# EEA Family Permit for non-EU husband



## Neelam1982 (Apr 18, 2010)

Dear All,

I am a British Citizen and I plan to go to Paris for postgraduate studies. I know about the EU 2004 directive about Non-EU spouse being able to travel freely to Europe with EU citizen spouse and that my non-EU husband can join me in Paris.

My Pakistani husband will be working in Paris, whilst I study for my postgraduate degree there. When we apply for the EEA Family Permit to move back to London, would it be sufficient to show the UK embassy that my husband was working in Paris? I might work part time in Paris, whilst studying, but my husband will be the main breadwinner. Would this be OK, or do I have to show that I was working in Paris, in order to qualify for EEA Family Permit?

Thanks


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## Sjimoh112 (Feb 4, 2011)

Neelam1982 said:


> Dear All,
> 
> My Pakistani husband will be working in Paris, whilst I study for my postgraduate degree there. When we apply for the EEA Family Permit to move back to London, would it be sufficient to show the UK embassy that my husband was working in Paris? I might work part time in Paris, whilst studying, but my husband will be the main breadwinner. Would this be OK, or do I have to show that I was working in Paris, in order to qualify for EEA Family Permit?
> 
> Thanks


You do not have to work to exercise treaty right. As long as you adhere to EEA regulations. You can qualify for family permit by studying (student) as well as working and I don't think you have to get comprehensive sickness insurance to qualify if working. You'll probably do if you're just studying. 

As for your husband he can only get the right to work if your as an EEA citizen exercise treaty right as a student or worker.

May I advice you when working part time, you should work as many part time hours as possible. This is because you need to work certain hours to be a ble to exercise treaty right. Eg- a eea national sent in an app for eea1 with 14hr/w payslip. App was returned and told to include payslip to exercise treat right and I hard similar story recently.

Hope this helps.


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## Joppa (Sep 7, 2009)

Neelam1982 said:


> Dear All,
> 
> I am a British Citizen and I plan to go to Paris for postgraduate studies. I know about the EU 2004 directive about Non-EU spouse being able to travel freely to Europe with EU citizen spouse and that my non-EU husband can join me in Paris.
> 
> ...


There are several issues at stake here.
Do you want to return eventually to UK with your non-EU husband under UK immigration law, or EU regulations? To do the former, if he already has ILR from his previous stay and hasn't been away longer than 2 years, he can just return on his existing leave and resume his residence. If he doesn't have ILR, then he has to apply for a settlement visa and meet conditions regarding maintenance and accommodation, among other things. But if he wants to live in UK under EU regulations, he will have to avail himself of Surinder Singh provision, under which a non-EU spouse can live in UK after their British spouse has exercised *economic* right in an EEA country. This differs from provisions applicable to non-UK EEA citizen, who only needs to exercise treaty rights. This is because the original Surinder Singh judgement was about a specific case of his British wife working in Germany. So you need to be working or in self-employment in France in order for your husband to be eligible under Surinder Singh provision. Your husband's work in France doesn't count I'm afraid. Now the rules don't lay down how much you need to be earning or whether you can study *and *work in France, but the British consulate needs to see a clear evidence that you were in France in an economic capacity. While a regular part-time work may be acceptable, a bar work only at weekends probably not. But since the minimum period for exercising economic right is only six months, you can be a student full-time and, on completion, do full-time work which can then be presented in evidence.


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