EEA Family Permit Granted for UK entry. What next????

[PAVA10]

My Peruvian wife has been granted her EEA family permit for entry into the UK. Could anybody please summarise the next applications which she will need to make to gain permanent residence and ultimately citizenship?

I understand that her permit is for 6 months and that she needs to be settled here (with me) for a period of 5 years before obtaining citizenship. I just want to be sure well in advance that she makes the correct applications at the right time and that we have all of the required paperwork to support her applications

Thanks in advance,

[John]

EEA Family Permit Granted for UK entry. What next????

Clearly she should come to the UK!

After that, after it is clear she is exercising EU Treaty Rights in the UK .... what is she going to be doing in the UK? ..... she should use form EEA2 to apply for a 5-year Residence Card. After she has been in the UK for 5 years she would get PR .... Permanent Residence .... she can use form EEA4 to apply for a Permanent Residence sticker.

After she has had PR for one year she can apply for Naturalisation as British.

But some other facts please that might change the above. Your nationality? What is that? And how long have you been in the UK exercising EU Treaty Rights? Do you intend to apply for Naturalisation as British when you are eligible?

[PAVA10]

Thanks for the reply.

I am a dual national British / Irish but am Irish for all purposes whilst in the UK. I was born in the UK and have lived here all my life expect for a 2 year period in France.

Regarding the 5 year residence application - does my wife have a set time delay to do this in and how is this delay measured? Does she have 6 month to submit her 5 year residence application or 6 months to be granted 5 year residence? I am hearing that this type of applcation can indeed take upto 6 months to process so I am a little concerned on timing. Do you know the average process time for this application?

Will my wife need the 5 year residence approval to obtain a job / NI number or can she start to do this upon arrival?

Regards,

[yankeegirl]

Your wife can make the application for the 5 years residence anytime after coming to the UK. She can start looking for work and get a NI number with the family permit; no need to wait for the residence card. I'm still on the family permit (sending form EEA2 in a few weeks) and have an appointment for a NI number next week. It can take six months to get the 5 year residence but the Home Office will send a letter after receiving the application that states she is able to work so she can give this to an employer if they have any questions.

Glad to hear she got it!!!

[Rozen]

EEA Family Permit Granted for UK entry. What next????

After that, after it is clear she is exercising EU Treaty Rights in the UK ....

Is it her who is supposed to be exercising the Treaty rights, or her husband, who is the EU national? If, say, she was a housewife, would she not still be entitled to apply for a residence card on the EEA2 form, as long as her husband was still exercising his Treaty rights?

[Docterror]

Is it her who is supposed to be exercising the Treaty rights, or her husband, who is the EU national? If, say, she was a housewife, would she not still be entitled to apply for a residence card on the EEA2 form, as long as her husband was still exercising his Treaty rights?

Technically, yes, it is the EEA family member who should be exercising the treaty right and if the EU member ceases to exercise the right in the first 2-3 years (depending on the case) the non-EEA member will not be allowed to stay even if the non-EEA is exercising the treaty right.

But practically, it can be the either of them as a distinction is not made at the PR processing stage of the individual.

Also, a house wife will also be eligible for a Residence Card if the EEA husband/partner is working.

[IMMIGRATION LAWYER]

Hello,

1. EEA FP first (6 months visa)

2. EEA2 application next (5 years visa; but depends on yoru status/work in the UK)

3. Make it totally 5 years in the UK and apply with her for ILR (both of you must be economically active) - EEA3 and EEA4 applications.

4. Make it 12 months - both of you (under the current legislation) will be able to apply for naturalization.

[John]

3. Make it totally 5 years in the UK and apply with her for ILR (both of you must be economically active) - EEA3 and EEA4 applications.

No, don't apply for ILR .... apply for PR! The distinction now is important, given that applicants for PR do not need to pass the Life in the UK Citizenship test before applying.

Also, no applications actually needed, given that under the terms of the EU legislation that came into force on 30.04.06, the PR is given automatically, without application. For the submission of forms EEA3 and EEA4 is voluntary, and will give no extra rights, but mere confirmation of the rights held.

[RayJay]

3. Make it totally 5 years in the UK and apply with her for ILR (both of you must be economically active) - EEA3 and EEA4 applications.

No, don't apply for ILR .... apply for PR! The distinction now is important, given that applicants for PR do not need to pass the Life in the UK Citizenship test before applying.

Also, no applications actually needed, given that under the terms of the EU legislation that came into force on 30.04.06, the PR is given automatically, without application. For the submission of forms EEA3 and EEA4 is voluntary, and will give no extra rights, but mere confirmation of the rights held.

Hi John
Just a question. We have 5 years resident permit issued in Nov 2004. if we do not apply for PR in 2009, you mean we can apply straight away for naturalisation in Nov 2010 without the need of PR documents and passing the Life in UK test.
Also Is there any BIA link please if any.
Thanks

[JAJ]

Hello,

1. EEA FP first (6 months visa)

2. EEA2 application next (5 years visa; but depends on yoru status/work in the UK)

3. Make it totally 5 years in the UK and apply with her for ILR (both of you must be economically active) - EEA3 and EEA4 applications.

4. Make it 12 months - both of you (under the current legislation) will be able to apply for naturalization.

4. Spouse is also a British citizen, so this does not apply. No additional 12 month waiting period for spouses of British citizens.

