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EU SETTLEMENT SCHEME FAMILY PERMIT OR EEA FAMILY PERMIT?

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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Jadine11
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Posts: 6
Joined: Mon Jul 22, 2019 4:24 pm
South Africa

EU SETTLEMENT SCHEME FAMILY PERMIT OR EEA FAMILY PERMIT?

Post by Jadine11 » Wed Aug 28, 2019 2:20 pm

Hi All,

So I (South African/Non EU) will be marrying my Irish fiance in November in South Africa.

Once we are married and I have all relevant paperwork to apply I would like to apply for a family permit to join him in the U.K, the thing is I do not know which one to apply for the EU Settlement Scheme Family or permit or the EEA Family permit?

He resides and works in Northern Ireland, he has renounced his British Citizenship and we will be getting married on his Irish passport.

Do we need to do anything else before I apply and which family permit should I apply for?

Thanks in advance!

ryuzaki
Member
Posts: 127
Joined: Mon Oct 19, 2015 4:09 pm

Re: EU SETTLEMENT SCHEME FAMILY PERMIT OR EEA FAMILY PERMIT?

Post by ryuzaki » Thu Aug 29, 2019 9:32 am

EU Settlement Scheme Family Permit is for people with partners who are also applying under the Settlement Scheme. Because your partner is Irish they don't need to use that scheme. I'm not sure if they can use it.

To apply for the EU Settlement Scheme Family Permit your partner needs to have a Settlement Scheme application number. If they don't I think you need to use the normal Family Permit, and then when you arrive apply for the Settlement Scheme.

Since it's free to apply maybe your partner should apply.

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Zerubbabel
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Joined: Fri Jul 06, 2018 7:13 am
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Re: EU SETTLEMENT SCHEME FAMILY PERMIT OR EEA FAMILY PERMIT?

Post by Zerubbabel » Thu Aug 29, 2019 9:32 am

Hello

It's difficult at the moment to answer EEA questions when the migration project is in November (I understand that your partner lives and works in Ireland at the moment. He is not in the UK).

In October 31st, there should be a Brexit. Deal, no Deal? Brexit, no Brexit? No one knows for sure at the moment. But there are major changes coming that will affect your project.

Depending on how the situation evolves, your husband won't be able to come to the UK in November and exercise Treaty Rights then bring you in (at least it won't be as easy as it is now). He would have to go through other routes that are not very well defined at the moment.

There is the European Temporary Leave to Remain. The scheme will open at one point after the Brexit and will allow EEA nationals wishing to stay longer than 3 months to register then bring their family at one point.

There is a lot of uncertainty at the moment but EEA nationals who enter and exercise Treaty Right before the Brexit would have easier and clearer path towards settlement.

If your partner wants to leave Ireland anyway, why not moving to the UK first (before the Brexit) then marry you later in November. But at least, you will have stronger situation when it comes to immigration.

This official page is relevant for you:

https://www.gov.uk/guidance/european-te ... -in-the-uk

How to apply for European temporary leave to remain
You’ll need to apply within 3 months of arriving in the UK.

The application will be online. You’ll need to prove your identity and declare any criminal convictions during your application.

Jadine11
Newly Registered
Posts: 6
Joined: Mon Jul 22, 2019 4:24 pm
South Africa

Re: EU SETTLEMENT SCHEME FAMILY PERMIT OR EEA FAMILY PERMIT?

Post by Jadine11 » Sun Oct 27, 2019 8:00 pm

Hi,

I apologize for the delay in my reply!

My fiance resides in Northern Ireland which is part of the UK.

He is an Irish citizen and does not need to apply to settlement scheme, I see they have updated the website and have said that a non EU spouse can apply for EU settlement family permit if they are related to an Irish citizen which answers that part of my question.

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