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EEA Family permit
Posted: Thu Dec 05, 2013 10:40 am
by euroguys
Can a Family permit be applied for from within the UK? I notice on the UKBA page on family members it says that although a application for a residence card is not a requirement if the family member leaves the UK they will normally need a family permit to guarantee re-entry having twice obtained a 1a Im interested in exploring this avenue since
1 Its free
2 Comes with what would then be an in country appeal if denied
Would if appealed and won set a precedent for acceptance for further applications and p.r. down the road
3 Would create an evidential chain for damages if any further apps where not immediately issued
4 Always be an accelerated process rather than the current nonsense with EEA2 apps
5Always be proving a right to work
any thoughts?
Posted: Thu Dec 05, 2013 11:24 am
by Jambo
EEA Family Permit is an Entry Clearance and can only be applied from outside the UK.
It's free but there is costs associated with getting to the consulate etc which would probably be more than £55 the RC costs if you need to do it every 6 months.
Just apply using EEA2. It is not so terrible as you might think.
Posted: Thu Dec 05, 2013 3:16 pm
by euroguys
Thanks for your reply Jambo however as you will be aware exact words in law are very important especially due to the consistent abuse by the H.O. that we read about here all the time.
I am exploring what
is possible under the rules " No applications will be considered by a UK visa issuing post" is a quote from ukba web site regarding asylum applications therefor it is reasonable to conclude that such posts exist in the UK
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Also on UKBA
Do you need to apply?
You do not need to obtain documents confirming your right of residence in the UK if you are a family member of an EEA national.
However, you may be inconvenienced if you do not obtain this confirmation, as:
if you leave the UK, you will usually need to obtain an EEA family permit before returning here, in order to guarantee readmission as the family member of a qualified EEA national; and
http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/
So this would imply (or at least is worth discussing) that if your family member has elected
not to apply but wishes to travel with there spouse who would be exercising free movement rights in order not to be inconvenienced they could apply in country for a family permit.
Do you have any links where it states this is not so? and under what directive
Posted: Thu Dec 05, 2013 6:16 pm
by Jambo
UK visa issuing posts only exist abroad. This is also what the asylum statement says - you can't make an application at a UK visa issuing post (which are located abroad). It can only be made in country.
The second quote just means that if you wish to re-enter you may wish to apply for EEA Family Permit abroad before you return (although as you fully are aware the statement on the website is not accurate as Family Permit is not mandatory and you can enter on Code 1A).
Posted: Fri Dec 06, 2013 11:42 pm
by Jambo
You won't find a statement that says Family Permit can't be applied in country simply because it is obvious it can't be done. Just think of it as a visitor visa. You can't apply for one from within the UK. It needs to be done in a consulate abroad.
With the recent announcement about the amendments in the Regulations, I suggest you apply for EEA2 before January. That way even if you get refused, you can appeal and still benefit from the transitional arrangements and the more relaxed regulations (unless you lived several years abroad and in that case, you probably not worried too much by the changes).
eea family permit - parents
Posted: Sun Dec 08, 2013 12:31 pm
by max harrison
Good afternoon!
When i entered uk i was only student visa last 2007... last 2009 i was granted my RESIDENCE CARD(EEA2) of a family member of an EEA national .From then to present im working in a nursing home.
Since i got my EEA2, I asked my hungarian girlfriend to stop working.
I was planning to apply my parents under EEA FAMILY PERMIT.
is there any problem since my hungarian girlfriend is NOT WORKING?
Thanks in advice guys!!!!
Posted: Sun Dec 08, 2013 12:48 pm
by vinny
max harrison, please
continue in previous
thread.