EEA FAMILY PERMIT

RKnight1983 · Post by **RKnight1983** » Wed Apr 06, 2011 10:07 pm

I have just received my EEA Family Permit I was wondering once I've enter the UK under this visa do i need to take to remain in the UK and work? I know i need to get i ILR and a NIN but do i need to do both at different times or can i do both at the same time i read that i need to be in the UK for 2 - 5 years before i can apply for the ILR

Kitty · Post by **Kitty** » Wed Apr 06, 2011 10:56 pm

You can work in the UK as soon as you enter and for as long as your wife is exercising her Treaty rights. Apply for a NIN by contacting Jobcentre.

Your rights exist automatically under European law. However, you will find it useful to have documentation that proves this to prospective employers.

Your Family Permit is acceptable as proof of the right to work during its validity. However, when you get to the UK you can apply for a Residence Card using form EEA2.

http://www.ukba.homeoffice.gov.uk/eucitizens/family/

After 5 years living in the UK in line with European law, then you gain the right to Permanent Residence ("PR"). You can apply for a document to prove this as well. You won't be applying for Indefinite Leave to Remain ("ILR") because your rights come from European law and not the UK IMmigraiton Rules.

RKnight1983 · Post by **RKnight1983** » Fri Apr 08, 2011 11:54 pm

You do not need to obtain documents confirming your right of residence in the UK if you are a family member of an EEA national.
However, you may be inconvenienced if you do not obtain this confirmation, as:

you may have difficulty proving that you are lawfully resident in the UK;
if you leave the UK, you will usually need to obtain an EEA family permit before returning here, in order to guarantee readmission as the family member of a qualified EEA national;

so if i were to leave and go to france for like 3 weeks before i come back i need another permit if mine has expired??

kabuki · Post by **kabuki** » Sat Apr 09, 2011 8:43 am

RKnight1983 wrote:
You do not need to obtain documents confirming your right of residence in the UK if you are a family member of an EEA national.
However, you may be inconvenienced if you do not obtain this confirmation, as:

you may have difficulty proving that you are lawfully resident in the UK;
if you leave the UK, you will usually need to obtain an EEA family permit before returning here, in order to guarantee readmission as the family member of a qualified EEA national;

so if i were to leave and go to france for like 3 weeks before i come back i need another permit if mine has expired??

If you have an EEA Family Permit, I believe you can travel after you arrive in the UK; however, you need to travel with you spouse (or your spouse needs t be at home in the UK upon your return). This is because the EEA FP is linked to your spouse and its an entry clearance. I haven't been able to find anything explicit, so I would bring your marriage cert with you just in case.

I would advise that you don't put off applying for the EEA2 Residence Card though. The UKBA is working much fast and it seems people are getting it in just under 3 months (I received mine in 2 months 3 weeks). As such, if your spouse is exercising treaty rights immediately, I would postpone the trip for a few months and just apply for the Residence Card, it would make it easier with that.

fysicus · Post by **fysicus** » Sat Apr 09, 2011 8:44 am

Yes, that is correct. It is very advisable to make sure that you always have a valid
- EEA Family Permit, or
- Residence Card, or
- Permanent Residence Card
You will not lose your rights if you have none of these, but it will be difficult to exercise your rights, like re-entering the UK coming back from holiday.

The usual order is: you apply for an EEA Family Permit before coming to the UK, once in the UK you apply for a Residence Card, and after five years in the UK you apply for a Permanent Residence Card (and renew that one every ten years)

kabuki · Post by **kabuki** » Sat Apr 09, 2011 8:55 am

fysicus wrote:Yes, that is correct. It is very advisable to make sure that you always have a valid
- EEA Family Permit, or
- Residence Card, or
- Permanent Residence Card
You will not lose your rights if you have none of these, but it will be difficult to exercise your rights, like re-entering the UK coming back from holiday.

The usual order is: you apply for an EEA Family Permit before coming to the UK, once in the UK you apply for a Residence Card, and after five years in the UK you apply for a Permanent Residence Card (and renew that one every ten years)

Sorry, not trying to hijack this thread, but does your residency on the RC and then the PR count for Citizenship? Just curious as this is something my partner and I are hoping for, and if not, then we might move to NL in the future so I can get Dutch Citizenship and just make things that much easier, in case a job takes us elsewhere. Ta.

