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✎ EN EEA Family Permit eligibility

Discussion in 'Immigration UK' started by DrGGH, Sep 27, 2013.

  1. DrGGH

    DrGGH Member

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    Does anyone know if I have a job offer in the UK, and my wife who is a Lithuanian national is unemployed, am I eligible for an EEA FP to the UK?
     
  2. Cyrilexpat

    Cyrilexpat Administrator
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    Yes you can.
    However it all depends on your wife who must exercise one of her EU "Treaty Rights2 to remain in the UK. It could be one of the followings:
    -Worker(employment including self-employed);
    -Seeking employment;
    -Self sufficiency (this is the case for pensioner for instance);
    -Study.

    ‘Self sufficiency’ means having necessary saving, receiving regular funds from abroad... and can also include where it is the non-European national who is working and supporting the family, rather than the European national themselves.

    In a nutshell they want to avoid the EEA to claim benefits and public funding, so if this is not the case, it is usually pretty easy to demonstrate that a Treaty Right is being exercised.

    You will find all the guidance regarding EEA on the UK Border Agency website.

    And more details also on the UK work permits website.
     
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  3. DrGGH

    DrGGH Member

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    Thank you.
    What if I had a FP before and we just went to the UK for 1 week and returned home, now the FP has expired while we are still out of the UK, so we did not stay in the UK for 3 months, can I apply for another FP in this case to reenter?
     
  4. Cyrilexpat

    Cyrilexpat Administrator
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    You will need to re-apply for another EEA family member visa.
     
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  5. DrGGH

    DrGGH Member

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  6. Cyrilexpat

    Cyrilexpat Administrator
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    Yes, I responded.
     
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  7. LRSM

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    Hello Cyrilexpat,
    One question in this regards if you can support me: So, I, as Family Member of a EEA national, got a Family Member Permit visa, valid for 6 month. We are already living in the UK. I am working and my wife (the EEA national) is looking for a job, but she noticed that it might take as long as 8 months for her to get license to start working here, as she is a dentist. In the meantime my visa will expire (it has as standard a 6 months expiration). I travel very frequently (internationally) due to my job function so I, in most of the cases, need to explain the border agency that we are living here, etc and I am starting getting a little worried if one they they might say "you ca't get in", despite of the family membe rpermit visa on it, so my 2 questions are:
    1) Do I need to renew the Family Member Visa after these 6 months or it will remain valid as long as we continue living here, independent on the date stamped on it?
    2) The single fact that she have applied for the exam at GDC already would suffice to prove that her is exercising her Treaty rights?
    Thank you in advance.
     
  8. Cyrilexpat

    Cyrilexpat Administrator
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    In theory, as a EEA, she has right to stay (with her family) as long as she exercise one of her European treaty right, which include looking for a job (in that case being of the process of getting licence).
    Any proof (including studies/exams) that she is ercising treaty rights are good.In term of your family visa, it should have a date on it. You will have to renew it before it expire.
     
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