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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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New regulations coming into force on 7th April this year, regarding

Customer Question

New regulations coming into force on 7th April this year, regarding the absolute right of admission to the UK of a non EU family member who holds either an Estonian or German residency card. I am a UK(EU)citizen and my wife is Russian. We both work, live and have Estonian residency cards.
Question 1. Will this new rule allow me to bring my wife into this country without a visa?
Question 2. What would be the best way to get her in, avoiding irritating border guards( who have no idea of the law) and detention rooms.
Regards
Stuart
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

How long have you lived in Estonia and what were you doing there?
Customer: replied 2 years ago.

We are still there. I got a job with an Estonian Law firm as an advisor in April 2013. My wife joined me from Russia in July 2013. She works in a factory. We live in a flat rent free belonging to my sisters Estonian company.


I am a non executive director of that company. We want to visit my parents.

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

If her residence card says family member of a union citizen, she should be fine to come to the UK visa free.

Flying in would be easiest.

You may wish to obtain written confirmation from the UK Border Agency that she will be allowed into the UK on her Estonian RC. http://www.ukba.homeoffice.gov.uk/aboutus/contact/contactspage/eea-enquiries/

All the best
Customer: replied 2 years ago.

An airline will not accept a residency card to the UK. She simply would not be allowed on the plane without a visa. Airlines have no idea of these EU laws.


Actually neither do UK border guards. Can you confirm that the fact I am also a UK citizen , would in no way compromise her right to enter the UK with me?


.I think it is unlikely the UK border Agency would help in any way. How would I contact them ? It is almost impossible to get in touch with them. How would I do it?

Expert:  UKSolicitorJA replied 2 years ago.
In that case your wife should apply for an EEA Family Permit under the Surinder Singh case as you are exercising treaty rights in an EU country other than the UK and you are treated as an EEA national.

See here for further information:http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/eun/eun2/

All the best

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