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applying for EEA family permit within UK-came visiting

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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boi
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Posts: 17
Joined: Wed Jan 26, 2011 11:02 am

applying for EEA family permit within UK-came visiting

Post by boi » Wed Jan 26, 2011 11:12 am

hope someone might help.
I am non-EEA.married to EEA national.
have Irish residence permit(thru work). my husband recently got job in uk and we moved to uk in dec.
I normally dont need visa to come to uk,so i just flew here with him.

Can I apply for EU family permit(using EEA2) from within the uk?The form said I have to be "lawful" here.what does that mean?coming from ireland there was no stamp put on my passport,they just looked at it and let me thru...BUT I am not illegal here.
I cant go back and apply from ireland as that doesnt suit us-rented our house,two small children,processing too long and wouldnt travel with them holding on to my passport.
What are my options?
thanks in advance.
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86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Wed Jan 26, 2011 11:26 am

Form EEA2 is for the so-called residence card. You can apply for one only from within the UK and that's what you may want to do. "Lawful" in this context means that you both are here complying with the EEA Regulations 2006. For the first three months passports/IDs only are sufficient. How the country was entered can not be made a condition of your rights (to stay and work) as long as you are not a thread to public security, policy, health and your marriage is genuine. After those three months your will need to be exercising treaty rights but as a worker he is doing that already right now. So nothing to worry about. Applying for a residence card is optional, by the way, but in practice it is probably good to have one (work, travel, etc.).
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boi
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Posts: 17
Joined: Wed Jan 26, 2011 11:02 am

Post by boi » Wed Jan 26, 2011 12:49 pm

Thanks so much for the reply.

So does that mean I can still apply for residence card(form EEA2) without a family permit(which needs to be applied from outside UK?

I hope that is the case as I dont fancy going back to ireland and waiting.......

Our marriage is genuine,been together more than 5 years and have two kids!
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86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Wed Jan 26, 2011 1:12 pm

boi wrote:So does that mean I can still apply for residence card(form EEA2) without a family permit(which needs to be applied from outside UK?

I hope that is the case as I dont fancy going back to ireland and waiting.......
That's how I would see it.

boi wrote:Our marriage is genuine,been together more than 5 years and have two kids!
I was merely pointing out what you would have to look for. Would be extremely hard if not impossible for the UKBA to argue a sham marriage in your case.
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boi
Newly Registered
Posts: 17
Joined: Wed Jan 26, 2011 11:02 am

Post by boi » Wed Jan 26, 2011 2:01 pm

Thanks 86ti,
you have been very helpful and put me at ease.
regards.
Boi
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