Apply for EEA2 or Permanent Residence?

[CitzApp2021]

Hi All,

So, today I received my Irish residence card application approved. Applied as a Family member(child is over the age of 21) of EU Citizen.

Before I moved to Ireland I lived in UK as a student for over 5 years.

So my question is what do I do once i'm back in UK? apply for EEA(FM) or EEA(PR)?


Thanks in advance.

[CR001]

You don't qualify for PR. You need 5 years residence in the UK on the EEA route before you will qualify. Not sure how Brexit will affect this.

Is the EU citizen who is your sponsor also moving back to the UK?

[CitzApp2021]

You don't qualify for PR. You need 5 years residence in the UK on the EEA route before you will qualify. Not sure how Brexit will affect this.

Is the EU citizen who is your sponsor also moving back to the UK?

I see. No it's my Dad, he might be staying here in Ireland with rest of the family.

[noajthan]

This is one reason why UK is closing down on SS.
You cannot enter or live in UK without sponsor.

[CR001]

If your sponsor does not return to the UK at the same time as you, you will have no right to be in the UK on your own. The EEA rules don't work the way you are wanting to do it.

To apply for a UK residence card, you have to prove dependency on the EU sponsor in the UK, it won't work and you can't apply if your father remains in Ireland.

[CR001]

This is one reason why UK is closing down on SS.
You cannot enter or live in UK without sponsor.

History noajthan, link below.

http://www.immigrationboards.com/eea-ro ... l#p1399391

[CitzApp2021]

If your sponsor does not return to the UK at the same time as you, you will have no right to be in the UK on your own. The EEA rules don't work the way you are wanting to do it.

To apply for a UK residence card, you have to prove dependency on the EU sponsor in the UK, it won't work and you can't apply if your father remains in Ireland.

I wasn't aware of this, in this case we will make other arrangements. We all will move together.

[noajthan]

A RC is not any sort of visa.
For now, until you acquire PR (in 5 years+), you only have rights in UK (or Eire) via your sponsor.
No sponsor no rights.

[CitzApp2021]

A RC is not any sort of visa.
For now, until you acquire PR (in 5 years+), you only have rights in UK (or Eire) via your sponsor.
No sponsor no rights.

Hi Noajthan,

few more questions!

1) If we decide to stay in Ireland, could Brexit effect our visas?
2) Can Stamp 4EUFAM Visa holder apply for UK work visa(Move to UK on his own)?
3) Is there any other way to neutralization or Change visa status?

Thanks

[ohara]

A RC is not any sort of visa.
For now, until you acquire PR (in 5 years+), you only have rights in UK (or Eire) via your sponsor.
No sponsor no rights.

Hi Noajthan,

few more questions!

1) If we decide to stay in Ireland, could Brexit effect our visas?
2) Can Stamp 4EUFAM Visa holder apply for UK work visa(Move to UK on his own)?
3) Is there any other way to neutralization or Change visa status?

Thanks

1) No, but depending on how the exit negotiations go, you may not be able to return to UK via EEA route. Ireland does not appear to have any plans to leave the EU at the moment.
2) 4EUFAM is not a visa. You can apply for a UK Tier 2 work visa if you meet the eligibility criteria. https://www.gov.uk/tier-2-general/overview
3) Yes. Expect to start spending some serious money though. https://www.gov.uk/join-family-in-uk/overview

[noajthan]

few more questions!

1) If we decide to stay in Ireland, could Brexit effect our visas?
2) Can Stamp 4EUFAM Visa holder apply for UK work visa(Move to UK on his own)?
3) Is there any other way to neutralization or Change visa status?

Thanks

1) I don't know, its likely nooone knows for sure. It depends what is going to happen to family members of BCs if they have not acquired PR in Eire by the time of final Brexit.

The BCs in Eire are ofcourse going to be ok in any case - due to CTA.

2) The non-EEA holder of an Irish RC cannot move to another member state on an EU trajectory on their own.
Their rights all stem from their sponsor who needs to accompany them and live there too.

3) In UK or in Eire? You could go via whichever country's domestic migration route; (starting from zero).

[CitzApp2021]

A RC is not any sort of visa.
For now, until you acquire PR (in 5 years+), you only have rights in UK (or Eire) via your sponsor.
No sponsor no rights.

Hi Noajthan,

few more questions!

1) If we decide to stay in Ireland, could Brexit effect our visas?
2) Can Stamp 4EUFAM Visa holder apply for UK work visa(Move to UK on his own)?
3) Is there any other way to neutralization or Change visa status?

Thanks

1) No, but depending on how the exit negotiations go, you may not be able to return to UK via EEA route. Ireland does not appear to have any plans to leave the EU at the moment.
2) 4EUFAM is not a visa. You can apply for a UK Tier 2 work visa if you meet the eligibility criteria. https://www.gov.uk/tier-2-general/overview
3) Yes. Expect to start spending some serious money though. https://www.gov.uk/join-family-in-uk/overview

Thanks for clearing thing up for me!

