anyone apply this?

[wayne]

Well Elmarie, you don't give much background information, but I believe you're considering the option to come to UK via a UK Family Permit as the spouse of a British Citizen exercising
Treaty Right in an EU state.

You'll both need to decide which EU country you want to go to and also how you're intending to support yourself.

Getting settlement entry to an EU country (outside of UK) for the non-EEA spouse of a British citizen is not too difficult and has some very attractive advantages such as having little overall cost and quite a fast 'application-to-decision' time.

Once your husband has 'established yourself' in your chosen EU country the rights to free movement can be extended to you as the non-EEA spouse.

There's still some significant rules to comply with though before you will be able to secure entry clearance to the UK.

Firstly, you will need to provide sufficient evidence of actually residing there (your EU country of choice) as a married couple.
Secondly your husband will need to provide evidence of being either employed or self-employed there.

You can then make an application under European law for a UK Family Permit.
This is essentially free of charge, and free from the onerous conditions set by UK Immigration rules (including the financial requirement and English language Test)
You only need to demonstrate that you are married under law and your EEA national husband has been in properly established employment or self-employment.

The ECO still has an option to refuse if for example he was convinced that it was a marriage of convenience solely to to circumvent UK immigration rules.
I have to say though, that would be a very tough call especially if you had complied with all EU regulations prior to making the application.

For just how long you'd both need to remain established and resident in your EU country before coming to the UK, is a question that's becoming ever more key.
Currently there are no hard and fast rules and personally I can't find any documents in the public domain that make any reference to it.

Most people have been successful in returning to the UK together after being established in the EU for 6 months.
Quite a few claim that even three months has been enough. At any rate it's not a huge amount of time.

Once you, as the non-EEA spouse had successfully secured entry clearance (via the UK Family Permit) and you had both returned to the UK you could then apply for a 5 year residence permit.
After the 5 year residence period you'd then be eligible for application for Permanent Residence (same as ILR)
After 1 year as Permanent Resident you will be eligible for British Citizenship.

It's not a decision to be taken too lightly so consider carefully all the details

Here are some links to provide important information.

Please be sure to read and ask any specific questions.

Happy reading

DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

The Immigration (European Economic Area) Regulations

Free movement for EU citizens and their non-EU family members

Freedom to move and live in Europe

UKBA webpage How to apply for an EEA family permit

thank you so much for the info..
im confused in this i though its illegal..
do u think im not allowed to live in england if we apply this?