EEA Family Permit

[Wanderer]

What happens in this case, it might be mine in the future but for now it's just a sth that occured to me on the way to the shop last night. I was getting some milk.

Couple living together in UK, no UPV but provable relationship, one EU, one non-EU on valid non-visit UK visa.

EU person moves to another EU State for work purposes, how is the EEA family permit arranged for the non-EU person, if indeed in can be?

Does the EU person have tp have lived on other state for six months before applying for EEA permit, or is it possible to apply beforehand so the couple can leave together?

In which case they will actually have the EEAP on a promise of exercising of treaty rights. ie without actually having exercised a treaty right.

How would it work in this scenario?

[Platinum]

First: you'd have to be moving to a country that recognizes un-married partners. Ireland, for example, doesn't. No matter that you can prove a "marriage-like relationship" for decades. If a country doesn't recognize unmarried partners, then it's a no go.

If you want to go to a country that does recognize it, then you can get an EEA family permit-type visa (I think the EEA FP is only a UK term) before you move over, and you can leave together.

That's what we're doing, anyway. I got an EEA FP for the UK here in Ireland, and my EU husband and I will move over together.

The thing is, the non-EEA citizen has the right (technically, of course) to travel with their EEA family member. Once there, and the EEA family member works or otherwise exercises their treaty rights, *then* the non-EEA member can apply for residence. You can travel and stay for six months without applying for residence, I think.

[yankeegirl]

you'd have to be moving to a country that recognizes un-married partners. Ireland, for example, doesn't.

According to the INIS site, they do but you have to show evidence of at least 4 years co-habitation. And, I'm sure with all things related to Irish immigration, nothing is guaranteed.
http://www.inis.gov.ie/en/INIS/Pages/WP07000278

As Platinum said, first you would have to make sure that the country you are interested recognizes unmarried partners and find out what their guidelines are.

Does the EU person have tp have lived on other state for six months before applying for EEA permit,

It depends on if the non-EEA person is making an application from within the EU. I think the standard to make an application from within the EU is that the applicant must have legal residence in that EU state. The Family Permit is how the UK applies the directive with family members of EU citizens coming into the UK; it is called something different in each member state but functions in a similar way. So, you would have to look up the guidelines for the particular country you are wanting to go to.

[SMOOTH OPERATOR]

an application from within the EU is that the applicant must have legal residence in that EU state.

yankeegirl would u say there is no chance for a non-eea overstayer and her un-married german partner who happens to have exercised hit traty rights

[yankeegirl]

Smooth Operator,

It all depends. The legal residence in the EU state only applies if the applicant is wanting to apply from WITHIN the EU. It has no bearing if the person is applying from outside the EU, like the persons own country. I was an overstayer in the UK and returned to the US, married my partner and applied for the family permit in the US.

[SMOOTH OPERATOR]

hmmmmmmm, ive asked this because i know of some couples which one was an overstayer and the other an eu not uk citizen and these people managed to get 5 yrs permit when they applied but i dont know if this was a loophole when they did theirs as it was 3-4 yrs ago. maybe the eu law stricter now, i dont know

[yankeegirl]

Since this was 3 or 4 years ago, before a CoA was required to marry in the UK, perhaps they were able to marry and apply to remain as a spouse?

[SMOOTH OPERATOR]

i did not know that the newly introduced COA was needed by eu/eea and their noneu/eea partners

[yankeegirl]

I don't think it is required of the EEA national, but definitely is required of the non-EEA national.

[Platinum]

According to the INIS site, they do but you have to show evidence of at least 4 years co-habitation. And, I'm sure with all things related to Irish immigration, nothing is guaranteed.

Oh, right, I didn't know this. That's good news! I'm glad the Irish have managed to do that. In social attitudes, they do sometimes surprise me with how much they still have to move away from the Church's influence.