One more question please,

I, No-EU family member working in Ireland and decide to move back to UK with the whole family, would I be still eligible for EEA2 as a dependent?

Thanks you so much

[noajthan]

Thanks for clearing thing up for me!

One more question please,

I, No-EU family member working in Ireland and decide to move back to UK with the whole family, would I be still eligible for EEA2 as a dependent?

Thanks you so much

EEA2 is now simply called a RC.
Yes, if sponsor moves to UK with you and you remain dependent on your sponsor and your sponsor is a qualified person or settled in UK (or, if you have all done SS, sponsor is British).

[ohara]

EEA2 is just the name of the application form for a non-EEA residence card. If you and your sponsor return to the UK then yes, you can get a residence card. As a dependent you are a direct family member so there is no requirement to actually have an RC. Your rights are derived from your sponsor (depending on their economic activity) and are automatic under EU law.

edit: beaten to it.

[CitzApp2021]

Thanks for clearing thing up for me!

One more question please,

I, No-EU family member working in Ireland and decide to move back to UK with the whole family, would I be still eligible for EEA2 as a dependent?

Thanks you so much

EEA2 is now simply called a RC.
Yes, if sponsor moves to UK with you and you remain dependent on your sponsor and your sponsor is a qualified person or settled in UK (or, if you have all done SS, sponsor is British).

Yes, the sponsor is British!
Does this mean I should not work in Ireland (Remain dependent) until we move back to UK and apply RC?

Thanks!!!

[CitzApp2021]

EEA2 is just the name of the application form for a non-EEA residence card. If you and your sponsor return to the UK then yes, you can get a residence card. As a dependent you are a direct family member so there is no requirement to actually have an RC. Your rights are derived from your sponsor (depending on their economic activity) and are automatic under EU law.

edit: beaten to it.

Thank you @Ohara

I get what you mean

[noajthan]

Yes, the sponsor is British!
Does this mean I should not work in Ireland (Remain dependent) until we move back to UK and apply RC?

Thanks!!!

If over 21 you need to show you are financially dependent on your sponsor for essential daily needs.
If you cannot you are not going to be classed as a direct family member and may face difficulties in procuring a FP with which to enter UK.

[CitzApp2021]

Yes, the sponsor is British!
Does this mean I should not work in Ireland (Remain dependent) until we move back to UK and apply RC?

Thanks!!!

If over 21 you need to show you are financially dependent on your sponsor for essential daily needs.
If you cannot you are not going to be classed as a direct family member and may face difficulties in procuring a FP with which to enter UK.

Hi Noajthan,

Can you please help, I have another question: So I have been trying to find graduate jobs in Ireland, but it doesn't seem easy. I was thinking to move with back to UK with my family. Can I start work immediately(running short on funds) with Stamp 4EUFAM? Or Do I have to wait till I get my UK RC?

Thank you!

[noajthan]

Hi Noajthan,

Can you please help, I have another question: So I have been trying to find graduate jobs in Ireland, but it doesn't seem easy. I was thinking to move with back to UK with my family. Can I start work immediately(running short on funds) with Stamp 4EUFAM? Or Do I have to wait till I get my UK RC?

Thank you!

Another country's RC won't help you once you have made it back to UK.

If sponsor moves with you you will be able to work based on their sponsorship.
Although it looks like November's UK EEA Regulation changes have killed off our old friend case law of Eind so sponsor will (as per understanding) now have to be a qualified person on return to UK.

And whether you can find an employer willing to take you on without confirmation of your status is the 64,000 Euro question.

[CitzApp2021]

Hi Noajthan,

Can you please help, I have another question: So I have been trying to find graduate jobs in Ireland, but it doesn't seem easy. I was thinking to move with back to UK with my family. Can I start work immediately(running short on funds) with Stamp 4EUFAM? Or Do I have to wait till I get my UK RC?

Thank you!

Another country's RC won't help you once you have made it back to UK.

If sponsor moves with you you will be able to work based on their sponsorship.
Although it looks like November's UK EEA Regulation changes have killed off our old friend case law of Eind so sponsor will (as per understanding) now have to be a qualified person on return to UK.

And whether you can find an employer willing to take you on without confirmation of your status is the 64,000 Euro question.

Wow now if that's true, that's massive blow.

One thing i don't understand, My sponsor is British, why do they have to be qualified to move back to their own country?
Plus travelling to UK along with UK citizen is still allowed right?

[noajthan]

Wow now if that's true, that's massive blow.

One thing i don't understand, My sponsor is British, why do they have to be qualified to move back to their own country?
Plus travelling to UK along with UK citizen is still allowed right?

Why would you expect one country's RC to be any use in another country?

Employers are wary because they face punitive penalties for employing illegals.

Because it looks like November's UK EEA Regulation changes have killed off our old friend: case law of Eind.
- suggest check them out; see if you can make sense of them (they are somewhat unclear).

Travelling with EU sponsor should be fine - as per MRAX ruling;
that is if everyone you meet along the way (ferry staff, airline staff, border guards & etc) understands the implications of MRAX.