Eligibility for EEA

[Petanque]

Hi all,
Was wondering if someone could help me with advice. I am on Tier 1 and plan to switch to ILR shortly. In 1 years time i am entitled to a french passport as i am married to a french national. Would i be able to apply for EEA for my mother if i have a feench passport and an ILR?

Thank you very much!

[chaoclive]

Hi all,
Was wondering if someone could help me with advice. I am on Tier 1 and plan to switch to ILR shortly. In 1 years time i am entitled to a french passport as i am married to a french national. Would i be able to apply for EEA for my mother if i have a feench passport and an ILR?

Thank you very much!

Yes, you will be able to do this as long as you don't take British citizenship, however, you will have to prove dependency.

See here for more details about the EEA family permit which your mum would probably need to get to enter the UK: https://www.gov.uk/family-permit/eligibility

[Petanque]

Thank you very much, I just was not sure as ILR application is called settlement, which seems a different status from Tier 1. Thank you for your advice!

[chaoclive]

Thank you very much, I just was not sure as ILR application is called settlement, which seems a different status from Tier 1. Thank you for your advice!

It doesn't matter whether or not you have PR/ILR for the UK if you are a French citizen. EEA family members have the right to come to the UK on an EEA family permit provided the EEA citizen is either 1) planning to travel to the UK to exercise treaty rights OR @) already exercising treaty rights in the UK, e.g. working/self-employed/studying and holding comprehensive sickness insurance/self-sufficient with comprehensive sickness insurance.

IF you take PR (which is offered through the EEA route after 5 years of residence in the UK) or ILR (which is offered under the UK immigration rules) and you are a French citizen, I don't think there is the same requirement to exercise treaty rights in the UK and your family member can join you.

Can I just check: how are you going to receive French citizenship? Are you living in France at the moment? Are you currently an EEA family member? I.e. do you have an EEA spouse/other family member?

[Petanque]

Hi Chaoclive,

Thank you for your response! I am currently living and working in the UK under tier 1 ( but am already entitled to ILR so I could switch). I am married to a french national so will be entitled to a french passport shortly (in a few month). I could switch to EEA rules myself and then apply for my mum to come stay with us, but I would lose my experience in the UK and reset clock to zero.

I am not really sure if I am going to apply for uk citizenship in future as longer term we are planning to move to france, but with the current situation we wanted to keep our options open.

I wonder if I switch to ILR and get a french passport in a few months can I apply for my mum to come join us under EEA rules?

Let me know what you think?
Thank you very much!

[chaoclive]

Hi Chaoclive,

Thank you for your response! I am currently living and working in the UK under tier 1 ( but am already entitled to ILR so I could switch). I am married to a french national so will be entitled to a french passport shortly (in a few month). I could switch to EEA rules myself and then apply for my mum to come stay with us, but I would lose my experience in the UK and reset clock to zero.

I am not really sure if I am going to apply for uk citizenship in future as longer term we are planning to move to france, but with the current situation we wanted to keep our options open.

I wonder if I switch to ILR and get a french passport in a few months can I apply for my mum to come join us under EEA rules?

Let me know what you think?
Thank you very much!

If you get a French passport in a few months your parents will be able to apply under the EEA rules at that time (right away as long as you are working). This will not be affected by whether or not you have ILR (or PR) as long as you are 'exercising treaty rights' i.e. working/self-employed etc.