Apply to the EEA Residence Card right after arrival?

Hi all.
I bring up a topic that I have not seen in any other post. This is about how soon can a non-EEA spouse apply for Residence Card if they entered the UK with their EEA National spouse, hence, where that EEA National is on its Initial Right of Residence (3 first months).

The Stage 3 of the Home Office "Free Movement Rights: direct family members of EEA nationals" document states this:

Status of EEA national sponsor
The applicant must provide proof the EEA national is either:
• living in the UK and exercising a free movement right
• has a permanent right of residence in the UK

As you see, "living in the UK and exercising a free movement right" is not the same as being "a qualified person". Exercising treaty rights would include the first three months of initial right of residence.

Therefore, I want to know your opinion on this. I a direct family member applies the next day he enters the country, and does not provide any proof of his spouse being a qualified person, but rather showing that she is in her Initial Right of Residence (with the stamp on her EEA passport), you should be granted that the EEA National is exercising her treaty rights. Isn't it?

I know the regular practice is to apply for the RC two or three months after arrival. But sometimes employers are so scared of Family Permits or EEA dependent stamps, that it might be better to go for the RC right away.

Do you see this feasible?

Regards,
Joaquín

Hi Joaquín,

I came to the UK with EEA visa on 29th of march 2019 with my EEA spouse, on my visa there was no note about work permit etc.

I satrted working on 1st of April. My EEA wife was looking for a job and got job/started on 8th of April.

We applied EU settlement scheme, (My wife on 30th, I on 31st).

I give biometrics on 1st of April, got COA on 5th and got pre-settled on 18th, will get residence card by next week.

So, do not bother with BRC, apply directly to settlement scheme which is much better and quicker than BRC for EEA nationals and their families.

Cheers,

Thank you very much Blacksea28.
Sorry, to be more accurate on your case:
- when you say EEA visa, do you mean a Family Permit or did you get the EEA Dependent stamp at the border?
- on what date did you and your wife applied for the NINo?
- I assume there were no "treaty rights" questions on your wife's application, since that is an "EEA regulations" thing, right?
- When relating yourself to your wife, what info/documents did you present? your wife's application number, marriage certificate, copy of her passport?

Thank you very much. Looks like this is the fastest way to go. I will go to the UK with my Spanish wife and our kids on May 24th. I already have a job offer, but my employer is reluctant to letting me work just on a Family Permit or EEA Dependant stamp. So EU Settlement Scheme might be the solution.

And what proof of residence did you present?

jmedina wrote: ↑

Mon Apr 22, 2019 10:00 pm

Thank you very much Blacksea28.
Sorry, to be more accurate on your case:
- when you say EEA visa, do you mean a Family Permit or did you get the EEA Dependent stamp at the border?
- on what date did you and your wife applied for the NINo?
- I assume there were no "treaty rights" questions on your wife's application, since that is an "EEA regulations" thing, right?
- When relating yourself to your wife, what info/documents did you present? your wife's application number, marriage certificate, copy of her passport?

Thank you very much. Looks like this is the fastest way to go. I will go to the UK with my Spanish wife and our kids on May 24th. I already have a job offer, but my employer is reluctant to letting me work just on a Family Permit or EEA Dependant stamp. So EU Settlement Scheme might be the solution.

np

1-) EEA family permit visa
2-) My wife already had one(NINO) when she was student(8 years ago). I called NINO to get one but it was not possible to get it without permanent address but they said to me that I can start working without NINO, so, i did
3-) There is no requirement for treaty rights or such thing for EU settlement scheme
4-) International Marriage certificate and application number of my wife
5-) About residence, you/your wife just need to proof one day of being in the UK in past 6 months, e.g. boarding pass is sufficient

Yes, indeed, EU settlement scheme is better in your case, no need any financial or residency requirement etc.

I also got job offer from the employer but they were fine with EEA family permit visa to start working and they were waiting result of my application

About NINO, I booked it to next week, so I will get it probably by beginning of May

Thank you very much my friend.

What address did you enter applying so soon? an Airbnb? a Hotel? the airport address ?

jmedina wrote: ↑

Tue Apr 23, 2019 2:07 am

Thank you very much my friend.

What address did you enter applying so soon? an Airbnb? a Hotel? the airport address ?

You're welcome.

I had relative in different city so I gave their address. In application it says that you do not have to give the address you live etc. you can use the address where you can receive letters(Correspondence)

Good luck my friend!

Wow, I am impressed how the arrogant Brits are actually making it really easy on us to apply for this.
Thank you again.

Regards,
Joaquin

jmedina wrote: ↑

Tue Apr 23, 2019 6:22 pm

Wow, I am impressed how the arrogant Brits are actually making it really easy on us to apply for this.
Thank you again.

Regards,
Joaquin

Kindly post with respect. We have many very knowledgable British members and moderators who give their time freely and voluntarily on this forum to help members across all immigration rules and routes, including EEA FM routes.

jmedina wrote: ↑

Tue Apr 23, 2019 6:22 pm

Wow, I am impressed how the arrogant Brits are actually making it really easy on us to apply for this.
Thank you again.

