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EEA Family Permit

Posted: Tue Mar 12, 2013 11:20 pm
by Marchand1
I applied for a settlement visa and was refused because we did not show enough evidence that my wife had proof of residency. We have appealed and provided evidence. This was done four days ago. We do not know how long the appeal process will take. Can I apply for an EEA Family Permit while the appeal is taking place?

Posted: Tue Mar 12, 2013 11:25 pm
by Obie
what settlement application? on what basis?
Where are you applying from? UK or overseas?
What is your spouse's nationality?

Seems like a complex case.

Posted: Tue Mar 12, 2013 11:36 pm
by Marchand1
Settlement visa.
I am her husband. She is an Irish National living in the UK from 1993.
I am in the USA and a citizen of the US.
She currently resides and works in UK.

Posted: Tue Mar 12, 2013 11:38 pm
by Obie
You may be able to, if you are able to show that she is exercising treaty rights, and she is not also a British Citizen as well.

Posted: Tue Mar 12, 2013 11:41 pm
by Marchand1
How long is the appeal process?

Posted: Wed Mar 13, 2013 2:51 am
by ukforever
Marchand1 wrote:How long is the appeal process?
if she is irish and not british,why did u apply for settlement visa??i mean,she is an eea citizen and why would you go that route anyway..?maybe u weren't aware of the eu laws..!!!
anyway,if she doesn't hold a british citizenship,u can apply for a FAMILY PERMIT from the US and its free.
what u need to do is ask your wife to send u proof that she exercise her treaty rights in the uk(worker,self-employed,self-sufficient-student)
u are saying she is living in the uk since 1993,so i think its easy to assume that she can prove that,by sending u any payslips or work contract and she need to send u also a certified copy of her passport from the irish embassy in london(to prove that she is in the uk at the time of the application),fill out the form online and submit your documents for the FP application from the nearest uk embassy from where u live..
or what u can do ,u can just bypass all this and meet your wife lets say for ex in france or any neighbor eu country,and then u need to be traveling with her to get to the uk,again u need to have all the relevant proofs(marriage certificate,work contract/payslips,and any proof that u lived together,photos,emails,ect)and ask for a code 1A stamp at port and u will be granted entry on the basis of eu laws and not on immigration laws.
if she hold a british citizen too,the above advise doen't apply to u i'm afraid,but still doable if she renounces to her british citizenship,its the only way.
as u are a non visa national you can board any plane from the US to any eu country without needing a visa and you can travel from there with your wife to the uk and ask for admission on the spot but its only possible if the conditions above are met.
its your choice.

Posted: Sat Jun 08, 2013 9:27 am
by EUsmileWEallsmile
@OP, this thread has some information relating to your case.

Which thread would you rather post in? A mod can lock the others to avoid confusion.