EEA Family Permits?

limey · Post by **limey** » Wed Mar 14, 2007 2:19 pm

Thanks everyone for your information.

Whichever way we will still apply for the Family Permit. Though, we are a little concerned that IND saying the ILR was rejected because "Our marriage is not subsistent (ie. does not exist) may adversely affect the Family Permit application! What do you think?

Post by **Directive/2004/38/EC** » Wed Mar 14, 2007 2:33 pm

You know your application better than anyone. Why do you think they might say that?

If I were working for IND (which I don't!), I would ask the following kinds of questions to myself: Do you clearly live together? Do you share financial things, like bank accounts and bills? Do you take vacations together? Do you speak chinese? I would look for the day-to-day (minor) personal history of a ongoing relationship.

Post by **JAJ** » Wed Mar 14, 2007 11:36 pm

limey wrote:JAJ: At the moment, that is why we intend to apply using my Irish citizenship and she will apply for the Family permit in China.

And how do you plan for her to get British citizenship of her own? How do you plan for her to qualify for naturalisation?

A Family Permit is not the same as British citizenship ...

yankeegirl · Post by **yankeegirl** » Thu Mar 15, 2007 12:31 am

And how do you plan for her to get British citizenship of her own? How do you plan for her to qualify for naturalisation?

A Family Permit is not the same as British citizenship ...

I know the process takes longer than coming over on a UK spousal visa, but wouldn't his wife be able to apply for British citizenship 1 year after getting permanent residence? Greanted, it takes 5 years to obtain permanent residence via the EEA route, but can't British citizenship still be obtained?

Post by **JAJ** » Thu Mar 15, 2007 12:57 am

yankeegirl wrote:I know the process takes longer than coming over on a UK spousal visa, but wouldn't his wife be able to apply for British citizenship 1 year after getting permanent residence? Greanted, it takes 5 years to obtain permanent residence via the EEA route, but can't British citizenship still be obtained?

Yes, of course British citizenship can be obtained after permanent residence is obtained under the EEA route.

If spouse is a British citizen then two additional points apply:

- it is not necessary to wait 1 year after PR, if there is at least 3 years total residence in the UK; and
- it may be possible to bypass the need for PR/ILR and use the "ppron method" to apply for naturalisation at a post outside the UK after 3 years legal residence in the UK:
http://www.ukresident.com/forums/index. ... opic=37084

yankeegirl · Post by **yankeegirl** » Thu Mar 15, 2007 8:56 am

thanks for that... I learn something new everyday on here

limey · Post by **limey** » Thu Mar 15, 2007 12:56 pm

JAJ: Thanks for that very interesting and useful information.

ppron seems a great method if the spouse has 3 years in the UK and also is painless & quicker! Certainly worth keeping in mind for the future! But alas my wife has sometime to go before she has 3 years under her belt.

limey · Post by **limey** » Fri Mar 16, 2007 6:10 pm

Here is the IND page covering EEA nationals and their Family members...
http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

It makes very interesting reading!

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EEA Family Permits?