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Application form to use for family members application outside the UK

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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union
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Application form to use for family members application outside the UK

Post by union » Sun Sep 17, 2017 6:50 pm

Hello guys,

Please I need help with the application form link I can use to apply for my wife and 2 children who are non eea and outside the UK.
The application will be made and submitted outside UK.
I have a permenent residence card and I am confused on what form to use for their application and what visa type they can apply for.
Kids are under 6 years and wife.
Your suggestions is higly welcomed. If you can answer with a link to the application form that would be very helpful.

Thanks

secret.simon
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Re: Application form to use for family members application outside the UK

Post by secret.simon » Sun Sep 17, 2017 7:05 pm

Just to clarify, going through your posts, you are a non-EEA citizen who has got PR under the EU route by marriage to an EEA citizen, after a period on RoR. Is that correct?

I am not sure that non-EEA citizens with PR in the UK can sponsor their spouse and children under the EEA Regulations. You will likely have to apply under the UK Immigration Rules. But wait for others to comment on this point.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

union
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Re: Application form to use for family members application outside the UK

Post by union » Sun Sep 17, 2017 7:14 pm

Yes, you are correct. I am a non-EEA citizen who has got PR under the EU route by marriage to an EEA citizen, after a period on RoR.

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CR001
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Re: Application form to use for family members application outside the UK

Post by CR001 » Sun Sep 17, 2017 8:23 pm

union wrote:
Sun Sep 17, 2017 7:14 pm
Yes, you are correct. I am a non-EEA citizen who has got PR under the EU route by marriage to an EEA citizen, after a period on RoR.
You can only sponsor your wife and child under the UK immigration rules and you must meet the financial requirement of £24,800pa and your spouse needs to meet English A1.

Form VAF4A and Appendix FM.

Visa costs £1,464 EACH and you also have to pay £600 EACH for the Immigration Health Surcharge.

Presumably you married your current spouse after your divorce from your EU spouse??
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union
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Re: Application form to use for family members application outside the UK

Post by union » Sun Sep 17, 2017 8:27 pm

Yes, The marriage came after a year of divorce

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CR001
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Re: Application form to use for family members application outside the UK

Post by CR001 » Sun Sep 17, 2017 8:30 pm

I have moved your topic to this sub forum (family immigration) as it is not relevant in the EEA/EU route sub forum as you are not able to sponsor them on that route.
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union
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Re: Application form to use for family members application outside the UK

Post by union » Sun Sep 17, 2017 10:46 pm

@CR001
Thank for the answers given above.
I just need to know the exact reason why I can not apply to bring my family over under the EU/EEA reguslations which I sued for my PR application. Is it because I got PR after ROR as I divorced before the 5 years of to an EU/EEA citizen?

secret.simon
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Re: Application form to use for family members application outside the UK

Post by secret.simon » Mon Sep 18, 2017 12:51 am

union wrote:
Sun Sep 17, 2017 10:46 pm
@CR001
Thank for the answers given above.
I just need to know the exact reason why I can not apply to bring my family over under the EU/EEA reguslations which I sued for my PR application. Is it because I got PR after ROR as I divorced before the 5 years of to an EU/EEA citizen?
Read through the EEA Regulations. It specifically applies to either qualified persons (EEA citizens exercising treaty rights) or "EEA national with a right of permanent residence" and their family members.

A non-EEA citizen with PR cannot sponsor a person under the EEA Regulations because the EEA Regulations are designed around the rights of the EEA citizen.

However, a non-EEA citizen with PR is considered settled under UK law and hence can sponsor a spouse and children under the UK Immigration Rules.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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