Family Permit & Resident Card

[Jellybean105]

Hi I just wanted to confirm what I understand.

I am a British citizen currently in Ireland exercising my EU treaty rights and living with my non-EU husband. We have applied for an Ireland resident card (decision due Feb). My husband would like to visit the UK for a month so we are applying for a family permit.

After he comes back and hopefully gets a resident card in Feb, he should be able to use the family permit (if valid for 6 months) to return to the UK with me.
So far I think thats right?
Then when we return, I will need to start working or be self employed in the UK. I can do that straight away right?

Will my husband need to apply for EEA2? I've read that he does not need to but if he doesn't will that affect permanent residency after 5 years? If he has a family permit to allow him to move back to the UK, is that proof that I have been exercising my EU treaty rights?

[Jambo]

After he comes back and hopefully gets a resident card in Feb, he should be able to use the family permit (if valid for 6 months) to return to the UK with me.
So far I think thats right?

Correct. The EEA Family Permit is a multi entry one. In fact, if this is granted, you don't really need to wait for the Irish Residence Card to move back to the UK. Having a Residence Card in Ireland is not a must. You can prove residence by other means (tenancy agreement, utility bills).

Then when we return, I will need to start working or be self employed in the UK. I can do that straight away right?

No. You don't need to be employed in the UK at all.

Will my husband need to apply for EEA2? I've read that he does not need to but if he doesn't will that affect permanent residency after 5 years? If he has a family permit to allow him to move back to the UK, is that proof that I have been exercising my EU treaty rights?

He doesn't need to and it will not affect his PR after 5 years. However, it is a useful document to have to prove your entitlement to work and to re-enter the UK if you go abroad.

See more in EEA FAQs - Common Questions - Read before posting - Surinder Singh.

[Jellybean105]

Jambo, thank you for the reply!

I have read people mentioning how to prove self-employment of 5 years for PR? Am I getting it wrong?

On the EEA2 form it asks for employment details like accountants letter, HM revenue self assessment, sales invoices etc so all that is for the self employment in Ireland?!

In the link it says: To apply for PR Confirmation, you need to provide evidence that the EEA national has exercised treaty rights for 5 years and that you reside in the UK for 5 years.

How do you prove you have been exercising EU treaty rights for 5 years? I will have only been in Ireland self employed for a year max. So, after simply living in the UK for 5 years after re-entering does that prove to be exercising the rights?

Thank you for your help.

[Jambo]

There is a difference between what non-UK EEA nationals need to prove for PR and what people under the Surinder Singh route need to prove.

What you referred to (5 years of self employment, HM letter etc) doesn't apply to people under the Surinder Singh route. You should read the FAQ under Surinder Singh heading. Not the ones under the other headings.

[Jellybean105]

Oh!! I totally get it now. Thank you so much for clarifying that

[OLUMUYIWA]

There is a difference between what non-UK EEA nationals need to prove for PR and what people under the Surinder Singh route need to prove.

What you referred to (5 years of self employment, HM letter etc) doesn't apply to people under the Surinder Singh route. You should read the FAQ under Surinder Singh heading. Not the ones under the other headings.

Hello Jambo,

So after Residence stamp has been granted , what evidences are required to get premanent residence after 5 yrs ? Doesn't one have to provide evidence that the british citizen has been exercising treaty rights for the past 5 yrs since the residence stamp has been granted ?

[askmeplz82]

everything you need to know is here

http://britishexpats.com/wiki/Surinder_Singh

[Jellybean105]

Hi again

I wanted to check if my business will be sufficient as applying under 'self-employed' once we return to the UK via this surinder route.

I registered my business name in Feb and have already registered for tax. I currently sell online, through amazon, ebay and my own website. My amazon payments are coming into my ireland bank account in euros regularly and future ebay/website payments will come through paypal (then withdrawn to my bank but could be in pounds).

The actual income is through amazon.co.uk (dont think ireland have an .ie) and through ebay.co.uk and also the orders are fulfilled in the UK (packed and sent).

So is this going to be a problem? We will be here until Feb/March so I can provide one year of online invoices of the orders placed, invoices from suppliers with the Ireland business address, advice of payments and bank statements.

