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✎ EN EEA Family Permit to Residency Document questions

Tema en 'Immigration UK' comenzado por arracka, 13 de Abril de 2006.

  1. arracka

    arracka New Member

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    Hi there

    First off: What a wonderful forum! I've picked up many wondering pieces of advice here relevent to our situation: EEA National (my wife) and a non-EEA National (me) moving to the UK.

    I've hunted about on the forum but I've not found an answer to this question though:

    1. We've planned out move to the UK for years and we have a UK joint bank account with approx. GBP 16k in it. We're about to actually come into the UK and trek about a bit before we settle down by finding work and a place to live. In order to extend the 6 month limit on my EEA Family Permit, we wanted to apply for the Residency Documents (via forms EEA1 & 2) as soon as we arrived in the UK on the grounds of Self Sufficiency. Do we have enough for the IND to accept our claim to self sufficiency? It would be nicer to get that 5 year Residency Permit in which to find work at our own pace (ie. till our money began to run low) instead of having a few months to sort it out before I'm kicked out of the country.

    2. When you do apply for the Residency Document does the whole process have to be completed, ie the Residency Document issued, before my EEA Family Permit expires? Or is it sufficient to have the application lodged?

    3. Do you need a residential address to apply for the Residency Document? I have relatives in the UK, whose addresses I could use for postal purposes and I'll have a mobile phone and I was intending to provide these as methods of contact while we trekked about.

    I have passed these questions onto the IND, but it would be great if someone here could provide some advice as I'm unsure how long the IND takes to respond.

    Its been a bit distressing recently as the Canberra, Australia British Consulate told us that we could just goto to the IND in Croydon as soon as we arrived in London and apply for the Residency Document, but I called the IND yesterday (We're currently with my wife's family in the Netherlands) and was told that we'd need to have work before we could even think of doing it.

    Any advice you can provide would be REALLY appreciated!

    Thanks in advance.

    Aaron
     
  2. brownbonno

    brownbonno Active Member

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    Hi Aaron,

    Read through the link below on the The Immigration (European Economic Area) Regulations 2006.
    Answers to your questions should be available there.

    http://www.opsi.gov.uk/si/si2006/uksi_20061003_en.pdf

    EXPLANATORY MEMORANDUM

    http://www.opsi.gov.uk/si/em2006/uksiem_20061003_en.pdf

    Cheers
     
  3. arracka

    arracka New Member

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    Thank you for your help. I have read through the documentation and found that self sufficiency includes medical cover also. However, I could not find anything to:

    1. Provide a metric on how much money the IND deems to be sufficient to not require social service funds

    2. If our traveller's insurance, which goes for 12 months and can be extended while I'm abroad is considered to be sufficient medical cover

    3. If I require a residential address in my name or if I can specify a UK relative's address

    4. Need I have the Residency Document issued to me prior to the expiration of my EEA Family Permit, or if my application submission is sufficient

    Thank you for your help though.

    Regards
    Aaron[/list]
     
  4. brownbonno

    brownbonno Active Member

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    Your specific question on the amount of money can only be answered to the letter by the IND.
    Remember you need a comprehensive health insurance and a UK address is a definite requirement.Resident document can only be issued when all requirement are satisfied.
     
  5. Triple H

    Triple H Addicted member

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    "2.1. Economically non-active and retired persons
    The right of residence for economically non-active persons and retired persons under
    Directives 90/364/EEC and 90/365/EEC is subject to two conditions. First, the EEA
    national must have sufficient resources to avoid becoming a burden on the social
    assistance system of the host EEA State during his period of residence; second, he must
    be covered by a health insurance in respect of all risks in the host EEA State (Article
    1(1), first subparagraph). The resources of an EEA national shall be deemed sufficient if
    they exceed the threshold for social assistance applicable in the host EEA State (Article
    1(1), second subparagraph). Where this rule cannot be applied in an EEA State, the
    resources shall be deemed sufficient if they are higher than the level of the minimum
    social security pension paid in the host EEA State (Article 1(1), third subparagraph).
    The family members entitled to accompany the holder of the right of residence are his or
    her spouse and their dependents in the descending or ascending line "

    There is no set rules how much you should have in the bank,you should be OK thought. But as brownbono rightly pointed out you should have adequate accommodation and health insurance
     
  6. arracka

    arracka New Member

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    Thanks very much for your help. Can you please tell me where you gained access to those Directives? (I searched the IND site and couldn't find them).

    I called IND again and had a rather helpful woman assist me in my enquiries. I discovered that following:

    1. There appears to be nothing stopping us from applying for Residency Documents (via EEA1 and EEA2) on the grounds of economic self sufficiency when we arrive in the UK. The success of our application however is something I can only gauge when I speak with the IND people when I goto the office in Croydon.

    2. I do not need my Residency Document to be issued prior to the expiration of my EEA Family Permit as it is sufficient to have lodged to application for it by that time.

    3. I did confirm the information I'd seen elsewhere in this forum, that if I got work before my EEA National wife, then it would be sufficient for us to lodge the Residency Permit applications.

    The remaining option is to apply for the Residency Permit once I, my wife or both of us have work. I found the following on the IND site:

    "...The EEA national's position within the organisation, the purpose of the work, the level of income it yields (including whether or not the person has to supplement his or her income by claiming social security benefits), and whether payment is in cash or in kind, are not relevant factors."

    It goes on to state that the definition of a "Worker" includes a job seeker.

    From this I interpret that:
    a) If we're registered with job agencies we're considered to be workers?
    b) Once we are employed, it doesn't matter what the contract duration or salary level is, it is sufficient to apply for the Residency Documents based on being employed?

    1. Can anyone confirm if my understanding in the 2 points above is correct?; and
    2. Does anyone know what the minimum level of the social security pension is?


    Thank again for your support.

    Cheers
    Aaron
     
  7. Triple H

    Triple H Addicted member

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    Its been a long time,can not remember.
     
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