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Does non eu spouse need rc before applying for eeafp

Posted: Sun Jan 08, 2012 2:43 pm
by cat_reversing
Does a non eu spouse of uk citizen, excersing eu treaty rights in eu host state, need to get a rc before applying for eeafp to come back to uk under surinder singh?

ANSWER

Posted: Sun Jan 08, 2012 4:27 pm
by nonspecifics
NO.

Posted: Sun Jan 08, 2012 11:08 pm
by cat_reversing
Thanks, is this written anywhere in the immigration rules or is it'no' by it's absence from requirements?

EEA FP

Posted: Sun Jan 08, 2012 11:22 pm
by nonspecifics
It tells you what is required, and the non-EEA having a residence card in the host nation, where the UK national is exercising treaty rights, is not listed as a requirement.

http://www.ukba.homeoffice.gov.uk/eucit ... ly-permit/

http://www.ukba.homeoffice.gov.uk/eucit ... documents/


"If the EEA national is a British citizen, you must provide evidence that:

they have been working or are self-employed in another EEA member state; and
you have been living with them in the EEA state, if you are their spouse or civil partner.

We will refuse your application if:

we find that any documents are false; you have not provided sufficient evidence that you are related to the EEA national;

you have not provided sufficient evidence (where it is required) that you are dependent on the EEA national;

you do not intend to accompany the EEA national to the UK, or to join them here;

the EEA national does not have a right of residence in the UK; or
you are involved in a 'marriage or civil partnership of convenience'. This is a marriage or civil partnership that is for immigration purposes only, with neither person planning to live with the other in a genuine and settled relationship."

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http://www.legislation.gov.uk/uksi/2006 ... on/12/made




The Immigration (European Economic Area) Regulations 2006

Issue of EEA family permit12.—(1) An entry clearance officer must issue an EEA family permit to a person who applies for one if the person is a family member of an EEA national and—(a)the EEA national—

(i)is residing in the UK in accordance with these Regulations; or

(ii)will be travelling to the United Kingdom within six months of the date of the application and will be an EEA national residing in the United Kingdom in accordance with these Regulations on arrival in the United Kingdom; and

(b)the family member will be accompanying the EEA national to the United Kingdom or joining him there and—

(i)is lawfully resident in an EEA State; or

(ii)would meet the requirements in the immigration rules (other than those relating to entry clearance) for leave to enter the United Kingdom as the family member of the EEA national or,

in the case of direct descendants or dependent direct relatives in the ascending line of his spouse or his civil partner, as the family member of his spouse or his civil partner, were the EEA national or the spouse or civil partner a person present and settled in the United Kingdom.

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http://eur-lex.europa.eu/LexUriServ/Lex ... 29:en:HTML




Article 25

General provisions concerning residence documents

1. Possession of a registration certificate as referred to in Article 8, of a document certifying permanent residence, of a certificate attesting submission of an application for a family member residence card, of a residence card or of a permanent residence card, may under no circumstances be made a precondition for the exercise of a right or the completion of an administrative formality, as entitlement to rights may be attested by any other means of proof.

Posted: Mon Jan 09, 2012 3:23 pm
by cat_reversing
Thanks for the detailed info.