EEA Family permits for my husband

[azeem777uk]

Dear Sir/Madam

I am living in Lahore, Pakistan with my family (husband and daughter) for the last 3 years now I want to move UK with my family for good, please advise me where should I start? And can my husband apply for EEA family permit for UK either me and my husband living in Lahore, Pakistan for the last 3 years.

I am Danish national my daughter also got Danish nationality and my husband has Pakistani nationality.

Regarding my education and my husband education we both are master degree holder, as far as finance concern we have sufficient funds to live in UK without any public funds in UK.

Please reply me as soon as possible and oblige
ash

[John]

azeem777uk, firstly, as regards your daughter, she also has a Danish passport? If so then clearly nothing to apply for, for her. But if she only has a Pakistani passport then you need to apply for an EEA Family Permit for her as well as for your husband.

azeem777uk, if you are going to be exercising EU Treaty Rights in the UK, such as by being employed, then your family members have a right to be in the UK with you. And your husband will be allowed to work.

Just apply for relevant EEA Family Permits. The application fee is ..... nothing ... thanks to EU regulations.

[azeem777uk]

Thanks John for your reply
john my question was that i am living with my husband and daughter in Pakistan right after marriage now "can my husband apply for eea family permit for uk either i am living in pakistan?"

ASH

[John]

ASH, as long as you have the intention of moving to the UK and to start exercising EU Treaty Rights within 3 months, your husband (and daughter if necessary) can apply for EEA Family Permit(s) .... before you actually move to the UK.

But if you have no intention of moving to the UK and starting to exercise EU Treaty Rights, no those applications cannot be made.

Again, does your daughter have a Danish passport?

[azeem777uk]

Thanks john

as you asked about my daughter nationality"yes my daughter is a danish national"
Actually i dont want to travel to UK alone i want to move there with my family husband and daughter(danish national), please advise me what should i do or what can i do to settle in uk or any other eea state where rules are normally easy.

also i want to tell you that my husband has applied for family reunification for Denmark but its taking too long as he applied on 28 October 2008.

John as you may know these days Pakistan circumstances here people are not safe because of security any way please give me very good advise as a very good friend

regards

ASH

[John]

OK, as you have the intention of moving to the UK, and indeed to exercise EU Treaty Rights there, your husband should indeed apply for an EEA Family Permit.

If your daughter has a Danish passport then such an application does not be made for her. She can, like you, just use a Danish passport to enter the UK.

[azeem777uk]

thanks john you are really very kind to me thanks

ok when i will reach there in uk then i will start exercising EU Treaty Rights there but the thing is is it possible that can we move altogether from Pakistan is there any way to get eea family permit for my husband while i am living in Pakistan

regards

ASH

[John]

Yes, as I have already said, but you must have the intention of exercising EU Treaty Rights within 3 months of arriving, for example, by being employed.

[azeem777uk]

thanks thanks thanks for your kind information

Now please send me link or information regarding how to apply eea family permit for my husband from pakistan.

then we will travel altogether

regards

ASH

[raoulll]

thanks john you are really very kind to me thanks

ok when i will reach there in uk then i will start exercising EU Treaty Rights there but the thing is is it possible that can we move altogether from Pakistan is there any way to get eea family permit for my husband while i am living in Pakistan

regards

ASH

hi john,
my freind is eea national who came to london 5 years ago,but start working after 3 months from his arrival to london,he asking if he can apply for PR now (he has 5 years in london including the 3 months)
or he should wait for 3 months more before applying.
thanks in advance.

[John]

raoulll, if we look at the EU Directive .... click here .... and first look at Article 16.1, we see that it refers to :-

Union citizens who have resided legally for a continuous period of five years in the host Member State shall have the right of permanent residence there.

Having noted that, if we now turn to Article 6, we see that there is the ability to reside in a country for up to 3 months without needing to exercise Treaty Rights as detailed in Article 7, such as employment, self-employment, etc..

So when you say "my freind is eea national who came to london 5 years ago,but start working after 3 months from his arrival to london", did he start work within 3 months, or did it take longer for him to find work and start his first employment in the UK?

[raoulll]

raoulll, if we look at the EU Directive .... click here .... and first look at Article 16.1, we see that it refers to :-

Union citizens who have resided legally for a continuous period of five years in the host Member State shall have the right of permanent residence there.

Having noted that, if we now turn to Article 6, we see that there is the ability to reside in a country for up to 3 months without needing to exercise Treaty Rights as detailed in Article 7, such as employment, self-employment, etc..

