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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7609
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi. Im a spanish resident in the uk for two years and a half.

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Hi. Im a spanish resident in the uk for two years and a half. I've got permanent job with provided accommodation and an income of 10.000 pounds a year. I'm starting my own company too with an expected income of 15.000 punds more for the first year. My fianceé is North American citizen, we have been dating for two years now and planning for her to get in Spain to get married and apply for the eea family permit in the uk in order to move here. She is highly candidate to get a job in the company where i'm currently working. But i've just read the new changes that applied in 2012 for family immigration rules. With my current income and the circumstances above detailed, is she still elegible to get the eea family permit?

Thanks for your patience.

Yes, absolutely she will be able to come.

I think that you have head about the family migration rules for spouses of UK nationals or persons holding indefinite leave to remain and the new financial requirements:-

This is not relevant to you because if you are a Spanish national in the UK you are an EEA member state national exercising treaty rights in the UK. Therefore she would be applying under the EEA rules on free movement of worker, and not on the basis of the above rules for UK citizens.

Therefore, you need only apply for the Family permit simply by proving documentation to show that you are exercising your treaty righst by working in the UK:-

You will see that the forms indicate what documents should be provided:-

Although it seems odd, it’s actually massively easier for spouses of EEA citizens to come to the UK f the EEA national is here exercising treaty rights.

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Kind regards,

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