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driftkid · Junior Member Joined: 03 Oct 2012 Posts: 33

I have some question regarding EEA Family permit.. here is my situation...
I am a british citizen by descent, I was born in the philippines and I was never been in UK, I went to Rome, Italy to work and settle with my family, my wife is a Filippina, also my 2 kids, we all residents in Italy. Now we want to move here in UK, so I went here first to find a job,I left them in Italy for the meanwhile, then I searched some information how to get my family here with me, then I found out that I should apply for a EEA family permit, then I wrote to british embassy, they told me there will be a financial requirement... actually I found a job at a hotel, they will pay me £7 per hour, I dont know if that will be enough to sponsor my family, is there any other way to get my family here? need some help please, i need some advices from experts like you..

Lucapooka · Guru Joined: 14 Aug 2011 Posts: 6586 Location: Brasil

I would guess that your response from the British Mission in Rome was in the mistaken regard to a UK settlement visa(s) for your entire family. They would not have told you that an EEA permit application would be subject to financial tests.

driftkid · Junior Member Joined: 03 Oct 2012 Posts: 33

is that true sir? they told me about the £18,600 annual minimum salary for so that i can get my wife then it should be 25,000 if there are 2 kids with my wife

Lucapooka · Guru Joined: 14 Aug 2011 Posts: 6586 Location: Brasil

Yes, they have given the correct information for the wrong application. This will not apply to an EEA permit (Singh) application.

John · Posted: Wed Oct 03, 2012 6:33 pm Post subject:

As Lucapooka said, they are mistakenly advising you about spouse visa and child settlement visa.

But your family will be applying for EEA Family Permits. You are now employed in the UK, that is, you are exercising EU Treaty Rights as a "worker". Accordingly, based upon what you have posted, they are entitled to have those permits issued.

It makes no difference that you are British by descent, as regards the issue of the EEA Family Permits.
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driftkid · Junior Member Joined: 03 Oct 2012 Posts: 33

thank you very much sir for the information, so i should apply for the EEA permit (Singh)? can you provide me link

Greenie · Guru Joined: 21 Aug 2008 Posts: 6958

The op is not required to be exercising treaty rights in the UK, given that this is the country of his nationality. Instead he needs to show he exercised treaty rights as a worker in Italy.

Obie · Posted: Wed Oct 03, 2012 7:31 pm Post subject:

driftkid · Junior Member Joined: 03 Oct 2012 Posts: 33

i'm happy to here that thank you very much guys, how about accommodations?

Jambo · Guru Joined: 02 Oct 2009 Posts: 6298

keffers · BANNED Joined: 23 Jan 2011 Posts: 238

But be careful.

Not relevant in this case but for eg at 2.9 it reads:

Extended family members must be wholly or mainly financially dependent on the EEA principal to meet his or her essential needs in order to qualify for an EEA family permit (durable partners do not need to provide evidence to show dependency on the EEA national). Emotional dependence to the EEA national would also be expected in order for an extended family member to qualify for an EEA family permit.

There is no wholly or mainly requirement under the Directive - just the need to meet essential needs.

UKBA guidance sometimes likes to mix and match.

driftkid · Junior Member Joined: 03 Oct 2012 Posts: 33

they told me this "If you are already living in the UK, your family members do not qualify for the EEA Family Permit. If they want to move to the UK with you, they may apply for the Settlement visa.t."

so I should apply the permit before I settle here? Before I rent a house?What should I do? I must go back to Italy before I start working to apply my wife and children's EEA permit?

Lucapooka · Guru Joined: 14 Aug 2011 Posts: 6586 Location: Brasil

How long have you been in the UK and when did you cease working in Italy?

driftkid · Junior Member Joined: 03 Oct 2012 Posts: 33

I have been here for only 10 days, I will be starting to work on 15th of October, I worked in Italy last day was July 10 2012

Lucapooka · Guru Joined: 14 Aug 2011 Posts: 6586 Location: Brasil

I'm not aware of a fixed threshold with regard to applying under the Singh route, but it would be better to apply as soon as possible. Perhaps others can comment on the likely time-scale within which one must apply (there must be some point at which they draw the line) but I imagine the decisions will be quite arbitrary and case-dependent.

driftkid · Junior Member Joined: 03 Oct 2012 Posts: 33

so what is the best thing to do? I should go back to Italy to apply the permit before I start working?

Lucapooka · Guru Joined: 14 Aug 2011 Posts: 6586 Location: Brasil

It has already been stated (quite clearly, in fact) that you don't need to be working in the UK. You need evidence of your past rather than your present and future.

driftkid · Junior Member Joined: 03 Oct 2012 Posts: 33

I'm going back to Italy next week to apply with my wife, can you help me choose what form to fill up? I'm confuse which form to download

driftkid · Junior Member Joined: 03 Oct 2012 Posts: 33

can someone help me, please give me step by step procedure, where should I apply?

Lucapooka · Guru Joined: 14 Aug 2011 Posts: 6586 Location: Brasil

You need to file 3 x application forms, one for each of your dependants.

http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/applying/