So when you say "my freind is eea national who came to london 5 years ago,but start working after 3 months from his arrival to london", did he start work within 3 months, or did it take longer for him to find work and start his first employment in the UK?

thank you for you reply,to be honest with you, he told me he was in london in juin 2005 but start work in the end of octobre 2005,
i thought he can apply for his PR on aug 2010(considering he can be here for 3 month lawfully without exercing his treaty right)

[John]

I think the problem is that it could be argued that as regards "resided legally", it could be argued that after 3 months in the UK, and having not yet started work, he was not actually "legal" in the UK, from some time in September until he started work late October. Unless it is argued that he was self-sufficient for that period, in which case UKBA might be looking for evidence of comprehensive sickness insurance.

However I agree that submitting the application in say August is a good idea, because it is unlikely that the PR will be confirmed until November or later.

[raoulll]

I think the problem is that it could be argued that as regards "resided legally", it could be argued that after 3 months in the UK, and having not yet started work, he was not actually "legal" in the UK, from some time in September until he started work late October. Unless it is argued that he was self-sufficient for that period, in which case UKBA might be looking for evidence of comprehensive sickness insurance.

However I agree that submitting the application in say August is a good idea, because it is unlikely that the PR will be confirmed until November or later.

let say he is willing to apply as soon as possible,what do you think is the best way to apply in this case:
he start his 5 years in london from august 2005(including this 3 months without work )
or
he start his 5 years in london from june 2005(including 5 months as self-suficient without comprehensive sickness) and letter explain the fact he didn't speak english or has any idea about the law at that time(5 years ago).

[John]

I think he should just apply in say August and let UKBA deal with the application. After all from late October at the latest he has PR status, and there is no reason for UKBA to decline to confirm the PR status.

Indeed because he is an EEA national, and not a family member, is there any particular reason for him to want to apply for confirmation of PR status? He does not need to submit a form EEA3, unless he chooses to do so.

[raoulll]

I think he should just apply in say August and let UKBA deal with the application. After all from late October at the latest he has PR status, and there is no reason for UKBA to decline to confirm the PR status.

Indeed because he is an EEA national, and not a family member, is there any particular reason for him to want to apply for confirmation of PR status? He does not need to submit a form EEA3, unless he chooses to do so.

because he scare the law may change before he is eligible to apply for BC,that's why he try to save 3 or more months and also he hold certificate entry level 2 for avoid pass test life in uk
beside it's free and he has nothing to lose,and i think is better to apply for PR after that for BC, at least you don't have to submit all the document for your BC again.

[John]

I fear he is worrying unnecessarily. That is, it is enshrined in the EU Directive that PR status is granted automatically after 5 years, and any documentation issued by UKBA after an EEA3 application will merely be confirmatory of the rights already possessed. Being realistic there is no chance of the EU Directive being changed in the foreseeable future. It would require agreement from EU Governments, and changes are not even on the agenda.

So having got PR status, by late October at the latest, a year later he can apply for Naturalisation, if he wishes to do that.

also he hold certificate entry level 2 for avoid pass test life in uk

Are you saying he has a completion certificate from a combined ESOL/Citizenship course? If yes, fine, but if he "merely" has an ESOL certificate that will not help him as regards Naturalisation.

[raoulll]

also he hold certificate entry level 2 for avoid pass test life in uk

Are you saying he has a completion certificate from a combined ESOL/Citizenship course? If yes, fine, but if he "merely" has an ESOL certificate that will not help him as regards Naturalisation.[/quote]

he got only ESOL Entry 2,what he has to do now for he avoid pass the life in uk test?(he got only 3 months befor apply for PR )
DO HE NEED ADDITIONAL COURSES OR HE START OVER AGAIN!?

[John]

As already explained PR is granted automatically so he does not need any sort of certificate in order to get confirmation of PR status from UKBA. You are confusing PR with ILR.

However if in due course he wants to apply for Naturalisation as British then he will need to supply, when he applies for that Naturalisation, either a pass certificate from the Life in the UK Citizenship test, or alternatively a completion certificate from a combined ESOL/Citizenship course.

[raoulll]

raoulll, if we look at the EU Directive .... click here .... and first look at Article 16.1, we see that it refers to :-

Union citizens who have resided legally for a continuous period of five years in the host Member State shall have the right of permanent residence there.

Having noted that, if we now turn to Article 6, we see that there is the ability to reside in a country for up to 3 months without needing to exercise Treaty Rights as detailed in Article 7, such as employment, self-employment, etc..

