EEA FAMILY PERMIT 5 years requirement

[Sunshine86]

Hi All

Like all the other couples, Im also going for SS ROUTE with my British partner in Ireland. Shortly we will be applying for the EEA FAMILY permit for the UK.

My query is that once Im in the UK with initial six months permission via EEA family permit, will my husband need to exercise his treaty rights in his own country in order for me to get the Five years permission to stay.

Or is he only required to have a means of steady income n accomodation in the UK before I can apply. Or I am only suppose to show again that he exercised his treaty rights in Ireland. Or is it the combination of everything above?


The reason Im asking as my husband is a self employed for which he might need to work in another country for over 3 months. So even he works n travel abroad for few months so can I still apply for the 5 year visa. And because my husband might spend time abroad working, how much would this affect my chances for PR after 5 years!


Please advice as Im very confused at the moment.


Thanks

[Jambo]

See Q5 in EEA FAQs - Common Questions - Read before posting - Surinder Singh.

Upto 6 months absence a year don't affect residence during the 5 years.

I suggest you apply soon before the new changes come into affect on January 1st.

[Sunshine86]

See Q5 in EEA FAQs - Common Questions - Read before posting - Surinder Singh.

Upto 6 months absence a year don't affect residence during the 5 years.

I suggest you apply soon before the new changes come into affect on January 1st.

Hi Jambo

Thank you for the reply.

So what I have understood from the link is one im in the UK, that based on that my husband exercising rights in Ireland, will be sufficient to apply for the five year long visa. Pls correct me if im wrong!!

Is UKBA going to change the laws around EEA family permit as well. Do you have a link where it provides the same info. To what extent will we be affected looking to follow SS route.

Thanks

[Jambo]

Your understanding about the 5 years RC is correct.

The law would change for Surinder Singh applications and will affect Family Permit as well. If you have been in Ireland for long, the changes are unlikely to affect you. If you have been there for only 2-3 months, I suggest you apply for Family Permit this week.

[Graham Weifang]

Only your EU nationals employment in the host country (state), as in your case Ireland, matters for EEA-FP.

When the EEA-FP is granted, you should both travel to UK together, this makes it much easier, than if your planning to meet them here in UK.

Once in UK, the EU national can work, or not work, ie, must be a job seeker.
This is termed a "qualified" person.

So, the choice's generally are, that the EU national either work, or get down to the job center and be a job seeker.

GW.

[Jambo]

Once in UK, the EU national can work, or not work, ie, must be a job seeker.
This is termed a "qualified" person.

Under Surinder Singh there is no need to be a qualified person on return to the UK. As you correctly stated, it is the actions in Ireland that matter (for FP, 5 years RC and PR).

In the UK, he can work or claim benefits or sit and watch TV all day. It doesn't matter.

[Sunshine86]

Only your EU nationals employment in the host country (state), as in your case Ireland, matters for EEA-FP.

When the EEA-FP is granted, you should both travel to UK together, this makes it much easier, than if your planning to meet them here in UK.

GW.

Hi GW

Thanks for the reply, but as you mentioned that only the EU national employment matters, so does it have to be a specific one or as long as hes working for a job, we would be fine.

Also when applying for EEA -FP, is it the accompanying or join category I should apply for. We do intend to travel back together to the UK.

And what are the changes with the new EEA-FP if you are aware of.

Thanks
Rav

[Sunshine86]

Once in UK, the EU national can work, or not work, ie, must be a job seeker.
This is termed a "qualified" person.

Under Surinder Singh there is no need to be a qualified person on return to the UK. As you correctly stated, it is the actions in Ireland that matter (for FP, 5 years RC and PR).

In the UK, he can work or claim benefits or sit and watch TV all day. It doesn't matter.

Hi Jambo

What will be the new changes that are going to come into effect from Jan 2014?

Also we have only just arrived in Ireland, therefore these rules will affect us. My British husband is going to be set up as self employed but in order to apply for the EEA-FP quicker we thought that my husband just get a part time job and then work other hours to set up his own business. Nw, how are we affected by this if my husband only works part time for the next six months, can we still apply under the new changes with the EU Directive?

Thanks,
Rav

[Jambo]

Click on Changes in my first post to follow the discussion about the changes.

Basically the HO is moving the post higher so you can't just do Surinder Singh for a few weeks and expect to be able to return. The HO would like to see a genuine use of the free movement. This can be proven by the length of stay in Ireland (six months or more), connections left in the UK (for example renting out your property if you have one) etc.

If you stay there for 6 months, I would think you would be able to meet the new requirements.

[Sunshine86]

Click on Changes in my first post to follow the discussion about the changes.

Basically the HO is moving the post higher so you can't just do Surinder Singh for a few weeks and expect to be able to return. The HO would like to see a genuine use of the free movement. This can be proven by the length of stay in Ireland (six months or more), connections left in the UK (for example renting out your property if you have one) etc.

If you stay there for 6 months, I would think you would be able to meet the new requirements.

Hi Jambo

Thanks for the reply. I think I have a little bit of understanding in regards to the new changes. They are going to cone hard on these applications from next month, so we need to ensure that we are extra cautious and apply with full preparation.

I am not looking to apply till April 2014 anyways so will have more idea from this forum.

Another query, if we did go back to the UK, would I still be allowed to apply or PR Or the rules are going to change again?

Thank you for all your help here.

[Jambo]

The 5 years to PR is not changing (and will not change). It is just getting on the EU route that becomes harder but once there, nothing has changed.