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Andrew, Barrister
Category: UK Immigration Law
Satisfied Customers: 28
Experience:  Over 10 years specialist expertise in all aspects of Immigration Law.
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I am a British citizen, legally resident in Portugal for 10

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I am a British citizen, legally resident in Portugal for 10 years. I am recently married to a Thai National who is now also legally resident in Portugal. I am of independant means with assets of over £10,000,000.00 My wife has applied for a "Family permit" This aplication has been refused on the basis that I do not work in an EEA country. I do not work, I am retired. We do not wish to take up residence in UK just visit my family. It seems that if I was an EEA national there would be no problem but because I am British, European law does not assist me. Any advise would be apreciated. Regards XXXXX XXXXX
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Andrew replied 6 years ago.

Andrew :

I would suggest you appeal the decision on the basis of the case of Surinder Singh which was a 1992 ECJ case ECR I-4265 that upheld the conclusion of the Immigration Appeal Tribunal (as it was then called) that where there has been a genuine exercise of Community Rights the returning national and non-national spouse are entitled to any more favourable treatment provided by Community law, despite the fact that there is also a right of entry under national law.

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