Residence Card Question - EU Treaty Rights

[chursy]

Hi all

I am a british national and my wife is a non- Eu national. We are both living in Ireland for the past three years.

She currently has a resident card in dublin which is issued for 5 years. This is the EUTR visa which means she is exercising the eu treaty rights.

I will be permanently moving to UK in May and as i understand that provided she is traveling with me , she doesn't require any other visa from UK?

Ofcourse provided certain criteria are met below

http://www.legislation.gov.uk/uksi/2006 ... ion/9/made

Can someone please clarify the situation for me?



Do i still need to apply for family permit?

Thanks

[chursy]

Hi all

I am a british national and my wife is a non- Eu national. We are both living in Ireland for the past three years.

She currently has a resident card in dublin which is issued for 5 years. This is the EUTR visa which means she is exercising the eu treaty rights.

I will be permanently moving to UK in May and as i understand that provided she is traveling with me , she doesn't require any other visa from UK?

Ofcourse provided certain criteria are met below

http://www.legislation.gov.uk/uksi/2006 ... ion/9/made

Can someone please clarify the situation for me?



Do i still need to apply for family permit?

Thanks

Can you someone please clarify that will my wife be required to apply for the family permit if i am planning to head back to UK for settlement?

Also is it compulsory to apply for the residence cards once in the UK for over 6 months? or can the spouse stay byond six months?

Please i am a little confused after reading guidance on the home-office website if anyone can please clarify the situation for me

thanks

[fysicus]

Strictly speaking there is no legal requirement to apply for an EEA Family Permit (as the Irish residence card should exempt your wife from short-term visa requirements in any EU country), nor for a UK residence card once you have settled in the UK.

Having said that, I would still advise you to get these documents anyway, so that your wife can prove her status as a family member of an EEA national to anyone (immigration officers, employers, etc.) without problems.

For an overview of the UK rules and procedures, see also UK Visas

[chursy]

Strictly speaking there is no legal requirement to apply for an EEA Family Permit (as the Irish residence card should exempt your wife from short-term visa requirements in any EU country), nor for a UK residence card once you have settled in the UK.

Having said that, I would still advise you to get these documents anyway, so that your wife can prove her status as a family member of an EEA national to anyone (immigration officers, employers, etc.) without problems.

For an overview of the UK rules and procedures, see also UK Visas

Thanks for your response.

The situation I am currently in is that my job in Ireland is finishing up and I will be heading to Uk for settlement in September. Now I am thinking of applying for the family permit for my wife starting September, as I understand that this can be requested to be stamped from a date up to three months of application.

Idea is that I will look for a job in those three months and then apply for the residence card? On the contrary the guidance I have read on this board implies that since she already has an Ireland resident card or exercising eu rights she wouldn't require a family permit at all?


Can someone please clarify the situation

[Kitty]

Your other posts indicate that you are thinking of a spouse visa for your wife, and that you plan to travel abroad during May - September.

I wouls suggest that if you do go the European route then you apply for a Family Permit. It's free and it avoids having to deal with hassle at the border.

Be aware that if she comes to the UK using a Family Permit, your wife can't switch in-country to a spouse visa.

If you are planning to come to the UK together before you travel abroad, investigate applying for a spouse visa while your wife still has legal status in Ireland.

[chursy]

Your other posts indicate that you are thinking of a spouse visa for your wife, and that you plan to travel abroad during May - September.

I wouls suggest that if you do go the European route then you apply for a Family Permit. It's free and it avoids having to deal with hassle at the border.

Be aware that if she comes to the UK using a Family Permit, your wife can't switch in-country to a spouse visa.

If you are planning to come to the UK together before you travel abroad, investigate applying for a spouse visa while your wife still has legal status in Ireland.

Thanks again, yes we are planning to go abroad from may to sep.i will be going ahead with the family permit route vs spouse. I intend to get the family permit for her and perhaps travel with her in September , secure a job etc and the spot for the residence card? Does that sound ok?

Re-family permit should I say we are going to Uk for settlement or apply as if I was to visit Uk. I am just worried if I say settlement I don't have a job in Uk to backup this claim, however do have a place to stay ( family home) any thoughts or recommendations

[Directive/2004/38/EC]

She currently has a resident card in dublin which is issued for 5 years. This is the EUTR visa which means she is exercising the eu treaty rights.

What is an "EUTR visa"? Does she have what the Irish call a 4EUFam Residence Card?

Note that if you have been working in Ireland, she can apply now for a UK issued "EEA Family Permit". Be sure to indicate on the application that you (the UK citizen) have been exercising your treaty rights by working in Ireland. Do the application now and use it to travel to Belfast for a lovely day out.

When and if you decide to travel again or move to the UK in the next six months, you can enter on the EEA Family Permit that has already been issued.

Once you get to the UK and (I assume) you get a job, then she can apply for a Residence Card.

[chursy]

She currently has a resident card in dublin which is issued for 5 years. This is the EUTR visa which means she is exercising the eu treaty rights.

What is an "EUTR visa"? Does she have what the Irish call a 4EUFam Residence Card?

Note that if you have been working in Ireland, she can apply now for a UK issued "EEA Family Permit". Be sure to indicate on the application that you (the UK citizen) have been exercising your treaty rights by working in Ireland. Do the application now and use it to travel to Belfast for a lovely day out.

When and if you decide to travel again or move to the UK in the next six months, you can enter on the EEA Family Permit that has already been issued.


