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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 9
Experience:  Moderator
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Hi there. I am a uk citizen but greek resident working in

Customer Question

Hi there.
I am a uk citizen but greek resident working in Greece for past 8 years with my own internt business. I married my Chinese wife 3 years ago She has a resdince permit for Greece as a family member of EU citizen which expires 2015 so we move freely in Schengen area. She has a 6 month multi visit family visit Visa for Uk which expires September. We are back in Greece now after the UK visit.
We paln to move back to the UK in October and I will register my business there. My income last year inc UK pension was approx 23000 euros.My wifes was zero. But she will be a director of my new company, earning 10,000 euros per annum.
We wish to apply for a permanent visa for uk as the wife of an eu national. If/when she gets granted her UK visa for work and live.. Does she have to give up her residence card for Greece. My business involves spending 4-5 months in France each winter.It is a winter sports tourist guide. So can she also be in France for 4-5 months instead of the Uk during her residence period. But will she need a schengen Visa each 3 months? If she loses her Greek permit. I hope this all makes sense..cheers XXXXX XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

In respect of applying for residence to the UK this would be done under the EEA regulations because you have been undertaking work in Greece and therefore qualify as an eea nation. Let me explain this further. She would not be applying under the immigration rules for a spouse visa. Therefore upon entry to the UK provided you show evidence that you have been working in Greece and you are now returning to the UK to settle she would be given an EEA family permit for 6 months. You then need to apply for an EEA residence permit after 6 months which will be valid for 5 years.

As a general rule, family members of British citizens do not qualify for an EEA family permit. Article 3 of the Directive essentially says that an EEA national cannot be considered as exercising freedom of movement in their own State -

This Directive shall apply to all Union citizens who move to or reside in a Member State other than that of which they are a national, and to their family members as defined in point 2 of Article 2 who accompany or join them.

However, where an EEA national has exercised a treaty right in another Member State as a worker or self-employed and they wish to return to their own State having exercised that right, certain provisions may apply in order for their non-EEA family members to qualify under the EEA Regulations.

A British national and his / her non-EEA national 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 (that is, 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 national spouse and children. On the British national's return to the UK, his non-EEA national family members can apply for an EEA family permit to join him under EC law.

The Surinder Singh judgment 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.
Applications for EEA family permits must meet the following criteria:

• The British citizen must be residing in an EEA Member State as a worker or self-employed person or have been doing so before returning to the UK.

• If the family member of the British citizen is their spouse or civil partner, they are living together in the EEA country or must have entered into the marriage or civil partnership and have been living together in the relevant EEA country before the British citizen returned to the UK.

Because EEA nationals have an initial three months right of residence in the UK, there is no requirement for the British national to be a qualified person on arrival. 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.

In respect of the dual residence permit because she will not be residing in Greece it should automatically invalidate the permit. The fact is that a permit is given to applicants residing in that particular country and if she is no longer residing then the permit should not be used.

If she settles in the UK with you then she would not be able to hold a permit for any other country because she cannot be resident in two countries at the same time, she would therefore not be able to use her Greece permit if she is issued with a residency permit to the UK. If she does try to use it and the Greece authority find out that she is no longer resident in Greece then she would get in to trouble with immigration. Therefore to be on the safe side she would obtain a visa if she wishes to travel to Europe.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards

Expert:  UK_Lawyer replied 3 years ago.
is there anything further I can assist you with?

Kind regards
Expert:  Nicola-mod replied 3 years ago.

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