# EEA Family Permit Reentry Without Spouse



## mcsim1024 (Dec 31, 2012)

Hi, I'm a German citizen living in the US and planning to relocate to the UK. My wife is from a non-EEA country that normally requires a visa for the UK. She is admitted to a PhD program in the UK with a full studentship starting in January. I am in the process to transfer my job to the UK and will be able to fully relocate in April. Now my question is what visa should we get for her.

We thought that we get an EEA family permit for her and travel together, say, next week. We'd rent and apartment, open a bank account, and then I would return to the US to continue my job, traveling back and forth until April. Would that be a problem?

Another issue is that she might have to travel to conferences in the meantime and would have to reenter the UK alone. I think as long as I am physically present in the UK that shouldn't be a problem. But what if I am still in the US while she is traveling? Has anyone had a similar experience? We would much appreciate any advice. Thanks.


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## nyclon (Apr 3, 2011)

mcsim1024 said:


> Hi, I'm a German citizen living in the US and planning to relocate to the UK. My wife is from a non-EEA country that normally requires a visa for the UK. She is admitted to a PhD program in the UK with a full studentship starting in January. I am in the process to transfer my job to the UK and will be able to fully relocate in April. Now my question is what visa should we get for her.


If she has been accepted to a PhD program she should have applied for a student visa.



> We thought that we get an EEA family permit for her and travel together, say, next week. We'd rent and apartment, open a bank account, and then I would return to the US to continue my job, traveling back and forth until April. Would that be a problem?


Yes, that would be a problem. If you, the EU citizen, are not living and working in the UK then she isn't eligible for an EEA family permit. In order for the spouse of an EU citizen to qualify for an EEA family permit, the EU citizen must be exercising his/her treaty rights by living and working in the UK. Until April when you are living and working in the UK, she is not eligible.



> Another issue is that she might have to travel to conferences in the meantime and would have to reenter the UK alone. I think as long as I am physically present in the UK that shouldn't be a problem. But what if I am still in the US while she is traveling? Has anyone had a similar experience? We would much appreciate any advice. Thanks.


The student visa which she is eligible for if she has been accepted into an accredited program is multi-entry.


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## Joppa (Sep 7, 2009)

If she just holds an EEA family permit, each time on entering UK, she will be asked where her husband is, what he is doing in UK and so on. They may phone you up to get your side of the story. If they then find out you aren't actually exercising treaty rights (after 3 months from initial entry), they can refuse her re-entry and send her back, and tell her to apply for a student visa instead.


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## mcsim1024 (Dec 31, 2012)

Thank you very much for your replies. She is pursuing the student visa route but as that is taking long we thought that the family permit would be the easier (and much cheaper) way to go. I thought that by going to the UK, renting an apartment, opening accounts, meeting with my new team and preparing for the transfer I would be exercising treaty rights and that hence I could leave my wife there while traveling back and forth until the transfer is complete.

I do understand that her re-entry without me is going to be problematic and hence I think we'll go for the student visa instead.


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## Joppa (Sep 7, 2009)

To be exercising treaty rights, you have to be physically established in UK, with your main home and centre of activity. While you can get away with your plan for the first three months, beyond that, the above considerations apply. So there is a genuine chance of refused entry for your wife.


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## abbasi11 (Nov 12, 2013)

she can come with you on eea family permit for first time as you have initial three months to exercise treaty rights. for future trips either you should be accompanying or she should be joining you in UK .if not then she will have to obtain a general visitor or her student visa if she want to visit without you.


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