May the non EU citizen spouse of an EU citizen remain in an EU country with (or without) him or her indefinitely?. If not, what need or can be done so the non EU citizen spouse may if at all?

It depends.......

Normally, in case the non Eu spouse has not become naturalized, he/she can obtain dependent visa based on the principle EU spouse. This status will end if the couple divorce.

If the non EU citizen become naturalized based on marriage, divorce has no effect on legal status.

This could be different in countries where domestic partnership is accepted, check with immigration lawyer in that country.

This area of law is governed by a combination of European Union and national laws. Spouses of EU partners don't need work permits, but the extent of their rights may depend on whether they are a national of the country where they want to bring the partner.

The principle of derivative rights is often a concern for partners. Essentially, though, it means that your work permission rights may be derived from your partner or spouse.

For example, if a Costa Rican wants to move to France and find a job, he will have to get a work permit or some other kind of work permission. If the same person is married to a French woman or another European Union national, then he doesn’t have to get any additional paperwork beyond a regular residency permit as the spouse of a local or EU national. This is because the spouse has an automatic right to find work on the basis of their citizenship. Under French and EU law, this is then transferable to the married partner as well.

Even if your spouse is not an EU national, if they have work permit, you may also be covered by that same permission under some local laws.

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Originally Posted by expatdude

This area of law is governed by a combination of European Union and national laws. Spouses of EU partners don't need work permits, but the extent of their rights may depend on whether or not they are a national of the country where they want to bring the partner.

The principle of derivative rights is often a concern for partners. Essentially, though, it means that your work permission rights may be derived from your partner or spouse.

For example, if a Costa Rican wants to move to France and find a job, he will have to get a work permit or some other kind of work permission. If the same person is married to a French woman or another European Union national, then he doesn’t have to get any additional paperwork beyond a regular residency permit as the spouse of a local or EU national. This is because the spouse has an automatic right to find work on the basis of their citizenship. Under French and EU law, this is then transferable to the married partner as well.

Even if your spouse is not an EU national, if they have work permit, you may also be covered by that same permission under some local laws.

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Calling on all lawyers or the law-savvy!! Hi. I'm having some issues at the moment... I'm South-African, my wife is French and we live in the UK. My application for residency is currently with the UK Border Agency (EEA4). My employer has just undergone an audit to ensure that all employees are legally allowed to work in the UK. Now without a visa or passport I am currently being seen as an illegal... So my question is: Surely my marriage to my French wife is enough proof that I am legally allowed to work in ANY EU country? Surely my application for residency has nothing to do with my right to work in the UK but more with the right to become a resident, no? If there is a law that states that I can automatically work anywhere in the EU by rights of being married to an EU national, can somebody quote it in their reply please?

Check this. http://www.visa-office.com/non_euro_partner.html
You may get a working permit in the UK, as an spouse of an EU citizen. But you have to ask for it. Is not just automatically granted.

I just married a rech person but I am south african .will I be able to enter the united kingdom if my wife is doi her studies there, would I be able to leave south africa and go straght o the uk are would I have to go to france first.. Can anyone help me with this one

Hi I'm brazilian and married to a italian citizen and we live in the UK, We've been married for over four years now and I have a visa as a spouse of EU citizen that expires in 2012, unfortunaly we came to a decision to separate but we are not going to divorce just yet, so I want to know how do I stand now, are they intitle to deport me or cancel my visa because of the separation or do they have to wait for the divorce?
If I travel are they allowed refuse my entry because I'm no physicly with my husband at the time?

Hi I'm brazilian and married to a italian citizen and we live in the UK, We've been married for over four years now and I have a visa as a spouse of EU citizen that expires in 2012, unfortunaly we came to a decision to separate but we are not going to divorce just yet, so I want to know how do I stand now, are they intitle to deport me or cancel my visa because of the separation or do they have to wait for the divorce?
If I travel are they allowed refuse my entry because I'm no physicly with my husband at the time?

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Originally Posted by fugidabr

Hi I'm brazilian and married to a italian citizen and we live in the UK, We've been married for over four years now and i have a visa as a spouse of EU citizen that expires in 2012, unfortunaly we came to a decision to separate but we are not going to divorce just yet, so i want to know how do i stand now, are they intitle to deport me or cancel my visa because of the separation or do they have to wait for the divorce?
If i travel are they allowed refuse my entry because i'm no physicly with my husband at the time?

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Answer:samething with me but according to letter i received from home office they said if your family member decides to leave the uk,or ceases to exercise treaty rights,or if you cease to be a family member,you would have to qualify to remain in uk in your own