- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
I would strongly suggest you should apply for the EEA family permit while she is still in Ireland. Do NOT do it from Brazil or you will be evaluated according to the UK rules (and not the EU rules).rafo wrote: My Company is currently moving my Employment contract over to the UK and I should be starting in July. My wife will be returning to Brazil and applying for the "EEA Family Permit" in the meantime.
As my contract will be an extention of the current one, it will be for 5 months. Do you think this is enough for the British Immigration? Is there any risk to have her application refused?
Thanks for your attention.
I am sorry but I do not think that is correct at all. Why should the Brazilian wife of a Portugese citizen applying to come to UK be evaluated under the UK immigration rules just because she is applying from Brazil?Directive/2004/38/EC wrote:Do NOT do it from Brazil or you will be evaluated according to the UK rules (and not the EU rules).
The same as applying for a EEAFP almost anywhere else in the world. Just get all the documents correctly and apply. Keep in mind that they might ask for proof of co-habitation and so be a bit 'extra' prepared as it really isn't pleasant flying half way round the world and then facing some trouble with a minor paperwork.rafo wrote:What is the risk if she applies from Brazil?
Maybe I am too strong in saying it this way. But if you did have a chance to apply from Ireland (it should only take a few days), then the application will definitely be done under EU law (and you will have all your material at hand).Directive/2004/38/EC wrote:Do NOT do it from Brazil or you will be evaluated according to the UK rules (and not the EU rules).
I agree that I dislike this, but that seems to be what is happening. If you read the UK DSPs (Diplomatic Service Procedures), they make a distinction whether the application is made in an member state or not.Docterror wrote:I am sorry but I do not think that is correct at all. Why should the Brazilian wife of a Portugese citizen applying to come to UK be evaluated under the UK immigration rules just because she is applying from Brazil?
I am sorry, but I do not agree with that assessment as well. A lot of applications for the EEAFP are indeed issued outside the EEA, none quite as prominent in this board as the poster 'yankeegirl' who was granted one in USA as recently as March.Directive/2004/38/EC wrote:I agree that I dislike this, but that seems to be what is happening.
Since the residence for the wife has already been denied after the 10 month wait, I don't think the British Embassy in Dublin will even accept the case as she is no longer "legally" resident there. Doesn't hurt to ask, but the chances are indeed very slim.But if you did have a chance to apply from Ireland,... I think it is very important to consider applying at the British Embassy in Ireland before you leave Ireland.
Theoretically, yes they do. But practically there is no difference at all. If anything, the misinterpretation of Arkich ruling has only made it more difficult to apply for one from within the EEA. A look at the required documents to apply for the EEAFP from outside the EEA is almost identical to the evidence needed to apply from inside the EEA. The applicant has to be legal in the country that they apply from and that's all.If you read the UK DSPs (Diplomatic Service Procedures), they make a distinction whether the application is made in an member state or not
But the British are not! And the case in discussion is the British EEAFP.The Irish are taking this to the extreme
But the requirements in the Immigration rules to enter as the family member of an EEA national is the same as derived drom Directive 2004/38/EC. This can be seen by a look at 2.3 of of this ECIIf the applicant cannot demonstrate lawful residence in an EEA Member State, which includes those applying from outside the EEA, they would also be expected to meet the relevant requirements in the Immigration Rules for leave to enter the UK as the family member of an EEA national.
So, the requirements relating to entry clearance under the immigration rules do not have to be met and only the immigration rules to enter as the family member of an EEA national have to be met....the family member would be expected to meet the requirements in the immigration rules (other than those relating to entry clearance ) for leave to enter the UK as the family member of the EEA national....
That could be; just wasn't how she explained it. I was under the impression that it was something relatively new that had just come down the pipeline.I think that the advisor was only cautioning you to err on the safe side because of this statement in 21.4.1 of the UK DSPs.
I respectfully disagree. Nobody, including the Irish government, suggests that the non-EU spouses are illegally in Ireland. They have not been deported or even told they must leave the country. And nobody has suggested the UK government thinks they are illegally in Ireland.Docterror wrote:Since the residence for the wife has already been denied after the 10 month wait, I don't think the British Embassy in Dublin will even accept the case as she is no longer "legally" resident there. Doesn't hurt to ask, but the chances are indeed very slim.Directive/2004/38/EC wrote:But if you did have a chance to apply from Ireland,... I think it is very important to consider applying at the British Embassy in Ireland before you leave Ireland.
