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EEA Family Permit for non-EEA in-laws?

Posted: Wed Jul 06, 2011 8:31 pm
by Ella400
Hi there,

I am a UK Citizen with a non-EEA husband. We are both living together in the UK.

As I was exercising my treaty rights in Ireland for 6months+ my husband was able to apply for and was granted an EEA family permit to join me when we decided to return to the UK in February of this year.

My Husband and I are both in full time employment, and his 5-year family permit (not required for him to remain, but convenient) is currently being processed.

My husbands parents and brother would now like to visit us and I was wondering if we could do this under EU law? (i.e. have them apply for EEA family permits).

I ask because although I am a UK citizen, I was wondering if I am now considered a EU citizen in terms of immigration rules? Because my husbands permit is issued under EU law on the basis that I am an EU citizen returning to the UK, and, as we entered the country under EU law, he cannot apply for anything under the UK immigration rules.

Any advice would be much appreciated!

Re: EEA Family Permit for non-EEA in-laws?

Posted: Thu Jul 07, 2011 1:00 pm
by Godott
Ella400 wrote:Hi there,

I am a UK Citizen with a non-EEA husband. We are both living together in the UK.

As I was exercising my treaty rights in Ireland for 6months+ my husband was able to apply for and was granted an EEA family permit to join me when we decided to return to the UK in February of this year.

My Husband and I are both in full time employment, and his 5-year family permit (not required for him to remain, but convenient) is currently being processed.

My husbands parents and brother would now like to visit us and I was wondering if we could do this under EU law? (i.e. have them apply for EEA family permits).

I ask because although I am a UK citizen, I was wondering if I am now considered a EU citizen in terms of immigration rules? Because my husbands permit is issued under EU law on the basis that I am an EU citizen returning to the UK, and, as we entered the country under EU law, he cannot apply for anything under the UK immigration rules.

Any advice would be much appreciated!
IF they are coming to UK as tourists, why not applying for Tourist / C -visa of 6 months validation?
Family permit is different type of visa, and refers to settlement in the UK.

Posted: Thu Jul 07, 2011 1:04 pm
by Ella400
It is an option - to apply for a UK visitors Visa, but the requirements are greater than the EEA route. And as them visiting could become a regular thing, it could become costly.

Posted: Thu Jul 07, 2011 1:11 pm
by Godott
Ella400 wrote:It is an option - to apply for a UK visitors Visa, but the requirements are greater than the EEA route. And as them visiting could become a regular thing, it could become costly.
That is not right. I was coming here as a tourist many times to visit my mother who is British, and all you have to prove is that you have a job or your studies in order to return back to your domicile country. IF they are jobless, then it might be a problem as they might stay here and claim settlement.
But , on the other hand to obtain Family Permit for family of your Non-EU husband will be even harder than applying for Tourist visa under UK law, as they must be depending on you either in financial or medical way.

Posted: Thu Jul 07, 2011 1:15 pm
by Ella400
Only my father in law works and he is self employed.

Is there any other option other than UK family visitor visa?

Posted: Thu Jul 07, 2011 1:24 pm
by 86ti
Just to clarify: the EEA family permit is not a visa.

I think the reason why your husband could make use of the EEA route is because you were living together in Ireland while you were exercising your treaty rights. I am unsure you could extend this now to other family members if they have not lived with you in Ireland (have they?). In any case you would have to demonstrate dependency and the bar is higher for the brother.