ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Eea family permit

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Locked
shanade
Newly Registered
Posts: 10
Joined: Sat Oct 30, 2010 12:11 pm
Location: london

Eea family permit

Post by shanade » Tue Nov 23, 2010 7:19 pm

My apologies if this post is rather long.

My situation is as follows:

I am born in the UK of an irish father and an english mother.
My husband is egyptian and lived with me (as an overstayer on a British tourist visa issued in Stockholm) in London for almost five years.

My husband is currently in Egypt, and the UK spouse visa would most certainly be refused on the grounds of amongst other issues, that he overstayed for such a long duration.

I hold an irish passport for the last five years and am registered on the electoral register as irish
nationality.

I am continually receiving contradictory advice from all different solicitors.

Some say I can apply for eea family member on the grounds that I count as an Irish citizen exercising treaty rights in the UK,

Other solicitors say that I would not be able to benefit from the eea family member law, as I am born and lived in the UK all my life, and so have not come to the Uk from another member state eg: Ireland.

I read somewhere on this site that the McCarthey case went wrong due to the fact that Ms McCathey did not FIRSTLY apply for her own residence card, before applying for a family permit for her spouse.

My question is, if I managed to receive a residence card for myself, listing myself as an irish citizen living and working in the UK, would I then be automatically able to apply for a family permit?

Also I am only recently employed and prior to that I was in receipt of benefits for a long duration on medical grounds, would that mean that I cannot register myself as an eea national?

As I have read somewhere that you should have been in either full time education or employment for the last five years in order to be granted a residence card.

Any help and insight much appreciated, failing that I am leaning towards the surrinder singh route, which will be extremely difficult with relocating and such.
_________________

Plum70
Diamond Member
Posts: 1363
Joined: Thu May 22, 2008 11:07 am

Post by Plum70 » Tue Nov 23, 2010 7:28 pm

As an Irish national living and working in the UK you are a EEA national exercising treaty rights. As a result of your status you can bring your non-EEA spouse to the UK under EU rules, and this means that your husband can apply for a EEA Family Permit in Egypt.

Once in the UK your husband can apply to the UKBA for confirmation of his rights of residence using form EEA2. You do not need to register with the UKBA as a EEA national for your husband to to benefit from the EU Directive.

Locked
cron