And for 3. as spouse is a British citizen, it's possible to use the "ppron method" to go for naturalisation after 3 years with no need to obtain PR.

[sakura]

3. Make it totally 5 years in the UK and apply with her for ILR (both of you must be economically active) - EEA3 and EEA4 applications.

No, don't apply for ILR .... apply for PR! The distinction now is important, given that applicants for PR do not need to pass the Life in the UK Citizenship test before applying.

Also, no applications actually needed, given that under the terms of the EU legislation that came into force on 30.04.06, the PR is given automatically, without application. For the submission of forms EEA3 and EEA4 is voluntary, and will give no extra rights, but mere confirmation of the rights held.

Hi John
Just a question. We have 5 years resident permit issued in Nov 2004. if we do not apply for PR in 2009, you mean we can apply straight away for naturalisation in Nov 2010 without the need of PR documents and passing the Life in UK test.
Also Is there any BIA link please if any.
Thanks

Your partner is a Czech citizen. After you both spend 5 years in the UK, you are given PR automatically. You don't need to apply for it. One year after, in 2010, you can apply for naturalisation. BOTH of you need to take the Life in the UK test for that.

[RayJay]

3. Make it totally 5 years in the UK and apply with her for ILR (both of you must be economically active) - EEA3 and EEA4 applications.

No, don't apply for ILR .... apply for PR! The distinction now is important, given that applicants for PR do not need to pass the Life in the UK Citizenship test before applying.

Hi John
Just a question. We have 5 years resident permit issued in Nov 2004. if we do not apply for PR in 2009, you mean we can apply straight away for naturalisation in Nov 2010 without the need of PR documents and passing the Life in UK test.
Also Is there any BIA link please if any.
Thanks

Your partner is a Czech citizen. After you both spend 5 years in the UK, you are given PR automatically. You don't need to apply for it. One year after, in 2010, you can apply for naturalisation. BOTH of you need to take the Life in the UK test for that.

Lets get it right, what John says is only applies because one of OP is British National?

Also won't I need to have some kind of document to sent with the application form. I remember filling a form for one of my friend for Naturalisation. it was asked to attach the ILR with the application.

Thanks

[Docterror]

RayJay, have read through Page 5 of Guide AN. It clearly says that ILR need not be held by EEA nationals and by default the family members as well.

[John]

Lets get it right, what John says is only applies because one of OP is British National?

What? Well let's just say that is not my opinion at all.

It clearly says that ILR need not be held by EEA nationals and by default the family members as well.

No, but they will need to have Permanent Residence status, and if not married to (or in Civil Partnership with) a British Citizen to have held that PR status for at least one year.

[Docterror]

and if not married to (or in Civil Partnership with) a British Citizen to have held that PR status for at least one year.

John, nice of you to pick on that, and I know that it is the general interpretation as well. But a look at 7.4(i) of Annex B to Chapter 18 of naturalisation instructions says that:-

Discretion to disregard immigration time restrictions in the final 12 months may normally be exercised if:
.
.
.
(i) if the applicant is a national of an EEA country or is a Swiss national, we are satisfied that he or she was genuinely unaware of the need to satisfy this requirement.

So, as long as an EEA/Swiss national isn't reading what I have just disclosed, they donot have to wait that one year on PR/ILR/No time Limit! One of those times when ignorance truly is bliss?

[Directive/2004/38/EC]

Technically, yes, it is the EEA family member who should be exercising the treaty right and if the EU member ceases to exercise the right in the first 2-3 years (depending on the case) the non-EEA member will not be allowed to stay even if the non-EEA is exercising the treaty right.

But practically, it can be the either of them as a distinction is not made at the PR processing stage of the individual.

Also, a house wife will also be eligible for a Residence Card if the EEA husband/partner is working.

Interesting theme.

A Permanent Residence Card should be no problem if the non-EEA citizen works and generates enough money to support the EEA citizen and purchase health insurance.

The EEA citizen has the right to come to and remain in a different member state if (1) they are working or if (2) they are a student or if (3) they are self sufficient. In each case they can live with their non-EEA spouse. In the case of (3) it does not matter where the money comes from. The money can come from the non-EEA spouse’s work or from a large bank account or from rich parents. As long as you can prove you fall into one of these three categories when the decision on a Permanent Residence Card is made, you pretty much will get it. It does not matter if you worked when you arrived (1) and later became self-sufficient (3).

I know of several EEA-citizens who were not working but got Permanent Residence Card because they had sufficient personal resources.

[JAJ]

(i) if the applicant is a national of an EEA country or is a Swiss national, we are satisfied that he or she was genuinely unaware of the need to satisfy this requirement.

So, as long as an EEA/Swiss national isn't reading what I have just disclosed, they donot have to wait that one year on PR/ILR/No time Limit! One of those times when ignorance truly is bliss?

I think that only applied to cases where those who had been resident in the U.K. for 5+ years on 30.04.06 made a naturalisation application between 01.05.06 and 30.04.07.

I suspect the need for discretion would have meant a longer processing time.

[Docterror]

I think that only applied to cases where those who had been resident in the U.K. for 5+ years on 30.04.06 made a naturalisation application between 01.05.06 and 30.04.07.

Which would mean that they set up that entire part of the law just for applications for an year while they could have easily send it back and asked to apply for it 1 year later.