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✎ EN UK Settlement vs. EEA Family Permit ?'s
    

Temat na forum 'Immigration UK' rozpoczęty przez bkwee, Sierpień 8, 2008.

  1. bkwee

    bkwee New Member

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    Alright folks, I’ve been doing a lot of reading here and wanted to run some thoughts by some people. I will be detailed with the intent of providing information to those willing to help and hopefully helping answer questions similar to mine.

    I’m an Irish citizen and I found a job in London while my then girlfriend and I were on holiday in March 2008. Fast forward to July of this year; I am living in the UK and she was coming over for a visit. However, she was refused entry into the UK. One conveniently timed business trip later and we are now married.

    We have both been looking into the various visas that would allow her to come join me in the UK. As I understand it, there are two paths for us to take. First, we could apply for a settlement visa based on the fact that I am “present and settled” in the UK. This would grant her Leave to Enter for two years, after which she could apply for Indefinite Leave to Remain. There is a fee associated with this application and we would be able to appeal if she were to be denied.

    We could also apply for an EEA Family Permit. This application is essentially the same as the settlement application, except without the need for detailed financial information. This application is also free to make. If this is granted, she would be able to enter the UK to live for six months and be eligible to work immediately. During this six months we would both need to apply for the proper EEA residence documents; a residence document for her (passport stamp) and a residence permit for me. The residence document is valid for four years, after which she would be eligible to apply for indefinite leave to remain.

    My biggest question is if there is any advantage to applying for the settlement visa over the EEA family permit? It would seem the EEA family permit would be the best path for us to take, though there would be an extra two years before she could apply for ILR.

    Any thoughts would be helpful. Do I have my information correct? Thanks in advance.
     
    #1 bkwee, Sierpień 8, 2008
  2. 86ti

    86ti Active Member

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    If you are an Irish citizen only you also only have the EEA route. The UK route applies to British citizens only.

    EDIT: It is a residence certificate for you and a residence card for your wife. Both are optional but the residence card vital in many situations. Valid for five years and after you exercising your treaty rights together for a period of continuos 5 years you would automatically gain permanent residence. Again, probably better then for your wife to apply.
     
    #2 86ti, Sierpień 8, 2008
  3. bkwee

    bkwee New Member

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    I'm not sure that this is correct. According to Section 21.4.7 of the Entry Clearance Guidance from ukvisa.gov.uk Irish nationls can apply using either route. Which goes back to my original question:

     
    #3 bkwee, Sierpień 8, 2008
  4. 86ti

    86ti Active Member

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    Oh, I see! So if you are Irish and are resident in the UK you obtain this status immediately?

    Back to your question. A possible advantage of the EEA route would be that your wife's residence card could be used instead of a visa within Europe unless she wouldn't need a visa due to her nationailty anyway. Unfortunately, however, some countries still don't follow the European laws as they should.

    A question that you probably have to ask yourself is whether your wife wants to obtain UK citizenship later? If yes, it's faster with the UK route (under current regulations).
     
    #4 86ti, Sierpień 8, 2008
  5. bkwee

    bkwee New Member

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    That pretty much echoes what I thought as well. The UK path is a faster way to permanent residency and ultimately citizenship. If that’s not a concern then the EEA path may be best, especially since it does not have a fee. Looks like its decision time again. Thanks for the input.
     
    #5 bkwee, Sierpień 8, 2008
  6. 86ti

    86ti Active Member

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    Unless you haven't done so already have a look over here http://www.immigrationboards.com/

    I think your question has popped up there occasionally, probably in the General UK Immigration forum.
     
    #6 86ti, Sierpień 8, 2008
  7. shasri

    shasri New Member

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    hey bkwee, i just found your thread after posting my question:
    i'm an Aussie already in the UK last 4.5 years on a student visa, married to an irish citizen for 1.5 years, hoping to take up a job in Sept 09 (and finish my studies around that time).
    Was going to go down EEA2 route til i found out on this site about the Irish special deal. Not sure if I'm FLR(M) or SET(M). And what are benefits/risks.. Would be grateful to hear how you got on and any tips etc...
    thanks heaps,
     
    #7 shasri, Maj 4, 2009
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