Uk national returning to the UK with non EU husband

[returningsoon]

I plan to return permanently to the UK in the next 18 months with my husband (who is a non EEA national). I am a British but have been living in Italy for the past 12 years and so I am currently resident and working here. I have been told to apply for a EEA family permit (as my husband and I were married in Italy and he already has an Italian permit to stay "carta di soggiorno" as husband of an EEA national) and also because I am British citizen exercising a treaty right in another EEA country. How does this permit work. Do I apply at the British Embassy in Rome and once in the UK does my husband apply for a residence permit.

I see on the form that it asks for proof of address in the UK. Obviously the proof of address will either be friends house or rented accommodation arranged in advance for when I return but this won't be available when I make the application as obviously I can't arrange the accommodation until I know the permit will be issued and I do not know how long this takes.

I would be grateful to anyone who could advise me.

[CARTWRIGHT ADAMS SOLICITORS]

Where a national of a member state who goes with their non-eea spouse to another member state to exercise treaty rights in an economic capacity they will on return to their home state will be entitled to bring their non eea family member to join them under eec law.. The relevant law is contained in Regulation 9 of the European Economic Regulations 2006.

The non-eea spouse can apply for a family permit at their nearest British diplomatic post. They would need to provide a valid passport and marriage certificate. It may also be helpful to produce documents to demonstrate that the British national has been employed or self employed in Italy.

David O'Neill
CARTWRIGHT ADAMS SOLICITORS
info@cartwrightadams.co.uk
tel 020 7580 6270