Applying for EEA permit from another EU country

[Monifé]

Hi everyone,

Just wondering, can you apply for an EEA family permit from another EU country or do you have to go back to your home country to apply?

Also, do you have to be legal in the EU country to apply for EEA family permit?

Thanks

[dublin3]

Hi everyone,

Just wondering, can you apply for an EEA family permit from another EU country or do you have to go back to your home country to apply?

Also, do you have to be legal in the EU country to apply for EEA family permit?

Thanks

Hi Monifé,
I have applied for an EEA family permit about 6 weeks ago and waiting for a decision and they didn't ask for my Garda card but seems like world bridge staff doesn't know anything about requirements.Staff asked me to submit my wife's passport even though I had a copy of her passport endorsed by her country's embassy which is required by UKBA but she insisted that I have to submit my wife's original passport as I was applying first time so I had no other option but submitting her passport. In your case please read the following link and take a copy with you in case you need to give reference.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Good luck!

[Monifé]

Hi Rebel82,

Did you apply from Ireland?

Reason I am asking is that is our plan b should our judicial review proceedings fail against the minister for justice here in Ireland.

I am dual Britsh/Irish.

So would obviously apply for EEA permit with Irish passport.

Also, my partner is a failed asylum seeker, do you think they would refuse the permit because he is not legal here?

Thanks for the link, will have a read of it now.

[Monifé]

Aw, just found the following part of the link you gave me.

Other criteria only to be applied to extended family members

If the application is being made from another Member State:

A permit should, generally, only be issued to an extended family member if s/he is lawfully resident in another Member State. This would normally be shown in the form of either the local equivalent of leave to enter/remain or an EEA residence card if he/she is the extended family member of an EEA national residing in a Member State of which he/she is not a national.

Can you see any way around this?

[dublin3]

Hi Rebel82,

Did you apply from Ireland?

Reason I am asking is that is our plan b should our judicial review proceedings fail against the minister for justice here in Ireland.

I am dual Britsh/Irish.

So would obviously apply for EEA permit with Irish passport.

Also, my partner is a failed asylum seeker, do you think they would refuse the permit because he is not legal here?

Thanks for the link, will have a read of it now.

Yes I applied in British embassy Dublin and legal status is not a requirement for an EEA family permit application.
If you are not married then I think you would need 2 years of cohabitation.
I don't have an idea what are the rules for unmarried partner so please wait for some more knowledgeable member to answer that.
Good Luck!

[Monifé]

Aw, just found the following part of the link you gave me.

Other criteria only to be applied to extended family members

If the application is being made from another Member State:

A permit should, generally, only be issued to an extended family member if s/he is lawfully resident in another Member State. This would normally be shown in the form of either the local equivalent of leave to enter/remain or an EEA residence card if he/she is the extended family member of an EEA national residing in a Member State of which he/she is not a national.

Can you see any way around this?

Has anyone on this forum applied for an EEA family permit for unmarried partner when the partner's status was not legal? What was required?

[Monifé]

Any advice on above comment?

Thanks

[Obie]

Since the case of Bigia, it is no longer a requirement for an OFM or Extended Family member to be lawfully resident in another member state, in order to obtain and EEA family Permit.

41. At no point in the judgment in Metock does the ECJ expressly consider OFMs. Indeed, in the extracts from the Directive which it carefully set out, Article 3.2(a) is omitted. However, it is accepted on behalf of the Secretary of State that the reasoning which underlies the conclusion that, in relation to Article 2.2 "family members", there is no need for prior lawful residence in another Member State, must also apply to OFMs. To that extent, the fourth and sixth propositions expounded by Buxton LJ in KG and AK (see paragraphs 10 and 11 above) require modification. This stems from the ECJ's reconsideration of and departure from Akrich. It follows that the provisions in Regulations 8 and 12 of the 2006 Regulations, to the extent that they require an OFM to establish prior lawful residence in another Member State, do not accord with the Directive. It cannot be the case that the policy which produced the result in relation to Article 2.2 family members in Metock is inapplicable in relation to OFMs.

[Monifé]

Obie you are my knight in shining armour on this board.

Thank you so much as we are hoping to fall back on this as a plan b should we fail with the judicial review.

[Monifé]

With the EEA family permit, can the non-EU family member work straight away in the host member state or do they have to wait for certificate of application from UKBA, after submitting EU treaty rights application?

[Obie]

Yes they can work straight away if he secures an EEA family permit.

On securing an EEA family permit, your partner will cease from being an Extended family member under Regulation 8(5), and will become a family member under regulation 7(3). He will then have an automatic entitlement to a Residence Card, without an examination of his personal circumstances.

[easy77]

Hi,
Very interesting topic!!!!!!!!
If the family member is your spouse/child, is there a requirement that the eea member must be a worker/self-employed persons etc and be resident in the member state you are both relocating to before the non eea can apply for family permit?

[Monifé]

Different questions but thought I would post it here as it is relevant.

1. Would my unmarried partner have to apply for EEA family permit to move with me to Northern Ireland as we would be crossing the border by car?

2. Can we apply for EEA2 without having an EEA family permit and would he be allowed to work once the certificate of application was received? (Also, do employers accept the COA as proof of entitlement to work?)

Thanks

[86ti]

1. Would my unmarried partner have to apply for EEA family permit to move with me to Northern Ireland as we would be crossing the border by car?

Since you cross the border to the UK you will have to act accordingly, that is an EEA FP is formally required.

2. Can we apply for EEA2 without having an EEA family permit and would he be allowed to work once the certificate of application was received?

A residence card application may be possible but not the right to work because it would first have to be established that you are in a durable relationship and the 'extended' family member can be considered a 'full' family member. That confirmation comes through the approval of the residence card. The CoA informs accordingly.

[Monifé]

2. Can we apply for EEA2 without having an EEA family permit and would he be allowed to work once the certificate of application was received?

A residence card application may be possible but not the right to work because it would first have to be established that you are in a durable relationship and the 'extended' family member can be considered a 'full' family member. That confirmation comes through the approval of the residence card. The CoA informs accordingly.

If we were to travel to Northern Ireland without a EEA family permit and marry there (after the COA is abandoned) and apply for EEA2 would he be allowed to work as soon as we received the certificate of application?

Thanks for the advice

[86ti]

If we were to travel to Northern Ireland without a EEA family permit and marry there (after the COA is abandoned) and apply for EEA2 would he be allowed to work as soon as we received the certificate of application?

Yes.

[laspo24]

Different questions but thought I would post it here as it is relevant.

1. Would my unmarried partner have to apply for EEA family permit to move with me to Northern Ireland as we would be crossing the border by car?

2. Can we apply for EEA2 without having an EEA family permit and would he be allowed to work once the certificate of application was received? (Also, do employers accept the COA as proof of entitlement to work?)

Thanks

Not sure about unmarried partner but if you both were married, all you need is to cross without applying for family permit as long as you hold you marriage cert. that will be fine. Secondly, you will need to present COA in other to get NI number for you Non EEA national. Hope this help. Like I said Earlier not sure about unmarried partner. Ring this office for more advice +4428 9024 4401 it is called Law Centre Northern Ireland they will be able to advise you more better. ring as early as 9am Mon to Fri. for you to book a place. advise is free.