USC entering LHR with dual USC/ EU national

How is immigration/ passport control these days?

Next month or so I (USC) will be entering the UK with my USC husband who is also a Swedish citizen. If we enter with his EU (Swedish) passport (same line or separate) can we expect less hassle? We want to move there, buy a home... I know things are uncertain with Brexit and all but should we answer thruthfully if we;re asked what the purpose of our travel is?  Our other option is for me to apply for an investor visa and we could travel together with an EU passport + investor visa and not be hassled at all, hopefully. ?

Are you moving here or just visiting?

Moving. Do I/we tell the Border control people that? We intend to buy a house as soon as we arrive.

Are you moving here or just visiting?

You need to apply for an EEA Family Permit before you arrive.  its free and very simple.

https://www.gov.uk/family-permit/overview

Thank you. I would like to stay longer term, however, so I'm concerned about the time when EU nationals are kicked out of the country. By then my husband will have been living in the UK only a couple of years (or less)

You need to apply for an EEA Family Permit before you arrive.  its free and very simple.

https://www.gov.uk/family-permit/overview

You can't just move to the UK without sorting out a visa first.

As your husband is a Swedish citizen, you can qualify to move to the UK under EEA immigration rules, meaning you have to automatic right to live and work in the UK, providing he will be exercising his EEA treaty rights in the UK the whole time you are living there.

He can exercise his treaty rights in the following ways:
- employment in the U.K.
- looking for work in the U.K.
- studying in the U.K.
- being self-sufficient in the U.K.

Without an EEA permit, you would need to qualify for a U.K. visa before entering the U.K. You mention the Tier 1 Investor visa, but I assume it will take longer than a month to prepare the application and get it issued... and since your husband is an EEA citizen, you won't need one anyway as you can just get the EEA Family Permit instead.

When you have the EEA permit you will need to enter through the same line together at immigration.

In regards to buying a house, will you be cash buyers, or are you going to need a mortgage?

If you're cash buyers, you shouldn't have much trouble buying a house soon after arriving, though if you need an mortgage you may need to wait a couple of years to build up UK credit first.

Bear in mind that it can take a while to buy a house in the UK - approximately 3-4 months from putting in an offer to completing the sale, so you will likely need to sort out some temporary accommodation for the first few months.


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I realise that I can enter, work and live there with an EEA family permit but that expires after 6 months, yes? What then? He works independently.

We will be cash buyers.

You can't just move to the UK without sorting out a visa first.

As your husband is a Swedish citizen, you can qualify to move to the UK under EEA immigration rules, meaning you have to automatic right to live and work in the UK, providing he will be exercising his EEA treaty rights in the UK the whole time you are living there.

He can exercise his treaty rights in the following ways:
- employment in the U.K.
- looking for work in the U.K.
- studying in the U.K.
- being self-sufficient in the U.K.

Without an EEA permit, you would need to qualify for a U.K. visa before entering the U.K. You mention the Tier 1 Investor visa, but I assume it will take longer than a month to prepare the application and get it issued... and since your husband is an EEA citizen, you won't need one anyway as you can just get the EEA Family Permit instead.

When you have the EEA permit you will need to enter through the same line together at immigration.

In regards to buying a house, will you be cash buyers, or are you going to need a mortgage?

If you're cash buyers, you shouldn't have much trouble buying a house soon after arriving, though if you need an mortgage you may need to wait a couple of years to build up UK credit first.

Bear in mind that it can take a while to buy a house in the UK - approximately 3-4 months from putting in an offer to completing the sale, so you will likely need to sort out some temporary accommodation for the first few months.


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You switch to an EEA Residence card, which costs £65 and lasts 5 years.

I realise that I can enter, work and live there with an EEA family permit but that expires after 6 months, yes?

No. He has 3 months on that FP and after that he must be what ksand said, a "qualified person" to be legally in the UK (have a "right to reside" under EU laws).

Under EU law, EEA citizens only have an automatic right of 3 months to visit another EEA country. To reside legally after that 3 months, they must be a "qualified person". They can become a "qualified person" at any time during that 3 months that they are allowed to visit.