So when you say "my freind is eea national who came to london 5 years ago,but start working after 3 months from his arrival to london", did he start work within 3 months, or did it take longer for him to find work and start his first employment in the UK?

[raoulll]

raoulll, if we look at the EU Directive .... click here .... and first look at Article 16.1, we see that it refers to :-

Union citizens who have resided legally for a continuous period of five years in the host Member State shall have the right of permanent residence there.

Having noted that, if we now turn to Article 6, we see that there is the ability to reside in a country for up to 3 months without needing to exercise Treaty Rights as detailed in Article 7, such as employment, self-employment, etc..

So when you say "my freind is eea national who came to london 5 years ago,but start working after 3 months from his arrival to london", did he start work within 3 months, or did it take longer for him to find work and start his first employment in the UK?

thank you for you reply,to be honest with you, he told me he was in london in juin 2005 but start work in the end of octobre 2005,
i thought he can apply for his PR on aug 2010(considering he can be here for 3 month lawfully without exercing his treaty right)

i read somewhere in this topic if you have comprehensive sickness inss at the end of your 5 years resident(let's say the last 2 months) the ho accept your application even you didn't have the comp sick inss in some period (let's say the first 3 months from you residence in uk)
as my understanding your application is acceptable if you have show that you have the comprehencive sick inss at the end of your 5 years resident when you apply in self suffissent category.
any comments about this will be much appreciate.

[John]

Whether there is a need for Comprehensive Sickness Insurance will depend upon how the EEA citizen is exercising their Treaty Rights. It is not required if they are employed or self-employed.

[raoulll]

Whether there is a need for Comprehensive Sickness Insurance will depend upon how the EEA citizen is exercising their Treaty Rights. It is not required if they are employed or self-employed.

thank you for your quick reply,i know that you don't need comp sick inss if you are employed,i want just cover the first 3 month of his resident who wasn't working that time,base on experience of other in this topic i discover that you can buy the comp inss at the end of you 5 years resident even you are working and apply as self suffiessent(you are elegible for both category) for cover the first 3 months(self suffissent)and in this case the ho will not ask about your com sick inss in that time.

Posts: 40
Location: London
Posted: Fri Mar 12, 2010 12:02 pm Post subject: PR granted

--------------------------------------------------------------------------------

Hi,

I just wanted to let you know that PR was granted and our passports came back in around 4 months since getting COA (COA itself took 2 weeks).

For the ones applying as self-sufficient who are wondering what happens for the period you didn't have Private Health Insurance, it seems to be fine to take one by the time you send your documents to HO. No need to back date insurance or things like that. Also, it seems to be no problem having an insurance that does not include emergencies. Just be aware that insurance needs to cover all family members. Even if non-EU citizen is working, because the sponsor (EU-citizen) is not working, both members will need insurance.
lira wrot
I hope the information is useful for other people in the same situation.

Kind regards.

[/list]

[raoulll]

Whether there is a need for Comprehensive Sickness Insurance will depend upon how the EEA citizen is exercising their Treaty Rights. It is not required if they are employed or self-employed.

thank you for your quick reply,i know that you don't need comp sick inss if you are employed,i want just cover the first 3 month of his resident who wasn't working that time,base on experience of other in this topic i discover that you can buy the comp inss at the end of you 5 years resident even you are working and apply as self suffiessent(you are elegible for both category) for cover the first 3 months(self suffissent)and in this case the ho will not ask about your com sick inss in that time.

Posts: 40
Location: London
Posted: Fri Mar 12, 2010 12:02 pm Post subject: PR granted

--------------------------------------------------------------------------------

Hi,

I just wanted to let you know that PR was granted and our passports came back in around 4 months since getting COA (COA itself took 2 weeks).

For the ones applying as self-sufficient who are wondering what happens for the period you didn't have Private Health Insurance, it seems to be fine to take one by the time you send your documents to HO. No need to back date insurance or things like that. Also, it seems to be no problem having an insurance that does not include emergencies. Just be aware that insurance needs to cover all family members. Even if non-EU citizen is working, because the sponsor (EU-citizen) is not working, both members will need insurance.
lira wrot
I hope the information is useful for other people in the same situation.

Kind regards.

[/list]

come on john,i need little push in the right direction.

[John]

I did not detect a question, so did not feel the need to reply.

As regards :-

i discover that you can buy the comp inss at the end of you 5 years resident even you are working and apply as self suffiessent

-: I am totally failing to see the logic in that. Why would you want to do that?