EEA living in UK/travel/EEA family permit

[Valderin]

Hi so the gov page says:

Applying as a family member or extended family member
The EEA citizen you’re joining must either:

be in the UK already
be travelling with you to the UK within 6 months of the date of your application
If they’ve been in the UK for more than 3 months they must either:

be a ‘qualified person’ (working, looking for work, self-employed, studying or self-sufficient)
have a permanent right of residence

I am in UK since January and I want to apply for my wife's EEA Family Permit asap. I am starting my work in april( now doing all the paperwork and stuff)
the questions is..what would happen if i would decide to go home for Easter(for like week or so)? Would that absence in UK restart that 3 month period?Or I shouldn't be worried about that?

Maybe this is dumb question but it just came to my mind and i wouldnt really want more delays..

oh if that changes anything I got my NIN few days after i arrived to UK

[noajthan]

Hi so the gov page says:

...

I am in UK since January and I want to apply for my wife's EEA Family Permit asap. I am starting my work in april( now doing all the paperwork and stuff)
the questions is..what would happen if i would decide to go home for Easter(for like week or so)? Would that absence in UK restart that 3 month period?Or I shouldn't be worried about that?

Maybe this is dumb question but it just came to my mind and i wouldnt really want more delays..

oh if that changes anything I got my NIN few days after i arrived to UK

You are allowed time off for good behaviour.

Start your work in April then wife can apply for FP. Should be fine.

[Valderin]

thx, but what I am wondering.. since i came i was self sufficient and looking for job. I got the job, just starting in april but basicaly she could apply in April. Thing is how my absence would count?When i come back i would have to wait again 3 months or i will just have a minor setbak of a week or two? Sorry, I am just confused with that because i dont know how they "count" those 3 months..

Just to be safe I could probably call Home Office also...

cheers

[noajthan]

thx, but what I am wondering.. since i came i was self sufficient and looking for job. I got the job, just starting in april but basicaly she could apply in April. Thing is how my absence would count?When i come back i would have to wait again 3 months or i will just have a minor setbak of a week or two? Sorry, I am just confused with that because i dont know how they "count" those 3 months..

Just to be safe I could probably call Home Office also...

cheers

Your wife can apply for a FP as soon as you (both) meet the requirements.
There is no need to wait 3 months, if you had been exercising treaty rights from day 1 she could have applied on day 1.

If you really are a qualified person in the 'self-sufficient category' already (that is, including holding CSI) then that means wife can apply for FP now.

[Valderin]

ok..Maybe I am missing something..but..if my wife can apply even now, why it says that i have to be in UK for at least 3 months and be a qualifed person?

[noajthan]

ok..Maybe I am missing something..but..if my wife can apply even now, why it says that i have to be in UK for at least 3 months and be a qualifed person?

You have some misunderstandings here.

When you arrive in UK you have a 3 months 'grace period' during which you can do as you wish.
This is as per EU law.

After 3 months maximum you should be exercising treaty rights as a qualified person.
That means as:

• worker or
  self-employed or
  student or
  self-sufficient or
  jobseeker.

That does not mean you have to wait 3 months before exercising treaty rights!
If you wish to do so (& can do so, for example you get a job) you can start exercising treaty rights from day 1. This makes you a qualified person.
Therefore you could be in a position to apply for FP earlier than 3 months.

Simply apply for the FP when you meet the requirements for a FP and have the appropriate supporting evidence.

[noajthan]

You can get up to speed on EU free movement here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

[Valderin]

thx a lot. I will read that carefully in the morning..but let me ask you 1 more question so i would know if am going in right direction.

So basicaly that would mean that they say about 3 months because in that time i dont have to be qualified person. So, if I am qualifed i don't have to wait those 3 months, i.e i can apply for FP as soon as I am qualified?

thx for help, i will go through it again in the morning with fresh mind and read that EU document u provided

cheers

[noajthan]

thx a lot. I will read that carefully in the morning..but let me ask you 1 more question so i would know if am going in right direction.

So basicaly that would mean that they say about 3 months because in that time i dont have to be qualified person. So, if I am qualifed i don't have to wait those 3 months, i.e i can apply for FP as soon as I am qualified?

thx for help, i will go through it again in the morning with fresh mind and read that EU document u provided

cheers

Yes that is quite a good understanding now.

[Valderin]

thank you very much. Once again this forum was very helpfull.