQs - Common Questions - Read before posting - EEA Family Permit.

[Directive/2004/38/EC]

Jambo's links are good.

See also http://eumovement.wordpress.com/2010/08 ... to-travel/ but note that you will still need to carry proof that the UK citizen had been working

[cubanguy]

thanks,
This is the bit I’ve missed.

"Therefore, an EEA family permit can be issued to the non-EEA national family member of a British national even if they are only visiting the UK with the British national before returning to the Member State where they are resident"

I think that in the spirit of the Free Movement Law, non-EU spouses with residence permit in an EEA country should be entitled to Free long term Uk visa. At least for the Uk national spouses. We shouldn’t have to pay to exercise that right. [/quote]

[Directive/2004/38/EC]

I think that in the spirit of the Free Movement Law, non-EU spouses with residence permit in an EEA country should be entitled to Free long term Uk visa. At least for the Uk national spouses. We shouldn’t have to pay to exercise that right.

First of all, UKBA does not have any policy related to the "spirit of the law".

Under EU law, the free movement visa is simply an entry visa. It is almost intentionally not long term.

And it is pretty optional, especially if the family member comes from a non-visa-requiring country like Japan, US, Canada, Australia,....

[cubanguy]

".

Under EU law, the free movement visa is simply an entry visa. It is almost intentionally not long term.

And it is pretty optional, especially if the family member comes from a non-visa-requiring country like Japan, US, Canada, Australia,....

[/quote]



Unfortunaly I’m a visa national, So I guess the easiness an the non-cost part of the law does not apply to my.
From the point that you have to deal with WorldBridge, that charge for everything including Calls. Long distance displacement to get the biometric done, again and again…Now they are charging 100 for a Visa. I’m going to the Uk to spend my money in sticky floor pubs and over price wine at sainburys. If you want to go to the world class beaches in my country, just need to pay 15 € at the counter in the airport, et voila, you get the entry visa.

[cubanguy]

I've found this:
CHAPTER 2
RIGHTS OF NON-EEA NATIONAL FAMILY MEMBERS OF EUROPEAN ECONOMIC AREA (EEA) NATIONALS
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
The point 2.5.1 (page 7) is about Surinder Singh case and regulation 9
In section 3.2 information on issuing a residence card in SURINDER SINGH cases
Said:
Successful non-EEA national family member applicants are issued with a
residence card, valid for 5 years.
•The British spouse/family member is not issued with a registration certificate.
•A non-EEA national family member issued with an EEA family permit (in accordance with SURINDER SINGH criteria) would not then qualify for leaveto remain in the UK under the immigration rules, as s/he would not have valid leave in the UK at the time of application. S/he should instead be issued with a residence card (as highlighted in the first bullet point).
•The non-EEA national family member may qualify for permanent residence after 5 years.

[Jambo]

This is all very nice but not really relevant as you stated "Note, we are not moving back, it’s just short visits periods. " so a UK residence card is not relevant (it's not a long term visa, it is a residence card).