# Expat with NZ hubby - how to exercise EEA family rights



## NZFAMILY (Dec 29, 2014)

Hi everyone

Hope you are all well and have enjoyed your festive seasons )


I have a question about EEA rights for my NZ hubby. I am a UK citizen and have been in NZ for the past 15 years. We have 3 children and we are married. You would think that we could all just go to the UK to live near my parents who miss their grandchildren right? Wrong... (

We have moved to Portugal and I am working here and will get my first payslip this week. We are going down the Surrinder Singh route to get back to the UK. Has anyone done this? and if so we would love some tips and advice.

Love
NZFAMILY
)


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## canoeman (Mar 3, 2011)

No idea what the Surrinder Singh route is, but if you look down about 3 posts your question has been answered there Permanent Portuguese Residency for non-EU wife of Irish citizen


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## NZFAMILY (Dec 29, 2014)

ok thank you, am just working my way around this site... will go and have a look )


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## _shel (Mar 2, 2014)

Post on the UK board too. Lots of experts on SS there.


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## canoeman (Mar 3, 2011)

Ok I see what Surrinder Singh route is but it should be trumped by exactly the same rights as you have in Portugal of Reunification for EU Citizens living in any EU country and their freedom of movement


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## Your Europe (Apr 10, 2013)

Hi NZFAMILY, 

EEA residence rights are basically a three-step process, where your non-EU spouse and family members can stay with you without even reporting their presence for the first three months, at which point they'll have to obtain a residence card. After five years they acquire the right to permanent residence. 

Good luck and happy new year!


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## _shel (Mar 2, 2014)

Not so if you are British Citizen trying to bring your non EEA spouse into the UK. The UK has their own rules for British citizens and until such point they are taken to Court and forced to change the rules they will place strict conditions upon its own citizens. Those being the need to prove you are excercising treaty rights in an EU country with your spouse and that you have moved the centre of your family life there and integrated and are not soley living their to get round immigration rules.


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## canoeman (Mar 3, 2011)

_shel said:


> Not so if you are British Citizen trying to bring your non EEA spouse into the UK. The UK has their own rules for British citizens and until such point they are taken to Court and forced to change the rules they will place strict conditions upon its own citizens. Those being the need to prove you are excercising treaty rights in an EU country with your spouse and that you have moved the centre of your family life there and integrated and are not soley living their to get round immigration rules.


Sure your right but as OP is working here then she can easily prove she has exercised her treaty rights in an EU country with her spouse and has moved the centre of her family life here and integrated and are not solely living here to get round immigration rules, providing it's for a reasonable time


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## canoeman (Mar 3, 2011)

Your Europe said:


> Hi NZFAMILY,
> 
> EEA residence rights are basically a three-step process, where your non-EU spouse and family members can stay with you without even reporting their presence for the first three months, at which point they'll have to obtain a residence card. After five years they acquire the right to permanent residence.
> 
> Good luck and happy new year!


That's not totally correct
1 The non EU Citizens would first reguire a Visa of one sort or another to enter country
Your 1st link applies to EU Citizens *not non* EU Citizens
Your second link complicates matter as the poster is entitled to apply for reunifaction a far simpler process 
2 The EU Citizen must first Register their Residence
3 Then application for reunification of family can be made which*must* be done within 6 months of entry
4 As poster is working here then she must have Registered Residence
5 The 3 months is not *until* and Residence by EU Citizen can be done from 1st day but *must* be completed by the 4th month of entry, equally reunification can start at same time but must be done within 6 months of entry


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## _shel (Mar 2, 2014)

canoeman said:


> Sure your right but as OP is working here then she can easily prove she has exercised her treaty rights in an EU country with her spouse and has moved the centre of her family life here and integrated and are not solely living here to get round immigration rules, providing it's for a reasonable time


 I've seen so many people rejected for reasons such as not having lived their long enough, 3 months wont do they expect 12 months plus. Having kept a home on elsewhere, not integrating fully into community life or not speaking the language or having a job which they deem trivial or transient ie doesnt fully cover living costs or not a permanent contract. 

They are really getting tough on applicants expecting tons of evidence. Someone will take them to court but they'll fight it tooth & nail.


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