Age for EEA family permit?

Angel592 · Post by **Angel592** » Fri Oct 07, 2011 5:53 pm

How old does one have to be to apply for an EEA family permit for the UK? I am 19 and my husband is 20. I'm thinking of applying for one, not sure. He's British. I'm and non European national, but an Irish resident for 12 years.

Post by **Lucapooka** » Fri Oct 07, 2011 6:12 pm

There are no age limits. It's for family members from the time they are born and upwards.

Angel592 · Post by **Angel592** » Fri Oct 07, 2011 6:18 pm

Lucapooka wrote:There are no age limits. It's for family members from the time they are born and upwards.

Thank you Lucapooka. What's the difference between EEA1, EEA2 family permits? are there any other types of family permits? I need to know which one would apply for me.
Also, we have only been married for 3 months. But we have been together for over 2 years. What proof do I need to bring about our previous relationship before marriage?

Thanks!

Post by **Lucapooka** » Fri Oct 07, 2011 6:26 pm

EEA Family permits are exclusively for people who are currently outside the UK and who wish to enter the UK with or to join their EEA family member. EEA Registration certificates (EEA1) and EEA Residence cards (EEA2) are for EEA nationals and their non-EEA family members (respectively) who are currently inside the UK and wish to apply for confirmation of their permission to reside there.

Angel592 · Post by **Angel592** » Fri Oct 07, 2011 6:47 pm

Lucapooka wrote:EEA Family permita are exclusively for people outside the UK who wish to enter the UK. EEA Registration certificates and Residence cards are for EEA nationals and their non-EEA family members (respectively) who are inside the UK and wish to apply for confirmation of their permission to reside there.

Oh right thank you!

Also I've been reading in the UKBA page and didn't understand what they really meant:

However, a non-EEA family member of a British citizen living abroad can apply for an EEA family permit to join the British citizen on their return to the UK if:

the British citizen has been living in an EEA member state as a worker or self-employed person;
and
the family member, if they are the British citizen's spouse or civil partner, has been living together with the British citizen in the EEA country.

Does that mean that me and my husband had to have been living together before? Because we aren't living together and haven't been living together, I've only been visiting him since we got married 3 months ago on a general visa.
Also he's not employed. However, I am self sufficient myself and I've got savings in my account. Is that okay?

Post by **Lucapooka** » Fri Oct 07, 2011 6:49 pm

If you husband is British (and has no other EEA nationality) and is not currently living with you in another EEA State (other than the UK) then you are not eligible to follow the EEA rules for living in the UK. You would have to follow the UK immigration rules.

Angel592 · Post by **Angel592** » Fri Oct 07, 2011 6:59 pm

Lucapooka wrote:If you husband is British (and has no other EEA nationality) and is not currently living with you in another EEA State (other than the UK) then you are not eligible to follow the EEA rules for living in the UK. You would have to follow the UK immigration rules.

Thank you now I understand

I guess I'll have to stick to applying for visitor visas for now until I get my Irish citizenship

also, I have a question. I posted it on this other post but no one gave me the answer I wanted. I was wondering if you could please help me

I'm thinking of applying for a family visitor visa (my first one!)
I've already applied for 3 general visa's all approved in the past
I've been told because of the fact I've got a British husband, I need to show strong ties to Ireland. Isn't the fact that I've got parents and 5 siblings in Ireland enough? I'm also dependant on my father as I'm unemployed (on a gap year) and living with him. What proof do I need?

Post by **Lucapooka** » Fri Oct 07, 2011 7:09 pm

With regard to family ties, parents and siblings alone are not sufficient now that you have a husband that is living in the UK. Your intention to leave the UK after any visit will be compromised by the residence there of a husband who does not intend to leave the UK to live with you in Ireland. Your strong ties will include any reason that keeps you in Ireland and prevents you from settling in the UK with your partner. That could be work or study that demands you be in Ireland, or some other family commitment that means you have to remain there. Anything that will motivate your return rather than simply staying in the UK with your husband.

