EEA residence permits

[davidm]

I am trying to find the new work and residence permit rules for EEA citizens in EEA countries. My understanding of the new rules is that any EEA citizen do not need a residence permit in any other EEA state. All they have to do is to register as a resident and show that they have independent means of support so that they are not a burden on that country.
Would appreciate comments.

[VV]

I am trying to find the new work and residence permit rules for EEA citizens in EEA countries. My understanding of the new rules is that any EEA citizen do not need a residence permit in any other EEA state. All they have to do is to register as a resident and show that they have independent means of support so that they are not a burden on that country.
Would appreciate comments.

You are right, you don't have to register, but you may do so, it's your right. However, if you have a dependent/fiance(e)/spouse who is a visa-national I think you do need to register.
Please see here ( http://www.immigrationboards.com/viewto ... 756041a7fa ) the new EEA regulations which tensailee posted and that ppron747 so kindly pointed out to me.
You might want to read also these contributions by fellow members( http://www.immigrationboards.com/viewto ... c&start=15 ), they're relevant to your query.

[colinm]

Hello

My family has received a 5 year EEA reseidence endorsement in their non-eea passports today. My question, within how many years are they eligible for ILR 5 or 4 ?. I am a bit confused.

Further in-order to be considered for ILR how many days can a person reside outside UK per calendar year (Jan-Dec) so that chances for obtaining ILR are jeopardised.

Thanks a million for all your help.

Best Regards

Colin

[SunBlue]

Hi Colin,
could you tell us when you applied fo the residence permits for your family? Just for us to know a bit about the waiting time...
Thanks,
Glauco

[John]

My family has received a 5 year EEA residence endorsement in their non-eea passports today. My question, within how many years are they eligible for ILR 5 or 4 ?. I am a bit confused.

Colin, these 5-year permits you speak about, are they the first EEA-type ones they have had, or possibly the second?

Let's put it this way. If they previously had 6-month EEA Family Permits, then came to the UK, and have now been granted new 5-year ones, the 5-year qualifying period for their Permanent Residence stickers (ILR) started when they first arrived in the UK using those 6-month permits.

If they were previously in the UK on another type of visa, and now have got their first EEA-type permit, the 5 years starts now.

Colin, what nationality are you?

[colinm]

Gentlemen

Thank you for your reply.

I am a german national and my family members are thai nationals. The application was made just before easter. I received a residence card and my family has received home office endorsements in their passport. I presume they are still endorsing old stamps as stamp specimen mentioned
in the passports corresponds to their specimen on their website.

In UK they were on a six month family permit which was due to expire in July 2006.

Now please guide me on my earlier queries i.e. ILR and minimum length of stay required within 5 or 4 years to be eligble for ILR ?

Thanks a million, guys.

cheers

Colin

[colinm]

Hi again

I have just come across this link on the ho website. It still says 4 years for eea and non-eea dependants of eea national to qualify for permanent residence.

http://www.ind.homeoffice.gov.uk/ind/en ... ionals.pdf

now i am all the more confused. . The residence card issued by HO for myself says its valid indefinitely whereas my family has endorsement which says valid until 22 May 2011.

Please adv.

Thank you very much.

colin

[John]

Colin, even if an IND document still says 4 years, I can assure you that for applications submitted on or after 03.04.06 it is a 5 year qualifying period.

Just think of the lack of updating as a small part of what the Home Secretary said yesterday ... the immigration service "not fit for purpose"!.

Given that your family were previously in the UK on 6-month EEA Family Permits, they can apply for Permanent Residency 5 years after arriving in the UK on those permits ... about 4.5 years time? There is no need for them to wait until near the stated expiry date of the 5 year permits.

Given that you now have Permanent Residency, when you have had that for at least a year, do you indeed to apply for Naturalisation as British? I am not sure if Germany allows dual nationality? The UK certainly does.

[colinm]

Thanks John for clarification.

As we all know Brtish or German nationailty is not much different now a days except that British nationality gives one absolute right to stay within UK. On completion of 5 years residency my family would apply for British citizenship and i would retain german one.

Best Regards

Colin

[John]

Colin, both Britain and Germany allow dual nationality. So there is nothing to stop you retaining your German nationality and becoming British as well.

Why might you do this? Once your family have ILR after five years they either have to wait a further one year before applying for Naturalisation as British if your wife is not then married to a British Citizen, or alternatively can apply for Naturalisation immediately after getting ILR if indeed your wife is married to a British Citizen.

That is you becoming British brings forward the time when your family can become British by one year.

[tensailee]

Colin, both Britain and Germany allow dual nationality. So there is nothing to stop you retaining your German nationality and becoming British as well.

I don't think Germany allows dual nationality.

[JAJ]

I don't think Germany allows dual nationality.

Germany does allow dual citizenship in some circumstances:
http://en.wikipedia.org/wiki/German_nationality_law

In particular, Germans who wish to become British citizens may obtain permission from the German authorities in advance. This ensures German citizenship is not lost. Apparently, this permission is easier to obtain than it used to be some years ago.

[colinm]

hi guys

can you please let me know the minimum period of residence required for a non-eea national (dependant of eea national) in uk in a year to be considered for ILR after 6 years stay iff eea nationa does not obtain british citizenship.

the HO website says following
" If you are absent from the United Kingdom for a period exceeding 2 years you may lose your right of permanent residence, but as an EEA national you would still be admitted as a person with Free Movement rights. If your non-EEA national family members are absent from the United Kingdom for a period exceeding 2 years they would need to apply for an EEA family permit to facilitate their admission to the United Kingdom"

Thanks a lot.

colinm

[JAJ]

hi guys

can you please let me know the minimum period of residence required for a non-eea national (dependant of eea national) in uk in a year to be considered for ILR after 6 years stay iff eea nationa does not obtain british citizenship.

A person on an EEA Family Permit may obtain ILR after 5 years. Alternatively, if the EEA citizen partner has ILR, then he or she can sponsor for a normal spouse visa which can lead to ILR for the spouse after 2 years.

There is no obligation on the EEA citizen spouse to naturalise as British, but that would make naturalisation easier for the spouse in due course.

Is that what you were asking? If not, please rephrase your question.

[colinm]

Thanks Jaj

My non-eea dependant family members include my parents, spouse and children. All have non-eea residence permit for 5 years endorsed in their passport.

Now I need to know how many days (per calendar year or in total) can they reside outside UK within this 5 year residence permit so that they do not loose their eligibility for ILR at the end of 6 years (i.e if i do not choose to become british citizen).

Thanks a lot for any additional info.

Best Regards

Colinm