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EEA FP - After arrive in UK

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

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marcojr

EEA FP - After arrive in UK

Post by marcojr » Sat Mar 09, 2013 6:33 pm

Well, my wife and my 5 years old son is about to become EEA citizens.
This will happen in August probably.However we wish to start to move 3 months before and enter in uk as tourists.

After 3 months, only my wife will go back to our country to grab the documents (it must be in person) and go back to UK with her ID and the ID of my son.

In these 3 months, I will know better UK and Ireland and even others countries to discover what's the best place to live indeed considering jobs, life style and others things.That's why we wish to go before receive the ID's.

Anyway...I'd like to know if EEA FP is the right visa to apply or it must be another.And also: If my planning is valid.

Because the UKBA says:

However, the non-EEA family member must be travelling to the UK:

with the EEA national; or
to join the EEA national here.

It means: I supposed to be on the same aircraft basically or I supposed to be alone on the aircraft to join my wife in UK.But the scenario is different.

I will be in UK already as tourist.

Obie
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Post by Obie » Sun Mar 10, 2013 12:16 am

Neither you nor your wife appears to be an EU citizen, therefore you have no right to enter the UK as an EU citizen or the family member of such person.

If she succeed in obtaining Eu citizenship, then and only then, will the question of accompanying and joining come into the equation.
Smooth seas do not make skilful sailors

marcojr

Post by marcojr » Sun Mar 10, 2013 4:42 am

Yep ;) Maybe I did not expressed myself good.

1) The citizenship is a sure.We are just awaiting the documents.Process take few months.All was approved.

2) We wish to enter in UK or another EU contry as simple tourists.When the documents arrives in our country, me and my son will stay in uk, however my wife will go back to our country and then back again, but no longer in a condition of tourist, but an EEA citizen.So, with me and my son already in UK I need to grab some kind of visa where I can apply for job, create bank account, etc...

So, my question is: Is this situation valid or should all of us go back to our country and back again all togueter ?
Obie wrote:Neither you nor your wife appears to be an EU citizen, therefore you have no right to enter the UK as an EU citizen or the family member of such person.

If she succeed in obtaining Eu citizenship, then and only then, will the question of accompanying and joining come into the equation.

Jambo
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Post by Jambo » Sun Mar 10, 2013 8:28 am

If your wife is a EU citizen already, se and her family have the right to live in the UK although it might be difficult to prove without a passport.

EEA family permit is applied abroad and mainly used to enter the UK. If you are already in the UK, you can apply for a 5 years Residence Card using form EEA2 (if your wife is Bulgarian/Romanian/Croatian there are some restrictions and a different process to follow).

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sun Mar 10, 2013 9:27 am

I take it that the op is not a visa national and so could enter without a visa. In this case a visitor would still need to satisfy immigration that they were genuine on entry, had sufficient funds, etc.

If family member is already an eu citizen and can prove that, then admission on eea regs would be possible.

marcojr

Post by marcojr » Sun Mar 10, 2013 3:07 pm

Jambo wrote:If your wife is a EU citizen already, se and her family have the right to live in the UK although it might be difficult to prove without a passport.
They will receive the Hungarian ID cards.

marcojr

Post by marcojr » Sun Mar 10, 2013 3:08 pm

EUsmileWEallsmile wrote:I take it that the op is not a visa national and so could enter without a visa. In this case a visitor would still need to satisfy immigration that they were genuine on entry, had sufficient funds, etc.

If family member is already an eu citizen and can prove that, then admission on eea regs would be possible.
ty !

icexxik
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Re: EEA FP - After arrive in UK

Post by icexxik » Sun Mar 10, 2013 7:02 pm

marcojr wrote:Well, my wife and my 5 years old son is about to become EEA citizens.
This will happen in August probably.However we wish to start to move 3 months before and enter in uk as tourists.

After 3 months, only my wife will go back to our country to grab the documents (it must be in person) and go back to UK with her ID and the ID of my son.

In these 3 months, I will know better UK and Ireland and even others countries to discover what's the best place to live indeed considering jobs, life style and others things.That's why we wish to go before receive the ID's.

Anyway...I'd like to know if EEA FP is the right visa to apply or it must be another.And also: If my planning is valid.

Because the UKBA says:

However, the non-EEA family member must be travelling to the UK:

with the EEA national; or
to join the EEA national here.

It means: I supposed to be on the same aircraft basically or I supposed to be alone on the aircraft to join my wife in UK.But the scenario is different.

I will be in UK already as tourist.
This is fine as long as you don't openly state your intentions to UKBA at point of entry. Once your wife gets EEA passport, your status in the UK will switch to EEA regulations automatically. You will not need to leave or reapply. I was in the same situation, entering the UK on an Israeli passport and obtaining Bulgarian nationality shortly thereafter. My wife, a Russian national was in the UK on a Tier 4 and just got an EEA permit without leaving the UK, valid for 5 years.

marcojr

Re: EEA FP - After arrive in UK

Post by marcojr » Sun Mar 10, 2013 7:30 pm

icexxik wrote:
marcojr wrote:Well, my wife and my 5 years old son is about to become EEA citizens.
This will happen in August probably.However we wish to start to move 3 months before and enter in uk as tourists.

