Warning: UK Nationals are NOT EEA Nationals

[brocky]

According to the UKBA anyway, I have just had my wife and daughter's residence card applications refused because I am a UK National and have not worked/lived in another EU member state. Needless to say I am fuming :cwm23: about this - not just the refusal but the fact the UKBA website itself clearly defines the UK as part of the EEA on their "eligibility" page

(https://www.gov.uk/apply-for-a-uk-residence-card/eligibility).

I feel that is gross misrepresentation and has cost me another 110 pounds for them to tell me we are in fact not eligible. They even went as far as to say my wife (6 months into a 2 1/2 year spouse visa) has no right to be here and should arrange to leave. Odd since they issued the visa themselves... grrrrrrrr...

Any, be warned before thinking a residence card (note card, not permit) is a shortcut around having to get a Schengen visa.

[sars_notd_virus]

I am sorry, residence card for what ?? what visa does your wife hold??

[Terpe]

Hi brocky,

I'm afraid you may have misunderstood the Immigration Rules.

Please review The Immigration (European Economic Area) Regulations 2006 (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/264938/annexa.pdf) for the detail.
You'll see that the definitions are:-


“EEA national” means a national of an EEA State;
“EEA State” means—
(a) a member State, other than the United Kingdom;......

This definition is also carried forward here in the UKVI European casework instructions (https://www.gov.uk/government/publications/european-casework-instructions)

Of particular interest is Chapter 2 - Rights of Non-EEA National Family Members of European Economic Artea (EEA) National (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/264944/chapter2.pdf)
together with Chapter 5 - Residence Card Applications (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/264951/chapter5.pdf)

Both chapters state Regulation 2(1)


Regulation 2(1) defines an EEA national as “a national of an EEA State who is not also a United Kingdom national”. This means that a person who is a UK national cannot be considered an EEA national under the Regulations, including where they also hold nationality of another EEA member state

Hope that clarifies

[brocky]

Yes Terpe - I (eventually) saw that definition hidden away under the UKVI's Surinder Singh case link. My complaint is that the link on their eligibility page for an EEA citizen clearly includes the UK: "You can apply for a residence card if you’re living in the UK with a family member who’s a European Economic Area (EEA) (https://www.gov.uk/eu-eea) citizen." Pretty sure that would be a case of misrepresentation in the commercial world.

As to why, well my wife is here on a UK spouse visa and it seemed like the residence card was an easier option for us than travelling to Edinburgh to obtain a schengen visa for Spain.

Peter.