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✎ EN Does EEA partner have to be in the UK to make application?
    

Discussion in 'Immigration UK' started by Tambourine, Oct 5, 2010.

  1. Tambourine

    Tambourine New Member

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    Gender:
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    Living In:
    Australia
    Nationality:
    Australian (AU)
    Languages:
    English, German
    What I really want to know is: does the EEA-member of the family have to go to the UK first and "exercise treaty rights" there before the non-EEA partner can apply for an EEA family visa?

    Is there any way to apply for an EEA visa BEFORE either partner has entered the UK, and then go there together if successful?

    I could be naive in all this, but in an ideal world, why would one partner (the EEA citizen) go over there and start working when it is not certain that the non-EEA partner can join them?

    I can't imagine letting my partner go to the UK knowing it will probably be 6 months+ before they process my visa and I can join them.
     
    #1 Tambourine, Oct 5, 2010
  2. estellegb

    estellegb Active Member

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    Gender:
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    Living In:
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    Nationality:
    French (FR)
    Languages:
    french, english
    hiya,

    i am not entirely sure about your situation but maybe this will give you a clue..
    A friend of mine applied for residence card after his wife had been living in UK for less than 1 year and they refused his RC with the reason that his partner was not a resident as she had not lived here 5 years.
    I guess this is truly stupid as u r entitled to work and live freely when u r EEA but they do tend to make things difficutl...
    What i advise you is to consult a n immigration sollicitor and ask these questions ....cos the HO will not give you any answers, they will just tell u to consult the website...

    Hope this helps ..
     
    #2 estellegb, Oct 5, 2010
  3. Yousafzai

    Yousafzai Addicted member

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    English, Urdu, Pashto
    Your EEA spouse does NOT have to be in the UK for you to apply for EEA Family Permit since it can be issued for both joining your spouse in the UK or accompanying him/her to the UK.
     
    #3 Yousafzai, Oct 5, 2010
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