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✎ EN EEA Family Permits in EU countries

Discussion in 'Immigration UK' started by Traveller50, Nov 30, 2005.

  1. Traveller50

    Traveller50 New Member

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    Is anybody able to advise if you can apply for EEA Family Permits in EU countries as well as UK?

    I am a British Citizen living in Australia and my husband is an Australian citizen and we are taking a long trip next year. The only way my husband can work in UK is if we apply for a Settlement Visa, which costs $700.

    I wonder if we can obtain an EEA Family Permit for any other EU country. As I am a British citizen my husband cannot get this in the UK, but logically should be able to get one in other agreement countries.

    I am not having much luck finding this information, so if anyone can advise or assist with links to useful information I would really appreciate it.

    Thanks

    SB
     
  2. Triple H

    Triple H Addicted member

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    Hi there,

    Why dont you try IRELAND?Your husband need no visa,english speaking,initialy your husband COULD NOT WORK,once you have a job he could apply for residence,and could work..Talking from personal experience.If any other info you need just ask!

    Regards

    Triple H
     
  3. arnie7

    arnie7 Member

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    You can get the family permits in any EU country. However, they only permit you to live/work in the country that you get them in ie if you get one for Ireland then your husband could only live & work in Ireland, not in the UK.

    But, that doesn't matter. Just apply for the family permit in the UK. I don't see anywhere on
    http://europa.eu.int/youreurope/nav/en/ ... ls/en.html

    that it says you can't use european law even if you're British. I think that this is quite a recent change as I had to say I was Irish to get the UK residence permit a few years back.

    However, you will find, as I did, that the Canberra embassy know absolutely nothing about this and in fact refused to issue me with one for Wendy. This doesn't actually matter as you & your husband can fly to the UK and then apply for the family permit once you get there since he's not a "visa national" ie he doesn't need a visa to come to the UK. Strictly speaking he needs an "entry clearance" from the British Embassy in Canberra as he'll be intending to stay more than 90 days but a) they refuse to issue them without A$5000 application fee and b) you don't need one anyway as it is entirely legitimate to apply for the permit within the first 90 days after you arrive in the UK.

    He can start work as soon as you put the application in as per the European legislation. Note that you don't apply for this through the normal Home Office channels - there is an office in Croydon which deals with these issues. Aside from avoiding the queue for the "foreigners" (to ask him to queue with them would be discrimation against you, hence they don't ask), it's free, automatically renewable and non-discretionary (ie they can't turn you down).

    Take a packed lunch when you go for the interview to get his national insurance number. It took us over 3 hours despite there being a legal obligation for the social security people to issue one on the request of someone holding a european residence permit.


    Arnold
     
  4. Triple H

    Triple H Addicted member

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    As far as I know this is not possible,please could you back up this with more info,thanks.

    So you have Irish passport?
     
  5. arnie7

    arnie7 Member

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    I too got the permit by saying I was Irish several years ago.

    At that time, there was a specific exemption in the EU rules so that if you were a national of the country, you couldn't use EU law. Going by the europa website now, that exemption has been removed ie there appears to be no reason why you can't use EU law even in your own country. If you think about it, this is quite logical in that EU law forbids discrimination on the basis of European nationality (except in limited cases for the new European countries at the moment).

    The Home Office website is almost always behind the times. Even when I applied for Wendy's permit (she's Australian), it said on the Home Office site that you couldn't get the permit if you were just living together which, even then, was contrary to what the europa site said "or that you were living under his/her roof in your country of origin.". Just living together was enough, as per the europa site.

    http://europa.eu.int/youreurope/nav/en/ ... ly/en.html
     
  6. Triple H

    Triple H Addicted member

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    Are you dual national? That would make big difference.This is the first time I hear something like this.Maybe your circumstances are exeption rather then law.
     
  7. alabama

    alabama Well-Known Member

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    I'm dual national - French and British and residing in Britain. I phoned up the IND and they said I could use my French nationality to apply for a Family Permit for my American husband and then use it to apply for EEA2. However, I then wouldn't be able to use British immigration law once I'd embarked on the EU route.
     
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