After 3 months, only my wife will go back to our country to grab the documents (it must be in person) and go back to UK with her ID and the ID of my son.

In these 3 months, I will know better UK and Ireland and even others countries to discover what's the best place to live indeed considering jobs, life style and others things.That's why we wish to go before receive the ID's.

Anyway...I'd like to know if EEA FP is the right visa to apply or it must be another.And also: If my planning is valid.

Because the UKBA says:

However, the non-EEA family member must be travelling to the UK:

with the EEA national; or
to join the EEA national here.

It means: I supposed to be on the same aircraft basically or I supposed to be alone on the aircraft to join my wife in UK.But the scenario is different.

I will be in UK already as tourist.
This is fine as long as you don't openly state your intentions to UKBA at point of entry. Once your wife gets EEA passport, your status in the UK will switch to EEA regulations automatically. You will not need to leave or reapply. I was in the same situation, entering the UK on an Israeli passport and obtaining Bulgarian nationality shortly thereafter. My wife, a Russian national was in the UK on a Tier 4 and just got an EEA permit without leaving the UK, valid for 5 years.
I could be wrong, forgive me if I am wrong, but...

Sounds like: When you are an EEA...case closed.
I've a friend living in UK with the same situation like you.However her situation is solved already.For you : Stay cool :)

However: When you are a non eea, member of a family from another EEA, the things is a bit different.Apply for EEA FP visa for example.There is few things to be accomplished sich as years on marriage (not a problem to me) and also that things of Threaty Rights too...My wife (Remember: I can be wrong) need to proof that she is exercing threatying rights in UK.

thanx !

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sun Mar 10, 2013 9:40 pm

marcojr, Could you please explain a little about how your wife qualifies for Hungarian citizenship? Is it because he parents were Hungarian and she was born outside of Hungary?

marcojr

Post by marcojr » Sun Mar 10, 2013 11:00 pm

Directive/2004/38/EC wrote:marcojr, Could you please explain a little about how your wife qualifies for Hungarian citizenship? Is it because he parents were Hungarian and she was born outside of Hungary?
Very exactly.And it's appy to my son too.Both are sharing the same process.

Btw...I just arrived very right now from the cerimonial of citizenship delivery for new Hungarians.29 new Hungarians raised today in my country :)

To replicate what the consul said today: The new rules for the simple process are:

1) Prof that you have hungarians in your ascendency, no matter if is your parents, grandparents or any levelp uppon you.

2) If the city of the Hungarian ascending was grabbed in any war of the past, this is still elective.Example: The grandparents of my wife belongs to a city named Horgus, that's actually belongs to Servia.However his grandparents born as hungarian citizens.

3) Should learn the basic of Hungarian language, such as : Tell me about you, what is your name, how old are you.You will be submited to a test with the Consul and must be approved.

Let me know if you need to know some detail in particular.A pleasure to help.

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Mar 11, 2013 1:57 pm

So your wife now officially has Hungarian citizenship? (I am sure she does not have a passport yet, but that is not relevant)

marcojr

Post by marcojr » Mon Mar 11, 2013 3:25 pm

Directive/2004/38/EC wrote:So your wife now officially has Hungarian citizenship? (I am sure she does not have a passport yet, but that is not relevant)
Not "now" because she still awaiting for the hungarian id.The process takes few months.She will be indeed because all where sent already.

Regarding passport, she probably will request the passport when in UK.Meanwhile all of us will get in using our current passports.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Mar 11, 2013 10:02 pm

marcojr wrote:
Directive/2004/38/EC wrote:So your wife now officially has Hungarian citizenship? (I am sure she does not have a passport yet, but that is not relevant)
Not "now" because she still awaiting for the hungarian id.The process takes few months.She will be indeed because all where sent already.
What exactly does the certificate say?

I am curious because a Hungarian does not have to have an ID card to be a citizen. If they loose it, they do not loose their citizenship, for example.

marcojr

Post by marcojr » Mon Mar 11, 2013 10:08 pm

Directive/2004/38/EC wrote:
marcojr wrote:
Directive/2004/38/EC wrote:So your wife now officially has Hungarian citizenship? (I am sure she does not have a passport yet, but that is not relevant)
Not "now" because she still awaiting for the hungarian id.The process takes few months.She will be indeed because all where sent already.
What exactly does the certificate say?

I am curious because a Hungarian does not have to have an ID card to be a citizen. If they loose it, they do not loose their citizenship, for example.
Yes, for sure, you are right ! If she lost the ID card she can request a new one.The ID itself is just a slice of paper.However to migrate legally you need to show documents that's proof that you are an EEA citizen.

That's much's true that the ID does not affect the citizenship status of anybody, however you cannot convince the UKBA only with words, got my point ? :)

Btw...I saw yesterday...the new citizens received a kind of paper named Diploma containing the ID card too.But I don't know what it's says because i't's totally in hungarian language :( When my wife receive I will try to scan and show you if you wish.

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Post by Directive/2004/38/EC » Mon Mar 11, 2013 10:29 pm

So the easy thing to have is a Hungarian ID card or passport.

But depending on what you need to do, you may also be able to use the Hungarian citizenship certificate.

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