If you apply from outside the EU, you will likely have to ensure that the embassy uses the “previously resident in EUâ€Docterror wrote:Theoretically, yes they do. But practically there is no difference at all. If anything, the misinterpretation of Arkich ruling has only made it more difficult to apply for one from within the EEA. A look at the required documents to apply for the EEAFP from outside the EEA is almost identical to the evidence needed to apply from inside the EEA. The applicant has to be legal in the country that they apply from and that's all.Directive/2004/38/EC wrote:If you read the UK DSPs (Diplomatic Service Procedures), they make a distinction whether the application is made in an member state or not
There is reason that the word 'legally' was put in inverted commas. Ofcourse, the non-EEA family member of an EEA national is never a illegal immigrant and I am not suggesting that she is. But according to 21.4.1 of the UK DSP instructions :-Directive/2004/38/EC wrote: Nobody, including the Irish government, suggests that the non-EU spouses are illegally in Ireland.
So, even if an applicant is lawful, but cannot demonstrate that they are legally resident, the Embassy may not accept the application. If they do, then terrific.If the applicant cannot demonstrate lawful residence in an EEA Member State, which includes those applying from outside the EEA, they would also be expected to meet the relevant requirements in the Immigration Rules for leave to enter the UK as the family member of an EEA national. If they satisfied the Rules, they would still be issued with an EEA Family Permit
Great! So, it would not make difference in the required documents if the application was made in Brazil or Ireland. But, what I did not understand was...I agree that it should make no difference in the end
If you apply from outside the EU, you will likely have to ensure that the embassy uses the “previously resident in EUâ€
Is your wife illegally in the country? (I doubt it, but it is worth asking explictly).rafo wrote:Just wondering... my wife is having English classes since her arrival to have an activity, but we havent applied for a "student visa". I think if we ask the school, they could help us to get a student visa stamped on her passport.
Do you think this would be enough for the British Embassy consider our application for the EEAFP from Dublin?
Regards.
I am not sure if all UK issued EEA family permits are for 6 months. But it should be no problem. You should explain in the application that it is for a holiday visit, and that you may also be moving to the UK for work during July. Ask that it is issued for the full 6 months to allow you to come and go at will during that time.rafo wrote:If my wife applied for the EEAFP to spend a weekend with me in the UK, the visa would be valid for 6 months (the minimun period of time), right?
If so, that means she would be allowed to return to Ireland as she has a valid UK visa... is that correct?
If the above are correct, I will try because my wife would have a UK visa and therefore she would be ready to move when my Employment contract in the UK starts (July).
It is considered residing in the UK by the UK government. The UK transposition of Directive 2004/38/EC is The Immigration (European Economic Area) Regulations 2006 says:dsab85 wrote:According to the Department of Justice a weekend in the UK is not considered being a resident by the Irish justice Department.
According to them they apply the UK Interpretation of Residency, which is:
"By UK law you are regarded as resident in the UK if you are actually in N. Ireland/UK for 183 days or more in the UK tax year (April to April)."
UK law is clear that the EU national and the non-EU family member are residing in the UK for any visit to the UK made on the basis of Directive 2004/38/EC. EU law (in the Directive itself) is also clear that this is residing.Initial right of residence
13.—(1) An EEA national is entitled to reside in the United Kingdom for a period not exceeding three months beginning on the date on which he is admitted to the United Kingdom provided that he holds a valid national identity card or passport issued by an EEA State.
(2) A family member of an EEA national residing in the United Kingdom under paragraph (1) who is not himself an EEA national is entitled to reside in the United Kingdom provided that he holds a valid passport.
(3) But—
(a) this regulation is subject to regulation 19(3)(b); and
(b) an EEA national or his family member who becomes an unreasonable burden on the social assistance system of the United Kingdom shall cease to have the right to reside under this regulation.
(2) These Regulations shall not apply to a family member unless the family member is lawfully resident in another Member State and is -
(a) seeking to enter the State in the company of a Union citizen in respect of whom he or she is a family member, or
(b) seeking to join a Union citizen, in respect of whom he or she is a family member, who is lawfully present in the State.
You do not need hotel bookings or flight tickets.rafo wrote:Well, I do have a confirmation that my position can be transferred to the UK from July on and that would not be a problem to prove as the company is willing to help me with this. They could also prepare a letter to prove that.
Also we could explain her visit to the UK is important as she will help me to find a good house to rent, etc...
The only problem is if they deny her application from Dublin due to the pending residence status. I would have spent money with the hotel booking and flight tickets for nothing.
But I still think it is worth the risk.