Regards,
Joaquin

If you think like this about UK and British people, why do you come here then? Shame on you! How dare you are...

I didn't mean to be offensive. "Arrogant" is not a swear word or disrespectful term in Spanish.
I retreat it, sorry.

jmedina wrote: ↑

Tue Apr 23, 2019 7:52 pm

I didn't mean to be offensive. "Arrogant" is not a swear word or disrespectful term in Spanish.
I retreat it, sorry.

Your retraction of the comment is appreciated.

The definition of 'Arrogant' from Collins English Dictionary

adjective. The definition of arrogant is someone who is full of self-worth or self-importance and who tells and shows that they have a feeling of superiority over others

And from the Macmillan English Dictionary:
someone who is arrogant thinks they are better or more important than other people and behaves in a way that is rude and too confident

Fair enough, sorry about that.

Blacksea28 wrote: ↑

Mon Apr 22, 2019 8:34 pm

Hi Joaquín,

I came to the UK with EEA visa on 29th of march 2019 with my EEA spouse, on my visa there was no note about work permit etc.

I satrted working on 1st of April. My EEA wife was looking for a job and got job/started on 8th of April.

We applied EU settlement scheme, (My wife on 30th, I on 31st).

I give biometrics on 1st of April, got COA on 5th and got pre-settled on 18th, will get residence card by next week.

So, do not bother with BRC, apply directly to settlement scheme which is much better and quicker than BRC for EEA nationals and their families.

Cheers,

Hello,
Did you apply through app or in website for EU settlement scheme?
In my case I came to UK through EEA family permit on 2nd May with EEA national spouse.
I do have NINO when I came as Student 4 years back.
Can I apply for EU settlement scheme,if so can you please tell me what are the supporting docs you have attached.
Your response will be appreciated

Raj1719 wrote: ↑

Sat May 11, 2019 12:56 am

Blacksea28 wrote: ↑

Mon Apr 22, 2019 8:34 pm

Hi Joaquín,

I came to the UK with EEA visa on 29th of march 2019 with my EEA spouse, on my visa there was no note about work permit etc.

I satrted working on 1st of April. My EEA wife was looking for a job and got job/started on 8th of April.

We applied EU settlement scheme, (My wife on 30th, I on 31st).

I give biometrics on 1st of April, got COA on 5th and got pre-settled on 18th, will get residence card by next week.

So, do not bother with BRC, apply directly to settlement scheme which is much better and quicker than BRC for EEA nationals and their families.

Cheers,

Hello,
Did you apply through app or in website for EU settlement scheme?
In my case I came to UK through EEA family permit on 2nd May with EEA national spouse.
I do have NINO when I came as Student 4 years back.
Can I apply for EU settlement scheme,if so can you please tell me what are the supporting docs you have attached.
Your response will be appreciated

Hi,

I applied through web site because for non-eu/no BRC card holders, it was not possible to apply through app. Your EEA spouse should apply through app and you can complete yours on the website.

You only need your EEA spouse application ID and you can also attach your EEA visa as there is a stamp confirming that you came to the uk on that date for immigration purpose. Then, the system will ask you to book biometrics appoitment, you will need to go with your passport, thats it.

Optional but not required: You can also attach your marriage certificate and to biometric appoitment, you can bring your spouse's ID or passport. If not possible dont bother...

There is only one requirement for EU settlement scheme that your EEA spouse has to be in the UK for at least one day and as non-eu youalso need to be in the UK while applying.

By the way,Once granted pre-settled status, you are no longer dependent and having individual status as "leave to remain + work permitted". I was travelling this weekend and it was confirmed by border police while re-entering. As you do not have any other residence card, they will send you one after COA decision.

Good luck!

Hi
Thanks for sharing your case and suggestions

Hi,
As you have mentioned that you have got presettled status.
Is it through mail confirmation?
Any validity is specific in the pre settled status
Thanks for you help,

Hi Black sea,

Did you received presettled RC .

Raj1719 wrote: ↑

Tue May 21, 2019 6:30 pm

Hi Black sea,

Did you received presettled RC .

yes, lasth month

I'm so sorry, I know this was a month ago but I can't help myself and comment, as this is juicy material:

jmedina wrote: ↑

Tue Apr 23, 2019 6:22 pm

Wow, I am impressed how the arrogant Brits are actually making it really easy on us to apply for this.
Thank you again.

Regards,
Joaquin

Joaquin, two things:

1) You have a cultural confusion that needs addressing before you attend your next dinner party:

If one nation is universally acknowledged as appearing arrogant to others, that's the French (and I say this in the most comical way: try telling my French partner that not all science, human rights, arts, or gastronomy was developed by the French; he'll go blank and all serious )

If one nation is universally acknowledged as the masters of self-deprecation (and naturally of fine comedy), that's the Brits! Can't think of anything less arrogant than that. Hence the centuries-old love-hate relationship with its neighbors across la Manche.

2) Have you tried any of the equivalent process in any other European country? The UK is impressively well organized and straightforward. People fail their applications mostly because they did not read the instructions.

Apologies to the Original Poster for locking your thread (you do have others if I recall) due to members taking your thread off topic!!