Forum Immigration UK

Forum of expats in the Immigration UK: Ask questions and participate to discussions concerning expatriation.

  Search the whole website

  User's Charter  -  Help  -  Terms and Rules  -  Privacy Policy

✎ EN Res Card of Fam Member of an EEA National on a BRP ?
    

Discussion in 'Immigration UK' started by alecandrew, Jan 29, 2018.

  1. alecandrew

    alecandrew New Member

    Joined:
    Jan 29, 2018
    Messages:
    2
    Likes Received:
    0
    Gender:
    Male
    Living In:
    United Kingdom
    Nationality:
    British (GB)
    Languages:
    English, French
    Hello,
    I am a dual British / French national.
    My Indian wife joined me in the UK and received a "spouse - Leave to Enter - Work permitted" British Residence Permit. We applied for this through my British passport.

    As I am also French, from the EEA, I would like to ask if anybody please knows if it is possible to "add" to her British Residence Permit "Residence Card of a Family Member of an EEA National". This text is not present on the card at this moment.

    Thank you in advance for your help !
     
    #1 alecandrew, Jan 29, 2018
  2. Cyrilexpat

    Cyrilexpat Administrator
    Staff Member Editor

    Joined:
    Oct 5, 2012
    Messages:
    10,624
    Likes Received:
    65
    Gender:
    Male
    City:
    London
    Living In:
    United Kingdom
    Nationality:
    French (FR)
    Languages:
    Français, English, Italiano (un pó)
    The BRP gives her the same right, whatever she is a family member of a EEA national.
    I assume you are asking that in the forecast of changes with Brexit.
    When Britain leaves completely the EU (as of today the EU commission said that they will request freedom of movement for the interim period), maybe in 2021, and if there is no specific agreement with specific documents to sustain I assume you will need to request a Schengen Visa for her (that she should get).

    However you might consider asking for the French nationality for your wife (I think after 3 or 5 years of being married, can't remember) so it should be easier then.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    #2 Cyrilexpat, Jan 29, 2018
  3. alecandrew

    alecandrew New Member

    Joined:
    Jan 29, 2018
    Messages:
    2
    Likes Received:
    0
    Gender:
    Male
    Living In:
    United Kingdom
    Nationality:
    British (GB)
    Languages:
    English, French
    Merci,
    The reason I was asking was for the purpose of planning a trip to France. If she has a BRP without the text "family member of an EU citizen" then it is less straightforward to plan, as a Shengen VISA is required.
     
    #3 alecandrew, Jan 29, 2018
  4. Cyrilexpat

    Cyrilexpat Administrator
    Staff Member Editor

    Joined:
    Oct 5, 2012
    Messages:
    10,624
    Likes Received:
    65
    Gender:
    Male
    City:
    London
    Living In:
    United Kingdom
    Nationality:
    French (FR)
    Languages:
    Français, English, Italiano (un pó)
    For a EEA resident, the BRP says "UK RESIDENCE DOCUMENTATION FOR A NATIONAL OF AN EEA STATE". I am not aware of anything stating FAMILY MEMBER.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    #4 Cyrilexpat, Jan 29, 2018
  5. joneeboy74

    joneeboy74 Well-Known Member

    Joined:
    May 17, 2010
    Messages:
    65
    Likes Received:
    0
    Gender:
    Male
    Living In:
    United Kingdom
    Nationality:
    Irish (IE)
    Languages:
    english,french
    Just in case anyone else asks a similar question, according to EU law,Family member of a dual nationality EEA national cannot be claimed in the UK if the EEA national living in the UK, is a UK citizen, and likewise, a UK citizen, while living in the UK cannot claim any advantages of another EU nationality. There is an exception, but it relates to case where both have been resident in another EU country for 6 months prior to entering the UK. Even though we are now within days of Brexit, it seems the same rules will apply to at least the end of 2020.
     
    #5 joneeboy74, Mar 20, 2019
    Last edited by a moderator: Mar 20, 2019
(You must log in or sign up to post here.)
Loading...
Similar Threads Forum Date
✎ EN EEA2 residence card application was refused/EEA family membe Immigration UK Jun 3, 2014
✎ EN Help Residence Card of a Family Member of an EEA Nationa Immigration UK Jul 4, 2012
✎ EN Non eea family member applying for Residence card Immigration UK Nov 8, 2010
✎ EN EU family law for Residence card Immigration UK May 3, 2009
✎ EN EEA Family permit & EEA2 Residence card: French/S Korean Immigration UK Jul 22, 2007

Share This Page

Facebook Twitter LinkedIn Pinterest WhatsApp Addthis
Read the latest news in the expat world, info, trends, interviews, and much more: Browse our Expat Magazine