Immigrationboards.com

Given the recent ECJ in the McCarthy case, does anyone know for sure or has anyone personally been successful in settling in the UK and getting a UK residence card (RC) with just having a residence card from a member state?

Is it necessary to have the family permit when you have an RC of the member state, to be legally allowed to settle in the UK & to be able to get a NI number & NHS number?

It has never been necessary to hold an EEA family permit before applying for an EEA residence card. Both are merely confirmations of status. They do not confer the status.

However, extended family members may benefit more from having an EEA family permit as they will be treated as family members.

understood, my question is skipping the 'family permit' as Mrs McCarthy is doing by entering the UK with her foreign passport + a member state residence card & without a family permit

http://www.theguardian.com/uk-news/2014 ... pean-court

http://curia.europa.eu/jcms/upload/docs ... 0182en.pdf



step 1: Non EU spouse exercising the treaty rights living in a member state (centre of life is there) gets their 'Residence card' while living in that member state.

2. Leaving the member state together, they enter the UK (Brit with non EU spouse) without a family permit, the spouse has just a foreign passport + the EU residence card [lets say from Spain] as in the McCarthy case

My question....

3. Now in the UK, Can the non EU spouse with the residence card from a member state now apply for the UK residence card without the family permit? If not, why?

4. Can they with just the EU residence card from the member state (plus supporting documents) & without the UK residence card obtain a UK NI number & NHS card - on the basis they'd be settled in the UK living with their UK spouse?

5. If 3 & 4 are not likely, then can the non EU spouse with the residence card from the member state shortly after their arrival in the UK (with the Brit spouse) are they now rightfully allowed to apply for a UK family permit from within the UK?

You're making this more complicated than it has to be - as vinny said, the EEA FP has never been a prerequisite to applying for a RC. End of discussion. The Mccarthy ruling only deals with non EU nationals, who normally require a visa to visit the UK, visiting the UK with their UK/EU citizen partners.

jenangeles wrote:You're making this more complicated than it has to be - as vinny said, the EEA FP has never been a prerequisite to applying for a RC. End of discussion. The Mccarthy ruling only deals with non EU nationals, who normally require a visa to visit the UK, visiting the UK with their UK/EU citizen partners.

you're probably right, but I'm thinking the difficult, as well as trying to think outside the box. For this discussion lets ignore Mrs McCarthy from Columbia who would normally require a visa to visit the UK.

I'm trying to get my head around why the non EU spouse with an RC from a member state would need to have a visa of any kind including the 'family permit' to reside in the UK?

1. I understand the point that there are those non EU nationals do not require a visa to visit the UK.

For those people, that have a RC card from that member state (lets say Malta) and who are living as their centre of life with their Brit spouse in a member state , why would they need any visa to reside in the UK once they have an RC card from a member state?

2. Can the non EU spouse (accompanying their Brit spouse) simply begin residing in the UK indefinitely with just the RC card from a member state without having a family permit?

3. And can they just go to the Job Centre with RC card from the member state & apply for an NI card, tax number, NHS card

Why would someone with a RC card from a member state be refused any of the points in 2 &3 above?

If I'm totally missing the point, can someone walk me through it

BTW, as of January 30, the residence card application form - 'new version' has changed to 139 pager from the 38 pager that was on the UKVI site last week

I am wondering from the post below in another thread how this individual made out? Is the non EU spouse illegal in the UK without a visa? Can that spouse reside without a UK visa?

n2o wrote:

jasmin kool wrote:i have got 5 years residence card in Ireland which is called stamp 4 eufam.the visa which i didn't apply is family permit which is to come to uk i travel to uk without family permit and airline was flybee.if you want to make surinder singh route you must apply for residence card in ireland and exercise treaty rights once you got residence card in ireland and you have got enough evidence to proof your partner moves his or her center of life in ireland than you travel to uk and apply for EEA2 straight away

jasmin kool wrote:No I didn't apply for EEA permit.me and my wife both travel to belfast as there is no border between ireland and uk and then fly from belfast city airport to Manchester. And then after 2 days I submit my EEA2 application

Hello Guys,

Please a friend of mine is really sick of his immigration situation at the moment and i chosed
to help him by post on immigration boards

He's a non EEA and married to an Irish citizen and they have 2 kids together which are Irish and British citizen,
he has no Irish residence permit and they have decide to move to the United Kingdom either Northern Ireland or England.

Please is he eligible to apply for EEA family permit/visa while he has no Irish residence permit in Ireland?

Can he legally live in the UK with his family while he entered the UK without Visa?
Can he also apply for a EU residence card in the UK? and won't be denied or take a longer process base on his entry procedure without a visa to the UK?

What about if he finally successfully and secured a permanent residence in future would he be allowed to apply for UK citizenship on bases of he has breach UK immigration laws.

Your response will be highly appreciated and thanks a million in advance.