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✎ EN Confused About EEA Family Permit In UK

Discussion in 'Immigration UK' started by micb, May 24, 2006.

  1. micb

    micb Member

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    Hi,

    I have an Irish passport which as I understand it allows me to live and work freely in UK for as long as I want.

    I have dual Australian/Irish nationality and my wife and child have only Australian nationality. My wife, child and I live in Australia.

    My wife & child are applying for an EEA family permit from the BHC in Australia.

    We will all be moving to the UK for a minimum of 2 years, most likely 5 years.

    The BHC in Australia have said my best choice is an EEA Family Permit, but, my understanding is that an EEA Family Permit is only valid for 6 months.

    How do my wife and child stay with me in the UK after the EEA Family Permit expires after six months?

    Won't they have to leave the UK once the permit expires?

    Any help greatly appreciated.

    micb
     
  2. rhea

    rhea Active Member

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    Hi,

    I don´t think the EEA Family Permit is for 6 months, as the one I was given is valid for 2 years.

    No, they won´t have to leave the UK. When you all get here, you have to apply for residency (form EEA1 - I think) and they will also apply for residency based on the fact that you are. I think you will get a card and they stamps on their passports.

    It´s not all complicated, may take some time, but it´s not complicated.
     
  3. Glauco

    Glauco Well-Known Member

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    English, Portuguese
    Hi,
    yes, family permit is only valid for 6 months, but once in the UK, your family members will be able to get a 5 year residence permit, and for free.

    Irish citizens have a "special treatment" in the UK.

    *You can apply for a EEA Family Permit (because your are irish - european citizen).
    *Your family members can apply for SETTLEMENT visa because Irish citizens are considered "present and settled" in the UK in the british laws.

    ***EEA Family
    The pros:
    - it´s for free

    The bad side:
    - your family member will only be able to have permanent residence in 5 years and plus 1 year after permanent residence to get british citizenship

    ***Settlement visa
    The pros:
    - your family members will be able to get british citizenship in 3 years. It takes only 2 years to get permanent residence!

    The bad side:
    -it costs a lot to get this visa. It´s expensive
     
  4. Glauco

    Glauco Well-Known Member

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    Me again...
    Read this official document from UKVisas homepage explaining the situation for irish citzens:

    http://www.ukvisas.gov.uk/servlet/Front ... ur%20seven

    21.4.7 Dual nationals / Irish / EEA nationals holding settled status
    Dual nationals, Irish nationals or EEA nationals holding settled status may choose to bring their family members to the UK either on an EEA family permit or via the Immigration Rules.

    If the applicants choose to be treated under EC law they should be issued with a Family Permit free of charge. If they choose to come under the Immigration Rules, they must pay the appropriate entry clearance application fee.

    In addition, if the dual national / Irish or EEA national holding settled status chooses to bring his/her family members under EC law, the family members would not be entitled to apply for settled status until they had resided with the Irish / Dual or EEA national in the UK for four years. However, if they choose to come under the Immigration Rules they would be entitled to apply for settled status after two years.

    You are not under any duty to ask sponsors who say that they are British whether they hold, or could hold, dual nationality. The onus is upon the applicant to provide this information if he/she thinks it is relevant to the application. If dual nationality is mentioned by the applicant, you should explain the choice of whether to come under the Immigration Rules or EC law but should make clear that evidence of EEA nationality (for example EEA passport) will be required. A possible entitlement to dual citizenship (for example birth in Ireland) is not sufficient.



    Cheers,

    Glauco
     
  5. Triple H

    Triple H Addicted member

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    :headscratch:

    I am not aware that Irish can do this unless dual national or resident.

     
  6. Glauco

    Glauco Well-Known Member

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    Oh yes Triple H!

    You are right!
    Family members will be able to get permanent residence in 2 years, but citizenship wil be another story... Because for citizenship only spouses of British citizen will be able to get in 3 years!
     
  7. lamper

    lamper New Member

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    My partner just applied for a VAF2 in Brazil and it was rejected for lack of evidence of relationship and no proof of settlement. I am Irish and just moved to London, I included a letter from my employers where I had just started a new permanent job and was working for the last month. So from this it seems like the Visa section in Brazil don't give Irish "special treatment" with regard to settlement.

    I would appeal but since we have applied the new EEA Family rules have come out and we will go down that route, but that opens another barrel of worms, read this letter to see why: http://www.gherson.com/keyarticle/221/General information/
     
  8. Triple H

    Triple H Addicted member

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    Partner visas are always tricky.
     
  9. sagpy

    sagpy New Member

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    LAMPER

    what do u mean by that links u gave , i cant see any chages what have been done since may ...can u tell me what has changed ?
     
  10. Triple H

    Triple H Addicted member

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    Person in question is not married !
     
  11. JCAZZEDI

    JCAZZEDI Member

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    so what do they want to see then?

    im confused do they want to see bank statements or meanigful marriage, how can you prove meaning ful marriage when they wont let then even in the country to live with you first ,i been doing long distance with my man for near 2yrs will they think this when we get married in Aug is a meaningful marriage in BHC Kingston or will they reject us, and say no!
    cuz if they do i am fully packing my bags and going jamaica for 6mths and applying again from there, as im sick of us not being together over red tape! im dreading this Sept waiting for an answer!!
     
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