still can we apply for EEA family permit

[tortise]

hi everyone .I am new to this form I need some some info from you guys I always read your informative news. I hope You can give me good advice

I am in Amsterdam living with my wife she is British citizen but she born here in Amsterdam. we are planning to move to UK in next year I am non Eu national with residence card on base of article 10 as a family member of EU citizen.
question is shall I go through SS route ? my wife born here so can we go through this way?
if surrinder singh route then what are the document requirements ?

advance thanks . answers will b appreciated .

[noajthan]

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

[tortise]

hi everyone I need some information if you people are free it will be appriciated

I am living in Amsterdam with my British wife but she born in Amsterdam she is British because of her father nationality. I got RC of article 10 , we are planning to move to to UK next year .
I need information how we can go ?I need to apply for Visa?
can we go through Surrinder singn route? if yes then what are the documents we need?

can you guys help please???

advanced thanks

[noajthan]

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

[noajthan]

hi everyone I need some information if you people are free it will be appriciated

I am living in Amsterdam with my British wife but she born in Amsterdam she is British because of her father nationality. I got RC of article 10 , we are planning to move to to UK next year .
I need information how we can go ?I need to apply for Visa?
can we go through Surrinder singn route? if yes then what are the documents we need?

can you guys help please???

advanced thanks

Assuming no complications such as wife being a dual national and excluded from exercising treaty rights in 'home' country (if she is a Netherlands national)...

No visa required (simply travel with Article 10 RC and proof of relationship).
If risk averse you could apply for a FP.
Hop on plane or ferry and transfer to UK with spouse/sponsor and live your life.

As BC, spouse has no need to exercise treaty rights in UK.
Apply for optional RC if you feel the need. (May be prudent with all wild talk of Brexit).

[tortise]

Thanks noajthen for putting my post on right place .

My wife has only British nationality . My in laws all have resident card of 5 years. And all are British National .

After reaching In UK does she need work to apply for my BRP ?

Thanks for your kind reply .

[noajthan]

Thanks noajthen for putting my post on right place .

My wife has only British nationality . My in laws all have resident card of 5 years. And all are British National .

After reaching In UK does she need work to apply for my BRP ?

Thanks for your kind reply .

Then its quite straightforward, as outlined above.

As a BC, spouse has no need to exercise treaty rights in UK (case law of Eind), so no need to work.
As I said just live your life.

Apply for an optional UK RC as family member if you feel the need. May be prudent to do so with all wild talk of Brexit and one thing and another.

[tortise]

thank you for reply. you make my mind clear .thanks alot

[tortise]

Note Regulations are changing soon such that students and selfsufficient qualified persons may qualify as SS qualified persons.

Hi noajthen . Can you please explain little more about this law. When we can expect changing ? Thank you

[tortise]

Hi everyone
Can anyone please tell me that health insurance is requirement for application of EEA family member .I will apply through surrinder singh route .
And please also explain the documents applying for RC through SS route.

Advance Thanks

[CR001]

Note Regulations are changing soon such that students and selfsufficient qualified persons may qualify as SS qualified persons.

Hi noajthen . Can you please explain little more about this law. When we can expect changing ? Thank you

See link below.

http://www.immigrationboards.com/eea-ro ... 19308.html

[tortise]

Hi noajthen I need information about personal life if possible please contact me on
xxxxxx

Moderator edit: Personal email removed.

[noajthan]

Hi noajthen I need information about personal life if possible please contact me on
xxxxxx

Moderator edit: Personal email removed.

Post in public so all may contribute (and benefit).

[tortise]

Hi noajthen .ok I will ask here my wife as I said is born here in Netherlands she studied here and after study she claimed job seeker benefits and she only worked in 2015 for 1 year and I was working full time also but now she is not working but she is not claiming any benefit is that one year work is enough for to applying SS in UK ?? Thanks alot

[noajthan]

Hi noajthen .ok I will ask here my wife as I said is born here in Netherlands she studied here and after study she claimed job seeker benefits and she only worked in 2015 for 1 year and I was working full time also but now she is not working but she is not claiming any benefit is that one year work is enough for to applying SS in UK ?? Thanks alot

If sponsor/spouse is only British (and not a Netherlands citizen) then one year exercising treaty rights in NL is a good basis and should enable you to make a good case should you transfer to UK.
Make sure you have good evidence of all timelines, residence and activities in NL.

My understanding is there is case law that supports scenarios where sponsor's work was (slightly) in the past and sponsor was not necessarily in work at the time they left the host country.

[tortise]

Yes sponcer is not working from nearly 11 months and I am only working here . I got proof of learning dutch same adress proof islamic marriage certificate from 2013 and dutch marriage certificate from january 2015 apprx 2 years of.

In case they refuse me and I also read link n this board that appeal right will not given after 25 Nov so if I will b refused then I might not able to come back Netherlands because if we live out of country for 6 months then we cant come back please correct me if I am wrong?
Thank you noajthen .

[tortise]

hi everyone
I have got question if EEA2 application is refused and also appeal right is not given and family member is out of the country more then 6 months can he return to the country from where he or she already received article 10 RC??
advanced thanks

[secret.simon]

As I understand from your earlier posts, you are doing a Surinder Singh with your British wife.

An Article 10 Residence Card does not give you an independent right to reside in an EEA country nor the right to reside anywhere else in the EEA. It merely documents your right to reside in the country where your EEA spouse is exercising treaty rights.

So, were your UK EEA RC application to be denied, to return to the Netherlands, your wife would need to accompany you or join you. Your right to reside are contingent on your wife's presence in that country exercising treaty rights (excepting those countries of which she is a citizen).

[tortise]

Yes secret. You are right when I am free I read posts here I seen in one case HO kept the passport and RC of the applicant who was family member. So I am scared of this thing and I also know that more than 6 months I cant live outside the Netherlands.

Thanks alot for your answer .

[noajthan]

Posts merged.

[noajthan]

Yes sponcer is not working from nearly 11 months and I am only working here . I got proof of learning dutch same adress proof islamic marriage certificate from 2013 and dutch marriage certificate from january 2015 apprx 2 years of.

In case they refuse me and I also read link n this board that appeal right will not given after 25 Nov so if I will b refused then I might not able to come back Netherlands because if we live out of country for 6 months then we cant come back please correct me if I am wrong?
Thank you noajthen .

You apply for FP from outside county so you will know before you travel to UK.