Other EEA countries only give a three month FP but the UK gives a 6 months end date, However, an EU "permit" or "card" is nothing like a UK immigration rules "visa". The UK's "visa" has an end date but with the EUs "permit" or "card", that end date can become invalid as soon as the EEA citizen fails to keep to EU free movement Directives.

Your husband needs to read all these rules and keep to them to be legally in the UK AND keep up to date with all the changes the UK makes, changes that the UK makes all the time. It is the EEA citizen's responsibilty to keep up with all these changes to ensure they remain legally in the UK.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/588174/EEA-qualified-persons-v4_0EXT.pdf

But since that guidance was publshed, the UK has made some more changes for those using EU laws and EU court rulings to resdie in the UK.

i.e. The February 2017 'jobseeker qualified peson' changes will affect a lot as the UK has reduced that to a 91 days limit from when they arrive and they need proof they were jobseeking and stood a chance of getting a job.  This 91 days limit, like other changes the UK has recently made, probably flies in the face of EU laws and EU court rulings but hey, what is the EU going to do about it? Throw the UK out?

At this stage in the game PAPER TRAIL is going to be all important. No one knows what they are going to do but whatever it is I can guarantee you that someone in the UK govt will come up with a convoluted process for EU nationals. And since there isn't a population register or an ID card system here, they have to rely on reams and reams of PAPER. Ergo - always having proof on you is paramount.

You yourself definitely need to get that EEA FP sorted ASAP before you arrive. Its very easy and cheap - prove you are married and send off the application (you didn't say if you are in Sweden or the US) If in Sweden then you will need to go to the office in Stockholm (in some office park in Solna), though Copenhagen covers for southern Sweden, for biometrics (you have to bring some passport photos though I seem to remember someone taking my picture there too). If not in Sweden then you will receive information on where to get biometrics done.

That will cover you for 6 months. Within those 6 months apply for the EEA2 for the five years permit. Note that both of these start your clock in the UK and prove when you arrived so if they backdate a cut off you can show when you entered.

All the other information about being a qualified individual is correct. If he is independently employed then he needs to figure out ways to prove he is a qualified individual either through registering a company, getting comprehensive sickness insurance, SOMETHING (others may have more of an idea) to show the authorities his status. Its a bit harder than having an employer contract but it will be crucial to prove in the future.

Note: My other half is dual Sweden/US too and has never applied for an EEA2 permit (no reason) but has been a qualified person for several years now. We definitely keep some paper around on him to prove timeline (job searching, job contracts, pay slips) if and when it should be needed because ultimately my situation depends on his. Staying on top of all this is definitely part of the expat experience here.

Once you guys are all legit (and make sure you keep paper copies of bank statements, tax mailings, utility bills, etc) then entering is a breeze. You can go through the EEA line with him and just present your EEA2 permit, passport, and his passport, no big deal. We haven't been through immigration since August, but we will see what happens in May when we go to Sweden. Honestly I think I get more grief from Swedish immigration than UK.

Being a bit nosey, but you used to post a lot about coming to the UK to live with a UKC.  Has your relationship changed or did you partner obtain Sweidish citizenship.

I only ask because if he's still a UKC, you can't use the EU path.  He would need to renounce his British citizenship.

That will cover you for 6 months. Within those 6 months apply for the EEA2 for the five years permit.

No, the FP is only entry clearance. As for the 3 months only they are allowed,
Article 7 of the EU Directive 2004/38/EC clearly states -
"All Union citizens shall have the right of residence on the territory of another Member State for a period of longer than three months if they:"

and it then goes on to list what each type of qualifed person is.

From the link I gave above to the UK goverment site , that also states -

Eligibility requirements
To benefit from free movement rights and have a right of residence in the UK for longer than 3 months, an EEA national must show both of the following: 
•evidence of identity and nationality of an EEA member state
•evidence they are exercising a free movement right in the UK

The embolding on these quotes is mine.


Free movement and having a right to reside in that EEA country past that initial 3 months, is being a qualified person. The EU Directive defines "qualified person". That UK government link above then goes on to to expain clearly what a "qualified person" is in the UK.

