My intention here is to provide the framework from which applications under European Law which may be of help to both E.U. Citizens (wishing to live anywhere in Europe)and also the current exceptions that allow a British Citizen to be treated as a general E.U. Citizen on returning to the UK with their non EEA Family. Hopefully this will turn into a sticky so perhaps as I build the thread questions and comments can be in a secondary thread Admin is it possible to lock this but give me access to continue?
Directive/2004/38/EC (5) The right of all Union citizens to move and re side freely within the territory of the Member States should, if it is to be exercised under objective conditions of freedom and dignity, be also granted to their family members, irrespec tive of nationality. For the purposes of this Directive, the definition of "family member" s hould also include the regi stered partner if the legislation of the host Member State treats regi stered partnership as eq uivalent to marriage. The Directive can be seen here complete http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/annexb.pdf?view=Binary
I typed this no cut and paste here lol From this Directive particularly number 5 Any E.U. Citizen has the right to move to any other E.U. state and be accompanied/joined by his/her family. Family here means Spouse Any children of either or both partners under 21 Dependant Parents of either Registered same sex partners (Only in states that recognise these relationships To do this any non E.U. Passport holders should apply for entry clearance to the nearest Embassy of the E.U. Country they wish to travel to. They need to provide Only a valid ID document (passport) A copy of their E.U. spouse passport. A Marriage Certificate and for Children /Dependant Parents Passports and Birth certificates No other information is required beyond travel dates/tickets No financial or as to the intention of entry may be asked for In the UK this type of application is called an EEA Family Permit and is valid for 6 months for entry. European law says that all such applications for entry clearance should be issued as a matter of urgency as near to immediatly as possible and at no cost In the Shengan Zone it is in fact a shengan visa that is issued it has a validity of 90 days and you need to check what the local countries registration rules are some will require the non eea family members to report to local immigration within 3 days of entry to their territory Portugal is an example. During the first 3 months of the EEA Nationals entry there are no conditions to be met as automatic residence is granted after this period the EEA National must be exersizing treaty rights either as a Worker Self Employed Student Self sufficient Person The last two require comprehensive sickness insurance for the entire family You cannot normaly exersize these rights in your Country of Birth how ever having been either a worker or self employed in another state and having lived there as residents with your non EEA Family, they may return to your home state with you as if you were E.U. Citizen entering your country of birth. You in this situation do not have to perfom any economic activety apon return and are qualified by you absolute right of abode. Your Family must be treated exactly the same way as the E.U.Citizen, can work, pursue study etc You may apon such return either apply for an EEA Family Permit or Seek admission at Port by showing your Residence permit ,Marriage certificate and demonstrating your spouse has been a worker or self employed and that you have all been residents living together in the other state
And following on from the Singh information just above for Nationals having exersized treaty rights abroad as a worker or self employed is the icing on the cake the Eindt Judgement http://www.bailii.org/eu/cases/EUECJ/2007/C29105.html This basicly confirms the right to return to your home country with your Spouse with out having to be "economicaly active" So in these circumstances you DONT Have to be "qualified within 3 months" or in fact ever as you achieve this by being a National of that country and the rights of your family are derived solely from your activities in another member state in which you all resided