EEA Family permit for wife. What can they ask for?

Hello all,

My young brother just married a girl for Peru.
He is a dual national, Irish and British living in the UK.

When he went to the British Embassy to get an EEA family permit, they
said
1. It's different cos he's British and she'd have to check. EEA family
permit might not apply.
2. they need his birth certificate (British)
3. They need to interview his wife.

Far as I knew, all's they were allowed to do was verify he was an EEA
national by seeing his passport, seeing the marriage certificate and
the wife's passport and that is all.

But all's the delays and questions and heeing and hawing makes me think
that either the lady doesn't know what she's talking about or it's been
changed or it's me doesn't know what I'm talking about.

Any ideas which is it?

xxdanbrowne@gmail.com wrote:



Why does he want to sponsor for an EEA permit in the first place? As
opposed a regular spousal visa which typically gives the spouse more
security in the UK and an easier/quicker route to settled status and
British citizenship.

Unless he's going to have problems proving the bona-fides of his marriage -
is that the case?

This second query got me searching for what I KNEW had to be there, and
here it is:

21.7 - Dual Nationals
In a recent after entry case involving an application from a non-EEA
family member of a dual British/other EEA national for a residence
document, the European Commission queried the Home Office's practice
of treating such dual nationals as British when deciding the family
member's application. It has been decided as a result that in future
an applicant for entry clearance who is a non-EEA family member of a
dual British/EEA national may opt to have his application decided under
the provisions of either:

* the order (where the EEA dual national opts to rely on his other,
eg Irish citizenship); or
* the Immigration Rules (where the EEA dual national opts to reply
on his British citizenship).

http://tinyurl.com/d53mq or
http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1036679156328#point%20five%20one

Never again will I resent the billions of dollars the inventors of
Google have earned...

Whether one is better off with an EEA permit or a British dependent's
permit depends on particular circumstances. The choice of the form
entry clearance made at the Embassy does not bind you forever.

Tam

JAJ wrote:

Simply quicker.
And FREE.
Also, two years down the line he should be able to opt to be treated as
a British citizen and get her ILR two years ahead of schedule.
Unless I'm mistaken.

Thanks.

xxdanbrowne@gmail.com wrote:


I am not sure if the Home Office will allow an EEA permit holder to switch
to ILR after 2 years (as opposed to four normally, and then only if the
person or the spouse has been in employment).

And an EEA permit leaves the person in a more difficult situation compared
to a spouse visa should the relationship end for any reason.

Speed of processing and cost at the outset are not the only factors to
consider.

JAJ wrote:



Actually EEA permits are far easier to get (they must be granted within
24 hours) whereas a spousal visa takes months and you are not entitled
to it. It may be granted, or it may not. Being married to a British
citizen does NOT give one the automatic right to settle in the UK.
Being married to a non-UK EU citizen does. This is due to the fact that
the UK opted out of the social chapter of the Maastricht treaty.

Marco

marcdein@yahoo.co.uk wrote:

It is not quite as automatic as you suggest. For example if the ECO
dealing with the application thinks that the marriage is a "marriage of
convenience" then he/she has every right to refuse.

The global statistics issued by IND show that whilst the rejection
percentage is very low, it is not correct to suggest that the success
rate is 100%.

John wrote:




And I would ask the question how many *genuine* spouse visa applicants are
refused?

marcdein@yahoo.co.uk schrieb:



What about spouses of young Danish citizens wishing to live in Danmark?
Did Danmark opt out?

Regards, ULF

John wrote:




Sorry, I didn't mean to suggest it was automatic. When my wife applied
we were told it would be useful if we enclosed proof of my employment
in the UK (letter from my employer and some pay slips). However nobody
ever interviewed us, and there was no way for them to tell it was not a
"marriage of convenience". The only restriction is that the UK-based
partner must be in permanent employment. If he or she is, then the
consulate has to grant an EEA family permit. Once the permit is
granted, the non-EU spouse has six months to apply for an ordinary
residence permit, but this can be done in the UK.

Ulf Kutzner wrote:



From what I've read it's only the UK which opted out. See[/quote]

http://www.angelfire.com/mac/egmatthews/worldinfo/europe/eu.html