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For information on either spouse visa or EEA Family Permit: http://www.ukvisas.gov.ukclm wrote:HI,
I'm Irish, living in london 5 years,a fulltime student(getting student loan) and working. I recently married my partner of 2 years in Moldova. And have been preparing to apply for a spouse visa until I read one of your threads saying how much simpler an EEA family permit is.
clm wrote:Thank you for your reply, I and my husband plan to move back to Ireland after 5 or 6 years so I dont plan to apply for Naturalisation. Do you think in this case an EEA Family Permit is a better option for us.
brett107 wrote:I think the question is it is better to apply for an EEA family permit than risking being declined by applying for a spouse visa for which there is more criteria to meet.
Do you realise that "5 year residency" is not the same as permanent residence?clm wrote:Hi there,
I have spoken to a solicitor who has advised us to apply for an EEA Family permit rather than a visa.
He has said the Permit is granted for 6 months and within the first month we should apply to the home office for 5 year residency.
How does the application go? Is it difficult to get residency if he already has a family permit?
When you think of a "better outcome" are you just focused on the immediate issue or are you giving consideration to the whole pathway to permanent residence and British citizenship?clm wrote:Hi there,
The reason he has advised a family permit over a spouse visa is because my husband had a 1 month visa for the UK but left after a few days to go to Ireland where he stayed for three years,(where we met). Also little things like the fact that our accomodation will be my sisters 3 bedroom flat which is council property, she is a tenant though and pays full rent.
I think he felt there is less criteria to meet with the family permit and therefore we can hope for a better outcome.
The main difficulty is the delay in getting British citizenship. If you plan to move to Ireland in the longer term, it's really worth getting this sorted out as otherwise you will face another immigration nightmare at the time. And meanwhile he will need visas to travel almost anywhere as a tourist.clm wrote:Hi Jaj and Brett,
Thanks for the replies, I am of focused on geting my husband here asap so we can finally start our lives together, but I do know that in the long run of course a Spouse visa is a much better idea, I have e-mailed my solicitor to re-asses our case for a spouse visa.
Jaj, In what way can things get difficult later on with the EEA family permit?
As long as you stay in the labour force there shouldn't be a problem with getting permanent residence in the end.clm wrote:Thanks again Jaj for the quick reply.
I spoke to my solicitor today and again he stressed how we should go for the eu family permit. I expressed my concerns about the residency permit and the 7 years waiting for everything to be sorted. I did ask him about having children as I am only 24 now but plan to have children in 5 or 6 years time.
He said as long as I am working and just take maternity leave then I am still excersising my treaty rights and it shouldn't cause a problem.
You should be aware that children born to Irish citizens living in the UK are automatically British citizens (except for very specific exceptions, such as tourists, diplomats).Why do you ask if I plan to have children?
How can it be determined if an EEA citizen living in the UK is "exercising Treaty Rights" or not?JAJ wrote:Other people on EEA family status have got into trouble at permanent resident stage if the Home Office has ruled that the EEA citizen isn't "exercising Treaty Rights" - just living in the UK on its own won't necessarily do.
Paragraph's 6.2.1 - 6.2.4 of this document from the Nationality Instructions explain what this means:Marco 72 wrote:How can it be determined if an EEA citizen living in the UK is "exercising Treaty Rights" or not?JAJ wrote:Other people on EEA family status have got into trouble at permanent resident stage if the Home Office has ruled that the EEA citizen isn't "exercising Treaty Rights" - just living in the UK on its own won't necessarily do.
Can't you solicitor explain it in more detail?clm wrote:I didn't know about switching to a spouse visa once he was here, thats something I will look into, thank you.
Your solicitor should be able to explain all this to you.clm wrote:Thanks again Jaj,
I am confused as you said in my other post on Irish law. Im just trying to gather all the info I can.
Im going to speak to my solcitor tomorrow about switching to a spouse visa once he is here.
Im also going to discuss again about trying for a spouse visa as the EEA Permit just sounds awful right now as we do plan on moving to Ireland down the line and I would preferably like my children to be born in Ireland. This doesn't look possible with the family permit because of the timescale and the fact that I have to work the whole time here.
I had planned to not work the last semester of my degree -next year. Would that mean that I was not exercising my treaty rights,even though it would be just to get the best out of my degree??
Also if we got refused a spouse visa could we then apply for an eea family permit?
You should be aware that children born to Irish citizens living in the UK are automatically British citizens (except for very specific exceptions, such as tourists, diplomats).
Therefore any child would entitled to an Irish passport and citizenship as well.If either of your parents was an Irish citizen at the time of your birth, then you are automatically an Irish citizen, irrespective of your place of birth