spouses of British subjects having difficulty entering the uk

I see that not many people are aware of the current EU law regarding British subjects exercising a treaty right in another EU country. My husband is Indian, we were married in Italy. He would almost certainly be refused a visa if I returned to the UK and then applied for the spouse visa as he, as a pizza chef, would not be considered a skilled worker. HOWEVER, a British subject who has worked in another EU country for 6 months or more can bring their spouse to the UK without a visa, he or she can work and take up a residency permit in the UK.

To explain better this case: a British subject can go to Italy, get a job as an English teacher with a min 6 month contract (apply to the local council for an identity card, easily given to EU nationals, EU nationals no longer require a permit to stay in Italy). The British subject, under Italian law, can then bring the spouse to Italy as he / she is a member of an EU state and so the Italian embassy will issue a visa to the spouse of an EU state member, it is not required that the spouse can speak Italian and the sponsor only has to earn € 600 a month (about £400)to be eligible to support the spouse. After 6 months the British national applies to the British embassy in Rome for the EEA family permit, which the British embassy under European law cannot refuse. Please see section 21.4.8 on the UK visa's website.

"21.4.8 Non-EEA Family Members of British Nationals (Surinder Singh cases)
A British national and his/her non-EEA family members can only benefit from free movement rights if they meet the criteria established in the ECJ case of Surinder Singh. The case stated that nationals of a Member State who are exercising an economic Treaty right (i.e as a worker or self-employed person) in another Member State will, on return to their home state, be entitled to bring their non-EEA family members to join them under EC law.

Example: A British national is exercising an economic Treaty right in Germany and living with his non-EEA spouse and children. On the British national's return to the UK, his non-EEA family members can apply for an EEA family permit to join him under EC law.

The Surinder Singh judgement is incorporated into the EEA Regulations in Regulation 9. Family members of British nationals who meet the requirements of Regulation 9 are treated as family members of EEA nationals for the purposes of the EEA Regulations."

I hope this is of help to any British nationals having difficulty bringing their spouse to the UK.

Good luck

kate 19 Feb 2008, 10:50 - Report