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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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there, I am a British citizen. My wife is American. We

Customer Question

Hello there, I am a British citizen. My wife is American. We are currently living in France, but wish to reside permanently in the UK. What exactly does my wife need in order for us to successfully complete the process? My son has a similar situation, but his wife is Russian. They live with us. We are currently registered with the authorities here where we are renting. The Mayor of the village has given us written proof.
Submitted: 1 year ago.
Category: Law
Expert:  UK_Lawyer replied 1 year ago.
Hi, thank you for your question, I will be happy to help you today.
Could you confirm how long you have been living in France?
What kind of work are you undertaking?
could you also explain how long has your son been living in the UK with his partner and is he working in France?
Kind regards
Customer: replied 1 year ago.

Thanks for the reply. We have been in France since the 6th of November. We have a rental lease until June. My wife and I are retired and are financially stable. My son and his wife live with us. They have been here since 4th of September. My son holds a UK passport. His 7 month old son was born in Ireland before we came over to France. He is a 3D graphics artist and works from home on the internet. He is not employed in France.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.
In respect of your matter you would have two options, the first would be trying to apply under the EEA regulations and not under the immigration rules:
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.
The above may be more relevant to your son than to you, if this is the case then your son could either apply for an EEA family permit prior to entry to the UK or if possible obtain the non-EEA family permit on arrival to the UK (this would be possible only if the airline allow her to travel to the UK without a visa). The permit will be issued for 6 month and then once your daughter in law is in the UK she can then switch to a 5 year permit under the EEA regulations.
This would be the simplest way of obtain a settlement visa for the UK.
The second option would be to apply for a settlement visa under the immigration rules. This would mean for you that you would need to show earnings of at least £18,600 gross per year or savings of £62,500.00 in your account for 6 consecutive months prior to submitting an application to the home office. More information on how to meet the financial requirement can be found at the following link:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf
If is the financial requirement with the most difficult part of a settlement application under the immigration , if you meet the above then you may apply under the immigration rules. There is also a fee with this application, where as the EEA application is free of charge.
Both applications can be made online using the following link:
https://www.visa4uk.fco.gov.uk/
In any event I understand the above information is a lot to take in, if you have any further questions, please do not hesitate to ask.
Kind regards
Customer: replied 1 year ago.

Thank-you for your reply. I have some more questions. Please define EEA EC and ECJ. Do I have to be a resident of France before my wife can immigrate to the UK? and the same for my son and his wife and child?

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.
I believe that all your questions will be best explained in the following link:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/294755/FOI_30270_-_Annex_B_-_Notice_02-2014_-_Surinder_Singh_-_redacted.pdf
Kind regards
Expert:  UK_Lawyer replied 1 year ago.
I hope this answers your question, if so please provide a rating so I can get credited for my time.
Kind regards
Expert:  UK_Lawyer replied 1 year ago.
I look forward to your rating.
Kind regards

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