Will that be sufficient? Also, I know there is no minimum but is there like a recommended minimum income?

I am just looking ahead, as I don't want to return to the UK and then have them reject my husbands resident card because they don't think my business is valid!

Thank you for your help!

[askmeplz82]

Hi again

I wanted to check if my business will be sufficient as applying under 'self-employed' once we return to the UK via this surinder route.

I registered my business name in Feb and have already registered for tax. I currently sell online, through amazon, ebay and my own website. My amazon payments are coming into my ireland bank account in euros regularly and future ebay/website payments will come through paypal (then withdrawn to my bank but could be in pounds).

The actual income is through amazon.co.uk (dont think ireland have an .ie) and through ebay.co.uk and also the orders are fulfilled in the UK (packed and sent).

So is this going to be a problem? We will be here until Feb/March so I can provide one year of online invoices of the orders placed, invoices from suppliers with the Ireland business address, advice of payments and bank statements.

Will that be sufficient? Also, I know there is no minimum but is there like a recommended minimum income?

I am just looking ahead, as I don't want to return to the UK and then have them reject my husbands resident card because they don't think my business is valid!

Thank you for your help!

2/3 forum members also same like you doing business in eBay. they send

- paypal / ebay monthly sales records
- transactions in the Bank account
-Paypal fund transfer in the Bank
- receipt from seller/buyers if you sell offline too

if it's eBay make sure you have business account

[Jellybean105]

Thank you askmeplz82

I can provide all that. Does it matter if its all transactions are in £s?

[askmeplz82]

Thank you askmeplz82

I can provide all that. Does it matter if its all transactions are in £s?

as long you business is registered in the eBay UK or Amazon UK that's fine doesn't matter in what currency you receive your payment or send

all they want to see is genuine business so that's why Business account is important. If you have eBay or Amazon shop that' very good

you don't need to have business bank account

[vinny]

Thank you everyone for your help so far.

Basically, we have applied for a UK family permit. We are currently in Ireland, I'm British and exercising my EU treaty rights here.
My husband would like to stay until Feb to get his resident card. End of March we are planning to go on holiday so I wanted to know what to do.

If we get the UK family permit, it will be valid until April. If we don't get back before it expires, will we need to re-apply for a UK family permit from Ireland?
If we enter UK before we go for our holiday, would that make a difference? We would like to apply on the EEA2 form after we return to the UK. But when returning to the UK and the permit has expired would we have a problem entering?


If someone could advise. Thank you

[Jellybean105]

Sorry Vinny, didn't think the question was related so started a new topic.

Hope someone can help!

[vinny]

See also EEA FP - Family Permit - planned travel date to UK. Did you tell them when you wished to travel?

[Jellybean105]

Yes, we want to go UK in November for a little while, then return to Ireland.

We are planning to move back to the UK (hopefully) in February after my husband gets his Ireland resident card. But once he enters UK in Feb (if his UK FP is still valid) what do we do if we want to leave at the end of March? Will they let him in again if the FP expires in that time?

Hope that makes sense.

[EUsmileWEallsmile]

Yes, we want to go UK in November for a little while, then return to Ireland.

We are planning to move back to the UK (hopefully) in February after my husband gets his Ireland resident card. But once he enters UK in Feb (if his UK FP is still valid) what do we do if we want to leave at the end of March? Will they let him in again if the FP expires in that time?

Hope that makes sense.

The UK would prefer you to have a valid family permit. If you chose to get one and it expires, one could apply for another one later.

[Jellybean105]

Hi

I was wondering what proof we would need once we are back in the UK. It says on the EEA2 form that we need to provide proof such as utility bills, bank statements and tenancy agreements.
We are currently staying at a friends house so we don't have a tenancy agreement or utility bills. We have tried to find a place to live but havent had any luck yet. We are thinking of moving back earlier and might not wait for the ireland resident card.
I have bank statements on my business address since feb. We have recently opened a joint bank account at the address we are staying at.
Would these two things suffice for proof of residency? But we would only have one or two bank statements. We also have a library card and we have all the receipts since my husband arrived. We could also show the temporary stamp hes received, photos of us here, his application the the uk embassy from ireland etc

Please can someone advise. Thanks!