Which should I use - EEA 1,2 3 or 4 ???

[edilene1979]

Hello All,
I hope you can help me. I am trying to figure out how to get my Step-Daughters an EEA stamp on their passports.

I am an EEA Citizen (Irish) and my Non-EEA Wife (Brazilian) got her ILR very recently. Her two Non-EEA daughters live here with us and we were going to apply for them when applying for ILR but were advised not to, to
avoid complicating the ILR.

So my question is can we use an EEA form.?
I think we should use EEA4 but im not sure..can you confirm?
Also the girls have outstayed their current visa..could that cause issues?

Regards

P.S. If you have any questions about our ILR experience please ask.

[Docterror]

Only one post about a topic pls.

Need more information for getting aclear pciture. How old are your stepdaughters? What visa are they on.. the one that expired? How long have you been married and how long have your family been living with you. Did your wife get her ILR through the immigration route of the European route?

[edilene1979]

Hi there

My Stepdaughters are aged 10 and 7.
They are on a tourist visa.
We are married 2.5 years and the girls have been here a few months now.
My wife got ILR through immigration route.

cheers

[Docterror]

Your step-daugthers will not be able to apply for the Permanent Residence/ILR using the EEA4 form as they have only been here for a few months. Also since you have only been married for 2.5 years they will not qualify as there is a minimum 5 years residency required as your family member to be able to do so.

The easiest thing would be to get them as dependant on your wife and then register them as British citizens when she gets naturalised, if she plans to do so. Alternatively you may apply for the Residence Card for them based on their relationship to you using the EEA2 form. But that is a 5 years wait for their PR/ILR!

I will let someone else comment on easier ways, if they see any.

[Directive/2004/38/EC]

You are an EU citizen, and the daughters are dependent on you and your wife. It sounds like your wife has UK ILR and that is settled (though quickly!).

Under the European regulations, you can apply for a Residence Card (European law but issued by the the UK) for the daughters. You use for EEA2. This is free and should be quite straight forward. After they are in the UK for 5 years, you can then apply for a Permanent Residence Card (European law but issued by the UK). This is the equivalent of the UK ILR, but is free and easier to get.

You will likely have to prove that the father has given permission for the daughters to live in the UK, or that she has sole custody of the children.