An EEA citizen just living in another EEA member state is not being a "qualified person" and those that do this beyond their initial 3 months are not lawfully in that country.

Note that both of these start your clock in the UK and prove when you arrived so if they backdate a cut off you can show when you entered.

Their "clock" starts only when the EEA citizen becomes a qualfied person. It stops if their EEA citizen ceases to be a QP at any time as the EEA citizen and all their family members have then lost their "right to reside" in that EEA country. If they start being a QP again, then their "clock" of '5 years to PR' starts again, each and every time and the same for all their family members as they rely soley on what their EEA citizen sponsor is doing.

I agree that it might be a good idea to get an RC (belt and braces) as the UK has used the RC before for cut off dates and did so again last year for the Singh changes. Therefore, maybe (??) they will do that again for Brexit because EU laws will end on a Brexit. BUT the RC is only proof that their EEA citizen was a qualifed person at the time it was issued. The RCs becomes invalid if the EEA citizen ceases to be a qualified person any time. An RC  is not like a UK "visa" which has a end date come what may.

For the OP and her husband, you needed 6 years minimum of EU laws to reach British citizenship and it is unlikely there will be the 6 years of EU laws left on a Breixt. These people will most likely have to see if anything is offered to them and on what terms
i.e. healthcare and social assistance (the Brexit Minister David Davis has spoken about the need to decide on these).

All the other information about being a qualified individual is correct. If he is independently employed then he needs to figure out ways to prove he is a qualified individual either through registering a company, getting comprehensive sickness insurance, SOMETHING (others may have more of an idea) to show the authorities his status. Its a bit harder than having an employer contract but it will be crucial to prove in the future.

An EEA citizen who is self employed qualfied person does not need a CSI. The 2004 Directive stated that it is the self sufficient and students who need CSIs and can't take benefits from another EEA country as they are economically inactive.
Following on from the Article 7 of the EU Directive 2004/38/EC that I quoted above, for students and self sufficients it states -

"(b) have sufficient resources for themselves and their family members not to become a burden onthe social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State; "

However, the EU rules also state that no EEA citizen and their family member dependants are allowed to be too much of a burden to another member state. If they are considered to have been too much of a burden by that member state, then the EEA citizen is not being a qualified person. No PR granted in that member state.


The self employed EEA citizen does not need a way to figure out ways to prove they are self employed as this is cleary laid down. A self employed qualfied person needs to register with HMRC as self employed and prove their work is "genuine and effectiive" as the Directive states.

The UK's test for that genuine and effective work is a broad us of the MET (Minimum Earnings Threshold) although UKVI may look at other factors if thery fail the MET. However, if their work is found to only be "marginal and ancillary" then they are not a worker (PAYE or SE) qualified person in the UK.

Meaning that if the EEA citizen Self Employed qualified person registers with HMRC and they meet the MET and continue to do so at all times, then they are a self employed qualified person and do not need a CSI for themselves and all their family members. Have a read of the gov.uk link I gave above.

Being a bit nosey, but you used to post a lot about coming to the UK to live with a UKC.  Has your relationship changed or did you partner obtain Sweidish citizenship.

I only ask because if he's still a UKC, you can't use the EU path.  He would need to renounce his British citizenship.

Oh dear, that is true. An EEA citizen who obtains BC can longer use free movement in the UK to sponsor "family members".

I've since read the UK granted transitional protection for a while for these family  members, but again it seems the UK used the date an RC was issued to their family as that cut off date. From what BertineC has said, it appears she has never applied for a UK RC?

The other problem might be if BertineC is not marreid to her Swedish partner as he calls him, and hasn't received an RC from the UK. To be legaly in the UK, extended family members must be gratned a UK RC. Those who are not married, are extended family members. EEA countries are under no obligation under EU laws to allow EFMs to reside in their countries, which is why these must have a valid UK RC to avoid being an overstayer in the UK.

Sirius, I think KFdancer is referring to Dame Maggie's situation.

Sirius, I think KFdancer is referring to Dame Maggie's situation.

Yes!  Bertine is the poster child for how to do things right with EU residency inside the UK.