Immigrationboards.com

Posted: **Fri Dec 19, 2014 5:18 pm**

Hello. Many many thanks for the help in this forum. I have two small and one big question.

I (UK National) have a non-EU (Japanese) Spouse living with me in Spain, and she has a spouse-of-EU residents card here: I know I can bring her into the UK and get her some kind of resident’s card – but

a) This is automatically granted at immigration right?
b) It is for six months, yes?
c) how do I renew it once the [six month] time is up?

Thanks again.

p.s. d) also wondering how the new ruling changes all this – will it now be easier in some way?

Posted: **Fri Dec 19, 2014 6:08 pm**

Did you read the link posted? You will need to apply for family permit valid for 6 months, when in UK, you will need to apply for EEA2 valid for 5 years, on expiry your partner may have automatically acquired permanent residence if he or she has not broken residence in the UK.

Posted: **Fri Dec 19, 2014 6:17 pm**

Thanks, yes I did read the link, just not sure of a) when I can get EEA Family Permit (when in the UK? What will they do at immigration?) and the link between EEA Family Permit and EEA2 (once my wife has Family Permit does she automatically get five years residents card for UK?)

Posted: **Fri Dec 19, 2014 7:50 pm**

https://www.gov.uk/government/publicati ... rmit-eun02

Posted: **Fri Dec 19, 2014 8:02 pm**

Thanks. Doesn’t answer my questions though.

Posted: **Fri Dec 19, 2014 8:08 pm**

biblapmcdantope wrote:Hello. Many many thanks for the help in this forum. I have two small and one big question.

I (UK National) have a non-EU (Japanese) Spouse living with me in Spain, and she has a spouse-of-EU residents card here: I know I can bring her into the UK and get her some kind of resident’s card – but

a) This is automatically granted at immigration right? IT CAN BE IF YOU DECIDE TO TRY TO GET WHAT IS KNOWN AS 'CODE 1A' AT THE BORDER WHEN YOU CROSS. IF YOU DON'T ASK YOU WON'T GET IT. THEY TRY TO BE AWKWARD ABOUT GIVING OUT THIS STAMP THOUGH. YOU CAN ALSO HAVE YOUR WIFE APPLY FOR AN EEA FP AT THE UK EMBASSY IN SPAIN.
b) It is for six months, yes? YES
c) how do I renew it once the [six month] time is up? YOU DON'T RENEW IT. YOU CAN'T GET AN EEA FP INSIDE THE UK AND WON'T GET ANOTHER CODE 1A IF YOU DON'T PASS THROUGH IMMIGRATION AGAIN. WHAT YOU WOULD DO, HOWEVER, IS GET A RESIDENCE CARD ON FORM EEA2.

Thanks again.

p.s. d) also wondering how the new ruling changes all this – will it now be easier in some way?

NO-ONE KNOWS YET. THE UK HASN'T YET PUT THE RULING INTO PRACTICE.

Posted: **Fri Dec 19, 2014 8:12 pm**

biblapmcdantope wrote:Thanks, yes I did read the link, just not sure of a) when I can get EEA Family Permit (when in the UK? What will they do at immigration?) YOU GET IT BEFORE ENTRY TO THE UK. THIS IS MENTIONED ON THE HOME OFFICE WEBSITE WHICH DEALS WITH EEA FP APPLICATIONS IN THE LINK THAT DALEBUTT GAVE YOU ABOVE.

and the link between EEA Family Permit and EEA2 (once my wife has Family Permit does she automatically get five years residents card for UK?)

YOU GET THE EEA FP FOR ENTRY TO THE UK AND THEN EEA2 (RESIDENCE CARD; RC) IS FOR WHEN SHE IS ACTUALLY HERE. YOU, AS YOU ARE FOLLOWING SURINDER SINGH, CAN HAVE HER APPLY FOR AN RC ON FORM EEA2 AS SOON AS YOU ARRIVE IN THE UK, AS THERE IS NO REQURIEMENT FOR YOU TO BE A QUALIFIED PERSON ON ARRIVAL.

I am not shouting with the capital letters, I find that this is the easiest way to reply to your questions - I think it keeps things tidy.

Posted: **Fri Dec 19, 2014 8:14 pm**

If you perused the link, you will note that it contains all the information you need to do a Surinder Singh, the answers to the questions can be found there.

Posted: **Fri Dec 19, 2014 8:55 pm**

OKAY!!!!

Thanks everyone. Happy days. God (or Allah?) bless Surinder Singh!

Posted: **Mon Dec 29, 2014 12:26 pm**

HI – Another question – can my wife still apply through the Surinder Singh route, even if she doesn’t have an EU resident’s card (I – British EU citizen – have one (for Spain))?

Posted: **Mon Dec 29, 2014 1:53 pm**

biblapmcdantope wrote:HI – Another question – can my wife still apply through the Surinder Singh route, even if she doesn’t have an EU resident’s card (I – British EU citizen – have one (for Spain))?

Sure. Having the EU residence card isn't a requirement for SS but it definitely does help. Can't she get one?

The most important things are that you have worked in the EU country/your wife has lived there with you and can prove this (e.g. bank statements/gas bill etc).

Posted: **Mon Dec 29, 2014 4:52 pm**

Posted: **Tue Dec 30, 2014 11:13 am**

chaoclive wrote:Sure. Having the EU residence card isn't a requirement for SS but it definitely does help. Can't she get one?

The most important things are that you have worked in the EU country/your wife has lived there with you and can prove this (e.g. bank statements/gas bill etc).

That’s great news. How long do I have to have worked in the EU country do you think? The website says ‘self-employed’ is enough. I’ve been looking after a farm, for my board, for two months – do you think I can get away with that?

Posted: **Thu Jan 01, 2015 9:02 pm**

Sorry to bother you all – but any idea about my last question?

Posted: **Fri Jan 02, 2015 8:18 am**

Hello again,

Please can anyone help w/ advice on how to get EEA for my wife? Here are the facts.

I am living in Spain with my non-EU wife (Japanese).
I have EU residents’ card.
She will probably be able to get EU residents’ card, but they are being difficult and time is running out.
I am not working here, nor am I self employed. We are looking after a farm.
We are both ‘empadronado’, which means registered with town-hall – no other bills, utilities or anything else.
We have been here for two months, will be staying for longer if she gets her card.

What are our chances of getting EEA? How can we do this via Surindher Singh? Or do we have a hope-in-hell of the new ECJ ruling coming to our aid?

Thanks for all the help on here.

Posted: **Fri Jan 02, 2015 3:43 pm**

Hiya,

You need to define what "looking after" means.
The rule is you should have been in renumerated employment and in my world "looking after" does not sounds as you have been recieving salery or can prove you have been employed with pay slips.

How long time is up for debate as UK previously requested 6 months but lately changed the goal posts with the circle of life rule. I.e you must have effectively moved your life to another EEA country and be able to support that fact with documentation.
However, there is a EUJ ruling that states a minimum of 13 weeks as I suppose the first 12 weeks is the time one is allowed to stay in any EEA country without having to be employed or study. The clock starts ticking when you no longer is considered tourist but resident which is no later than 12 weeks.

I suggest you check out the Singh links available on the web.

Regards,
Eldanes

Posted: **Fri Jan 02, 2015 8:10 pm**

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