CAN RETAINED RIGHT RESIDENCE HOLDER SPONSOR FAMILY PERMIT ?

[tascopic]

the new revised family permit under eea regulation allows people with derivative residence card to sponsor their family permit to apply for EEA family permit from outside the UK.

but i want to ask if an holder of residence card under the retained right of residence can sponsor family members for eea family permit application as well?

[vinny]

Probably no.

[Ricardo]

Sadly you can't sponsor anyone. Even while you were married, you will still have to rely on your EEA national to sponsor your family members.

[Artur1]

but if you wait for your PR then you can sponsor your family members

[Nimitta]

but if you wait for your PR then you can sponsor your family members

I think Jambo or Directive (or was it you, Vinny?) explained somewhere that only primary beneficiaries of EU laws, i.e. EU citizens, can pass their rights to family upon members. Secondary beneficiaries, i.e. EU family members can enjoy the right to reside and work in EU countries (if satisfy certain requirements), but what secondary beneficiaries cannot do is to pass those rights to anyone else.

Since receiving PR won't turn a secondary beneficiary into primary beneficiary, the OP's family members won't be able to apply for FP afer he receives PR. (remember that the OP was asking specifically about EEA FP). The only way he can do that is to become a citizen of the UK, go to EU country with the family member in question and reenter under Surender Singh together.

[Ricardo]

when he acquires PR, he can sponsor relevant family members to the UK. However, he cant use EEA route.

[Artur1]

I'm a bit confused now... Let's say I receive PR in 2015 (assuming I retained my rights after the divorce), and I meet someone in the UK who is not EEA/British national as an example.
Does it mean that having PR I will not be able to sponsor that person?

It creates really a bit of weird situation here. As if I can not sponsor non-EEA national and marry him having PR, then every time when I meet someone I need to ask what passport that person holds?

[askmeplz82]

I'm a bit confused now... Let's say I receive PR in 2015 (assuming I retained my rights after the divorce), and I meet someone in the UK who is not EEA/British national as an example.
Does it mean that having PR I will not be able to sponsor that person?

It creates really a bit of weird situation here. As if I can not sponsor non-EEA national and marry him having PR, then every time when I meet someone I need to ask what passport that person holds?

Yes when you start dating ask him/her status in this country.

after PR you can sponsor him/her but not in EEA route.

i don't think this rule will ever change

[Artur1]

then if you could kindly explain, how non-EEA national with PR can sponsor another non-EEA if not through EEA route?

I'm not in this situation, but it really confuses me...

[Jambo]

then if you could kindly explain, how non-EEA national with PR can sponsor another non-EEA if not through EEA route?

I'm not in this situation, but it really confuses me...

As a settled person he can sponsor under the UK immigration rules - Family of British citizens and settled persons.

[Artur1]

Thank you Jambo for answering my query.

I'm not sure whether I will face this situation ever, but it is good to know that after obtaining PR you can actually date any nationality. And if the things work out for you both, you can actually apply as settled person in order to get your wife/husband partner visa.

I'm not feeling comfortable asking someone befoe even starting dating "what natinality you are, what is your status?" if you know what I mean

[askmeplz82]

Thank you Jambo for answering my query.

I'm not sure whether I will face this situation ever, but it is good to know that after obtaining PR you can actually date any nationality. And if the things work out for you both, you can actually apply as settled person in order to get your wife/husband partner visa.

I'm not feeling comfortable asking someone befoe even starting dating "what natinality you are, what is your status?" if you know what I mean

under UK law spouse visa is difficult and it's getting harder from next year

[askmeplz82]

Thank you Jambo for answering my query.

I'm not sure whether I will face this situation ever, but it is good to know that after obtaining PR you can actually date any nationality. And if the things work out for you both, you can actually apply as settled person in order to get your wife/husband partner visa.

I'm not feeling comfortable asking someone befoe even starting dating "what natinality you are, what is your status?" if you know what I mean

well not a problem at all. 2 yrs ago when i went on a date with someone she asked me this question and i find out she is a successful asylum seeker

[Artur1]

I have checked the link provided by Jambo and the main criteria is to have annual salary of £18K.
So as long as you earn more than 18K (which is qiute do-able these days) and have "settled" status in the UK you have a high chance being successful with UK Law spouse application.

Or have I missed something askmeplz82?

[Nimitta]

I have checked the link provided by Jambo and the main criteria is to have annual salary of £18K.
So as long as you earn more than 18K (which is qiute do-able these days) and have "settled" status in the UK you have a high chance being successful with UK Law spouse application.

Yeah... £18K is one thing. Another one is proving that relationships are genuine. Mark it, not "being in genuine relationships" is an issue, but proving it could become an issue.

[Artur1]

I agree Nimitta,
it must be not easy to prove that relationships are genuine if one person is in one country (UK) and his/her husband/wife in Brazil (as an example).

But if you are in genuine marriage, spending your holidays together and each other's families, staying in constant contact day-by-day; then I believe you have a good chance being successful under UK Spouse application.