Post by **John** » Sat Apr 09, 2011 9:09 am

does your residency on the RC and then the PR count for Citizenship?

Simple answer ..... yes!

I have just received my EEA Family Permit I was wondering once I've enter the UK under this visa do i need to take to remain in the UK and work? I know i need to get i ILR ......

Well no, you will never ever qualify on this route for ILR. Instead you hope to end up with PR .... Permanent Residence ..... after 5 years of exercising Treaty Rights in the UK. ILR and PR are not very different, but there are differences in the application procedure, for example, no pass certificate from the Life in the UK Citizenship test required for PR.

fysicus · Post by **fysicus** » Sat Apr 09, 2011 9:49 am

kabuki wrote:Sorry, not trying to hijack this thread, but does your residency on the RC and then the PR count for Citizenship? Just curious as this is something my partner and I are hoping for, and if not, then we might move to NL in the future so I can get Dutch Citizenship and just make things that much easier, in case a job takes us elsewhere. Ta.

Why are you talking about moving to the Netherlands specifically? If you are married to a Dutch national you can even acquire Dutch citizenship while living abroad (after three years of marriage and living together).

RKnight1983 · Post by **RKnight1983** » Sat Apr 09, 2011 1:03 pm

Thanks for all the help and we shall be apply for a Residence Card upon arrival in the UK. I should be able to travel to France in June since my EEA Family Permit is valid til Nov. As for the NIN I just go to Job Center Plus and show the permit to the NIN people will that be enough ID or will i need more. I can get a letter from the employment I got lined up since my site manager is my wife

kabuki · Post by **kabuki** » Sun Apr 10, 2011 2:23 am

fysicus wrote:
kabuki wrote:Sorry, not trying to hijack this thread, but does your residency on the RC and then the PR count for Citizenship? Just curious as this is something my partner and I are hoping for, and if not, then we might move to NL in the future so I can get Dutch Citizenship and just make things that much easier, in case a job takes us elsewhere. Ta.
Why are you talking about moving to the Netherlands specifically? If you are married to a Dutch national you can even acquire Dutch citizenship while living abroad (after three years of marriage and living together).

Thanks. Well, we aren't sure about marriage. Not because we don't think it will last, but we just don't know about the marriage thing in general. We've already been living together for 3.5 years, and if that had been in the Netherlands, I would already qualify, but living abroad, I think we have to be married. However, there is another reason, I want to get my PhD in Linguistics and the Netherlands is better than here. It's treated as a job, so no fees and better funding. Plus, it's a hub for Linguistics So, this would be the main reason for the move. Plus, whilst I love London, I do prefer the Netherlands, especially the culture!

Quick question on this note . . . if we got married, would our time living together before marriage count, or does it start from the time we are married?

fysicus · Post by **fysicus** » Mon Apr 11, 2011 12:20 pm

kabuki wrote:Quick question on this note . . . if we got married, would our time living together before marriage count, or does it start from the time we are married?

Unfortunately, living together before marriage only counts when you do it within the Netherlands. I guess it is too difficult for the Dutch authorities to verify claims about living together abroad, although they give married couples the benefit of the doubt in such cases. So for you: you would have to marry first, and then wait another three years (and hope that the law doesn't change in the meantime).

lawwy · Post by **lawwy** » Sun Jan 22, 2012 9:17 pm

kabuki wrote:
fysicus wrote:
kabuki wrote:Sorry, not trying to hijack this thread, but does your residency on the RC and then the PR count for Citizenship? Just curious as this is something my partner and I are hoping for, and if not, then we might move to NL in the future so I can get Dutch Citizenship and just make things that much easier, in case a job takes us elsewhere. Ta.
Why are you talking about moving to the Netherlands specifically? If you are married to a Dutch national you can even acquire Dutch citizenship while living abroad (after three years of marriage and living together).

Hello Kabuki, sorry for bringing you back on this topic. Can a non Eu spouse of UK Citizen (married, 4yrs) exercising his treaty right in France, acquire British Citizenship while living abroad? Or is this rule only apply to non Eu spouse of Dutch National?

Post by **John** » Mon Jan 23, 2012 10:34 am

Can a non Eu spouse of UK Citizen (married, 4yrs) exercising his treaty right in France, acquire British Citizenship while living abroad?

Only if the British Citizen is working abroad as a Crown Servant. That is, working for the British Government.

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