Once you get to the UK and (I assume) you get a job, then she can apply for a Residence Card.

I don't know the exact name of the irish visa buts it's valid for 5 years presume it's the family card for Ireland.

I will be applying for the family permit, why are you recommending to travel to Belfast ? And then later to Uk? Can I travel by road or does it have to be by air for record purposes ?

Also should I apply for the family to show that I will be traveling with my wife for visit purposes only or settlement ?

[Directive/2004/38/EC]

I was just suggesting doing the application now to get it out of the way. Nothing more. You need no evidence of entries one way or another.

You can see how easy travel is to the UK by making a fun test trip to Belfast. But that is not necessary. Just a nice place which is quite close.

You can then later use the same EEA Family Permit (without reapplying) should you decide to move back to the UK.

Or you can wait until you decide to move back to the UK and apply then. But then there is more going on and so more stress in your life already.

[chursy]

Thanks for that

The only reason I was planning to apply in April, requesting to issue the visa from July perhaps was only so that she has the visa valid for some more months that's all. As I won't be traveling to Uk until September.

Do you reckon that is going to be ok?

[Directive/2004/38/EC]

If your wife travels a lot into and out of her country of residence (Ireland now, and maybe UK later), then it may make sense to apply for the EEA family permit just before you move to the UK so that you get 6 months of uninterrupted travel options while your UK Residence Card application is processed.

But she will still have the Irish Residence Card (4EUFam) which should get her on any plane she needs to be on for at least 6 months after she leaves Ireland.

[chursy]

No she won't be traveling in and out of Uk. But u agree with you that it's best to get the fp sorted now from Ireland rather later. As I understand even if she goes over the 6 months fp while in Uk, it's not really an issue is it? Will it cause problems later on when applying for the residence card?

[Kitty]

Directive 2004/3/8EC, is there any risk at all in the OP and his wife's planning such a long trip abroad between May and September? The Regulations bringing the Surinder Singh rule into play give family member rights to a non-EEA national whose British citizen spouse was " is residing in an EEA State as a worker or self-employed person or was so residing before returning to the United Kingdom".

I note it doesn't say "immediately before", and a visit to Dubai shouldn't amount to "residence". But I wonder if there is a risk of an Immigration Officer making things difficult on this basis when they arrive in the UK?

[chursy]

Kitty I agree with you. Perhaps to keep things simple it's probably best to move to Uk in may itself. And get the family permit sorted April/may.

Long trip to dubai might not be a good option.

[Kitty]

See what other people's opinions are chursy: my concern is mainly based on IOs' apparent ignorance of EEA free movement law...

[Directive/2004/38/EC]

I did not see any reference to a trip to Dubai. Am I missing part of the conversation.

In any case, I see no problem. You are a UK citizen. If they issue your spouse a EEA family permit, it is because your spouse is covered by EU law. There is no requirement for you to be immediately resident in the UK. The visa is valid for 6 months.

The only requirement is that you will be working, or looking for work, when you come back to the UK.

You will have to be working to apply for the Residence Card.

[chursy]

Re- dubai this is coming from another post. Please ignore for now.

That sounds good. I am now going to apply for the family permit and move straight the Uk. Now is there a requirement that I must apply for the residence card after the 6 months are up, just in case I am struggling to secure a job. Also will my wife be treated as an illegal citizen provided she over stays the 6 months of the family permit in Uk ?

[Directive/2004/38/EC]

That sounds good. I am now going to apply for the family permit and move straight the Uk. Now is there a requirement that I must apply for the residence card after the 6 months are up, just in case I am struggling to secure a job. Also will my wife be treated as an illegal citizen provided she over stays the 6 months of the family permit in Uk ?

There is NO requirement that your wife EVER has to apply for a Residence Card. UKBA says it is "optional". But it makes it a LOT easier if she wants to work, or travel in/out of the UK or travel (with no visa) to the rest of the EU. So, in answer to your other question, she will not be illegal EVER, as long as she is with you and YOU are legal according to the EU rules. But a Residence Card is a very nice to have.

So moving on to YOU being legal in the UK under the EU rules. (Obviously you are always legal for yourself as you are a British citizen, but this is to be legal as a facilitator of your wife's residence): Under EU law, you (and your wife) have an initial period of residence of at least 3 months with NO conditions. You do not have to be doing anything in particular in that time. After that time you need to be working, or actively looking for work. So apply lots, keep records to demonstrate you are looking for work, and find a job soon. It does not need to be any specific sort of job. You can work 1/2 time in McDonalds, or as a full time Management Consultant. Key thing is that you are working. And as soon as you are working, apply for the Residence Card.

[Kitty]

Sorry if I confused things by referring to several posts at once...

chursy, it might be easier if you keep all your questions in one thread so people can advise you with reference to all your plans.

Thanks Directive for the clarification...

[chursy]

Directive you are seriously a guru!!! Legend!!! Thank a million all of you for the responses much appreciated!!!!

[mimine30]

hello again everyone
has anyone applyed sucessefully for a national insurance number using only COA for eea application and proof of adresse and maybe marriage certificate,while the passport is in the home office for the purpose of the application?
thank you

[86ti]

hello again everyone
has anyone applyed sucessefully for a national insurance number using only COA for eea application and proof of adresse and maybe marriage certificate,while the passport is in the home office for the purpose of the application?
thank you

Can you please refrain from multiple posts and also do not hijack threads as your question has nothing to do with this one.