NON-EEA family permit

Sahand · Post by **Sahand** » Wed Feb 20, 2008 5:17 pm

Hi, anyone can help me please?

I am non-EEA family permit in the UK, I been living in the UK from August 2000 as asylum seeker (Failed), till I got married in April 2004 with a Portuguese citizen, my wife has been living here from March 2001. Together we got residence permit & residence document in June 2005.

We have both working and studying since we arrived this country! Now I donâ€™t understand how and when to apply for Permanent Residence! Am I entitled to apply now? When exactly? How about my wife? When can she apply? Please someone help me, as I am very confused between 2000 / 2006 Regulations. Thank you very much.

Post by **Directive/2004/38/EC** » Thu Feb 21, 2008 10:28 pm

2006 regulations are all that matter at this point.

You can apply 5 years after you married. Your wife can apply 5 years after she arrived here. Neither of you are *required* to apply for it.

Sahand · Post by **Sahand** » Tue Feb 26, 2008 11:32 am

Thank you Directive, useful info. that means i can apply in 2009 April cos I got married in 2004 April

cheers

Post by **John** » Tue Feb 26, 2008 11:37 am

2006 regulations are all that matter at this point.

Is that right? Under the terms of the previous arrangements I don't see how Sahand was exercising EU Treaty Rights in the UK until June 2005. So doesn't the 5th anniversary come round in June 2010?

Totally possible I have missed an obvious point.

Post by **Directive/2004/38/EC** » Tue Feb 26, 2008 1:15 pm

The person exercising treaty rights is always the EU citizen. That is his wife.

The non-EU citizen, Sahand, has been considered family of an EU citizen at least since they got married (possibly before if they were already living together). Sahandâ€™s application will be at 5 years from their marriage (though could in some cases be earlier).

Sahand · Post by **Sahand** » Tue Feb 26, 2008 10:15 pm

Yes we were living together one year before our marriage (we have address proof), so do you think that I can apply it now? I am very grateful for the help. Thank you

Post by **Directive/2004/38/EC** » Wed Feb 27, 2008 5:38 am

You could possibly apply early, though I would suspect it is not worth it.

Can I ask why you want to do it as early as possble?

Sahand · Post by **Sahand** » Sat Mar 01, 2008 10:55 am

I've been living here for 8 years without any right to travel, am Iraqi-Kurdish and can't get Iraqi G passport, i haven't seen my family for 10 years back home, also I and my wife never met each other's family, she is originally from east-timore.

I can apply for British citizen after one year pass on my Permanent and see my mum & dad again before they die as they are old now!! (no one can feel what I do).

Also for slave one minute is equal to one year, i want to get out of this slavery as soon as possible and be able to travel and have some holiday with my wife, after a long painful life we need little rest. thanks

Post by **Directive/2004/38/EC** » Sat Mar 01, 2008 5:06 pm

Please tell me again your wife's history in the UK. She arrived in 2001. Has she been working since then? Though she does not need to, has she applied for permanent residence?

Sahand · Post by **Sahand** » Sat Mar 01, 2008 10:50 pm

Originally from east-timor but as a holder of Portuguese citizenship she has not got any problem at all. Does she need to apply for permanent in order to apply for my permanent?

This is our history in the UK:
Arrived UK: me in 2000 (as asylum seeker), she in 2001 (as Portuguese).
Lived together: From 2003.
Marriage: April 2004.
Residency: residence permit for her & residence document for me in June 2005.
Work: me from 2003 to present, she from 2004 part-time and from 2006 full-time to present.
Study: both from 2001-2004, I am candidate for Master MA in Sep 2008.

Hope this help, thank you

Post by **JAJ** » Sun Mar 02, 2008 12:14 am

Sahand wrote:Originally from east-timor but as a holder of Portuguese citizenship she has not got any problem at all. Does she need to apply for permanent in order to apply for my permanent?

This is our history in the UK:
Arrived UK: me in 2000 (as asylum seeker), she in 2001 (as Portuguese).
Lived together: From 2003.
Marriage: April 2004.
Residency: residence permit for her & residence document for me in June 2005.
Work: me from 2003 to present, she from 2004 part-time and from 2006 full-time to present.
Study: both from 2001-2004, I am candidate for Master MA in Sep 2008.

Hope this help, thank you

Did she arrive in the United Kingdom as a Portuguese citizen? Also, when in 2001 did she arrive?

Sahand · Post by **Sahand** » Sun Mar 02, 2008 9:40 am

Yes, Feb 2001

Post by **John** » Sun Mar 02, 2008 9:58 am

Useful information. But after she arrived in February 2001, what did she do? The technical question is, in what way did she exercise her EU Treaty Rights?

You have told us that from 2004 she has been working, but prior to that? She was a student? Or what was she going?

Trying to work out if she automatically got PR status when the new EU legislation came into force on 30.04.06?

Post by **JAJ** » Sun Mar 02, 2008 3:19 pm

John wrote:Useful information. But after she arrived in February 2001, what did she do? The technical question is, in what way did she exercise her EU Treaty Rights?

You have told us that from 2004 she has been working, but prior to that? She was a student? Or what was she going?

Trying to work out if she automatically got PR status when the new EU legislation came into force on 30.04.06?

The OP says both of them were studying from 2001-04.

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