Applying for EEA Family permit from NL with Schengen visa

[irishkin]

Hi everybody,

May be somebody has experience with this kind of application. My parents have applied for residence card on EEA2 form (I am Dutch, they are non-EEA). Their permit is expired by now, but my father has to travel.

The issue is getting back. He can't apply for a new EEA Family Permit from the home country since it's not EU and I believe that means he needs to satisfy normal immigration rules which he won't (dependent but not over 65). Or will he be able to do that since it will be viewed that he has been legally resident in the EU? (last 6 month of living with me in the UK while waiting for residence card).

Finally, I though he can apply for Dutch visa and then when we are in Holland he can apply for a EEA FAmily permit - will being in NL on normla visit visa qulify as "legaly resident in EU state"? According to Jia case it should, but just wondering if anybody has any experiences?
Thanks

[thsths]

The issue is getting back. He can't apply for a new EEA Family Permit from the home country since it's not EU and I believe that means he needs to satisfy normal immigration rules which he won't (dependent but not over 65). Or will he be able to do that since it will be viewed that he has been legally resident in the EU? (last 6 month of living with me in the UK while waiting for residence card).

Since the application is pending with the Home Office, he is presumed a legal residence in the UK until the application is refused. However, this is a finer point of the law, and I would not expect that whoever checks your passport understands that.

The other option is to be bold and rely on http://www.gherson.com/articles/new-ait ... -nationals . The problems here are that this has not been implemented yet (although it will make a senior officer thing twice about a refusal). Also you would need to prove dependency.

Finally, I though he can apply for Dutch visa and then when we are in Holland he can apply for a EEA FAmily permit - will being in NL on normla visit visa qulify as "legaly resident in EU state"?

The casework instructions have been updated, but it all depends on your caseworker. Legally, this option seems the most certain, but it is a lot of hassle.

Tom

[irishkin]

What do you mean casework instructions were updated?What particular aspect are you referring to? Is it public domain yet?

Also, why would it be a lot of hassle? You mean at the British embassy in Holland? Can they put up obstacles?
Thanks