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Family Visa EEA - Can you work away from marital home??

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Speedyrabbit
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Family Visa EEA - Can you work away from marital home??

Post by Speedyrabbit » Thu Aug 20, 2009 1:14 pm

A friend of mine who is Turkish married a Northern Irish woman and he is appling for a EEA Family Visa. He has been looking for a job in Northern Ireland but cant find one as his English isnt that great.
He has family in England and he can have a job with them but it would mean working away from home for most of time and coming back say once a month to visit his wife.
Would he be allowed to do this given the current climate in that its difficult to find jobs at the moment?

Also when can he apply for ILR if he gets his visa?

Thank you in advance for any help recieved. :)

UKBAbble
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Location: Berkshire

Post by UKBAbble » Thu Aug 20, 2009 2:05 pm

I would have thought that unles she has applied for and obtained Irish citizenship his application would not succeed.

Speedyrabbit
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Post by Speedyrabbit » Thu Aug 20, 2009 2:12 pm

She has both a UK passport and an Irish passport. But Northern Ireland is part of the UK.

Wanderer
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Ireland

Post by Wanderer » Thu Aug 20, 2009 2:31 pm

NI folks are automatically UK and Irish Citizens, I would venture that a passport is only a travel document but I would agree proof is better served by having one.
An chéad stad eile Stáisiún Uí Chonghaile....

Mr Rusty
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Post by Mr Rusty » Thu Aug 20, 2009 3:02 pm

Wanderer wrote:NI folks are automatically UK and Irish Citizens, I would venture that a passport is only a travel document but I would agree proof is better served by having one.
Only on production of an Irish passport by the sponsor would an EEA Family Permit application be considered.

But the issue is whether the Turkish national qualifies for a family permit if effectively he's not going to live with his wife. I suspect the ECO would say not, because the EEA regulations require that:-
"the family member will be accompanying the EEA national to the United Kingdom or joining him there"
It's difficult to believe that the reg means that having accompanied the spouse to the UK or joined him/her there, the "family member" can shove off and live with his own family for extended periods. Such a scenario would also invoke the accusation that it's a marriage of convenience, but that would also depend on how long they've been married and how much time they've previously spent together elsewhere.

Speedyrabbit
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Post by Speedyrabbit » Thu Aug 20, 2009 3:58 pm

Ok so working away wont be an option.

Does anyone know how long it will be before he can apply for ILR?

Ta

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