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Non EEA National Travelling to Europe with EEA National PLS!
Posted: Thu Sep 26, 2013 8:26 am
by confusedinpakistan
My wife is a UK citizen and we want to travel together to a European country so that we can apply for a Family Permit and move to the UK eventually.
If I travel with her on a visa to Europe what happens after 90 days when the visa expires? It is my understanding that she can only apply for a family permit after 6 months of excercising her treaty rights.
Could someone please explain this part to me?
Re: Non EEA National Travelling to Europe with EEA National
Posted: Thu Sep 26, 2013 9:47 am
by askmeplz82
confusedinpakistan wrote:My wife is a UK citizen and we want to travel together to a European country so that we can apply for a Family Permit and move to the UK eventually.
If I travel with her on a visa to Europe what happens after 90 days when the visa expires? It is my understanding that she can only apply for a family permit after 6 months of excercising her treaty rights.
Could someone please explain this part to me?
6 months is not required but good to exercise treaty right that long to make your case strong
are you both travelling together from pakistan ?
read more here :
http://britishexpats.com/wiki/Surinder_Singh
Posted: Thu Sep 26, 2013 11:53 am
by confusedinpakistan
Yes, we will both travel together to whatever European country we go to.
I have spoke with a number of embassies in Pakistan and they have said that a short term visa is not a problem.
I was planning on using the Surinder singh route, but will 3 months be enough time to excercise her treaty rights?
I don't mind staying in Europe for 3 months, the less the better as the end goal is England.
But will they accept 3 months as enough?
Posted: Thu Sep 26, 2013 12:03 pm
by confusedinpakistan
Thank you for that link.
From my understanding I think that I will be able to apply for RC once I land in Europe and than dont have to worry about the visa anymore?
Is that the case?
Posted: Fri Sep 27, 2013 8:22 am
by askmeplz82
confusedinpakistan wrote:Thank you for that link.
From my understanding I think that I will be able to apply for RC once I land in Europe and than dont have to worry about the visa anymore?
Is that the case?
At least 6 months is the guideline (it is not absolute).
This is not specified in the UK regulations. The longer, the better chances of satisfying the HO. The rule of thumb given is 6 months but an application can be made before that and if refused, a new application can be made a few weeks later.
After moving to the UK an application is then made for an EEA residence card for the family member. Much of the key material submitted in the EEA Family Permit application is still required, together with more evidence after moving to the UK.
An EEA residence card is then issued for 5 years.
Posted: Fri Sep 27, 2013 11:34 am
by confusedinpakistan
Yes, but what about the 6 months in Europe?
If I am only given a visa for 3 months than how are we supposed to spend 6 months together in Europe?
Posted: Fri Sep 27, 2013 12:35 pm
by flyboy
Your spouse applies for a registration certificate , if mandatory, in whichever EU country you decide on, and you for a residence card before your 3 months are up. The sooner the better of course.