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My UK citizen son has lived in Poland for 2 years with his non-eu wife of 2 years. He has been offered a job in the UK - what visas will they need, to return together to U.K., please?

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Your son doesn't need a visa, of course. His wife can use an EEA family permit if they'll be moving before Brexit. Otherwise, she'll probably need a regular family visa, which she can use anyway, but this route is thousands of pounds more costly.

The ability for family members of UK citizens to use the EEA regulations to enter the UK depends on the Surinder Singh ruling. The UK's interpretation and implementation of that ruling currently requires the UK citizen and family member to have made their "centre of life" in another EU country, to have resided there together, and to have integrated there. I do not know what criteria they use to judge integration, but your son and his wife seem to have met the other criteria.

Some of this, including the "centre of life" criterion, is clearly inconsistent with the EU directive, so if the initial application is refused, an appeal might be in order.

  • Thank you for that. Another question is - would my daughter in law be able to work under either of those options? It appeared to me, looking at the family visa paperwork, that my son would have to prove that he was earning over £18000 here in England (by showing pay slips) but he isn't here yet! And it sounds as if he would have to be applying from the UK while she is abroad, or am I misunderstanding?? – Joanna Wheatland Oct 27 '18 at 19:41
  • Your daughter in law would be able to work under both of those options. The family visa route is indeed burdensome. The EEA FP route is much easier. One reason for Brexit was to put an end to that option. – phoog Oct 27 '18 at 20:20
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    Downvoter, please explain. – phoog Oct 28 '18 at 4:09
  • @JoannaWheatland I should probably mention that your daughter in law is eligible for the family permit because of something called the Surinder Singh route. Since they've been living together for two years in Poland it seems virtually certain that they will qualify. – phoog Oct 28 '18 at 4:17
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    OMG, I was suprised that I downvoted this. I didn’t even read this question until I saw my -1 on my notifiation. No idea how this happened. I want to remove my downvote but it wont let me. – majidarif Oct 31 '18 at 3:58

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