Angel592 · Post by **Angel592** » Fri Oct 07, 2011 7:15 pm

Lucapooka wrote:With regard to family ties, parents and siblings are alone not sufficient now that you have a husband that is living in the UK. Your intention to leave the UK after any visit will be compromised by the residence there of a husband who does not intend to leave the UK to live with you in Ireland. Your strong ties will include any reason that keeps you in Ireland and prevents you from settling in the UK with your partner. That could be work or study that demands you be in Ireland, or some other family commitment that means you have to remain there. Anything that will motivate your return rather than simply staying in the UK with your husband.

I will be applying for university next month. But I won't be starting until the new year. Also, I was in a car accident and I will be going for an MRI scan here in Ireland whenever I get my appointment letter. Would a university application for 2012 or hospital appointment letter be sufficient enough? Also, I have an application for Irish citizenship being processed. Is that a strong tie?

Post by **Lucapooka** » Fri Oct 07, 2011 7:16 pm

I can't say with certainty. These decisions can be very arbitrary. If your husband in not currently working why doesn't he go to Ireland for a period and exercise a treaty right, and then you can apply to enter and remain in the UK under the Surindar Singh ruling.

Angel592 · Post by **Angel592** » Fri Oct 07, 2011 7:20 pm

Lucapooka wrote:I can't say with certainty. These decisions can be very arbitrary. If your husband in not currently working why doesn't he go to Ireland for a period and exercise a treaty right, and then you can apply to enter and remain in the UK under the Surindar Singh ruling.

How long would he have to work in Ireland? And what is the Surinder Singh ruling?

Post by **Lucapooka** » Fri Oct 07, 2011 7:28 pm

You can google ECJ Surindar Singh for more detailed information. It's aECJ ruling that allows British citizens to bring their non-EEA partners to the UK under EEA immigration rules (rather than UK rules) if they have lived and exercised treaty rights in another EEA state immediately before they return to the UK. The actual time-frame in not tangible but six months should be more than sufficient.

Angel592 · Post by **Angel592** » Sat Oct 08, 2011 2:40 pm

Lucapooka wrote:You can google ECJ Surindar Singh for more detailed information. It's aECJ ruling that allows British citizens to bring their non-EEA partners to the UK under EEA immigration rules (rather than UK rules) if they have lived and exercised treaty rights in another EEA state immediately before they return to the UK. The actual time-frame in not tangible but six months should be more than sufficient.

Thank you for your help

Angel592 · Post by **Angel592** » Sun Oct 09, 2011 2:10 pm

Lucapooka wrote:With regard to family ties, parents and siblings alone are not sufficient now that you have a husband that is living in the UK. Your intention to leave the UK after any visit will be compromised by the residence there of a husband who does not intend to leave the UK to live with you in Ireland. Your strong ties will include any reason that keeps you in Ireland and prevents you from settling in the UK with your partner. That could be work or study that demands you be in Ireland, or some other family commitment that means you have to remain there. Anything that will motivate your return rather than simply staying in the UK with your husband.

But now that I'm thinking about it again, I got married in England in August to my husband, and then my permission to remain expired in September the month after, so if I wanted to overstay, I could've done that, but I didn't, I actually came back home and haven't seen my husband since September, I came back home so I can apply for another visa.. wouldn't they see that surely? I don't intend to overstay ever, I am law abiding, n if I wasn't I could've overstayed when my visa expired in September??

Post by **geriatrix** » Sun Oct 09, 2011 5:05 pm

Because you did not overstay during your last visit last time (or during other visits in the past) doesn't necessarily mean that you may not / cannot / will not overstay the next time (or during any future visits).

Now that you are married to a person who is a British national resident in the UK, the onus is on you to convince the ECO that you will return to Ireland and not remain in the UK (with your husband) beyond the duration of your visit visa.

Do you have a job to go back to?
Are you currently studying in Ireland?

So, how will a ECO be convinced that a person married to British national (resident in UK) does not intend to live with the spouse (in UK) but wishes / intends to return to Ireland to his/her parents.

MRI appointment? You can call from UK and get it cancelled.
Admission in 2012? You can withdraw your name after you are granted a UK visa.

The last time you applied for visa, did you mention your intention to marry in the UK? Or was the purpose mentioned as "visit" though you had plans to get married?

Imagine the ECO asking these questions when assessing your application!

Angel592 · Post by **Angel592** » Sun Oct 09, 2011 7:41 pm

sushdmehta wrote:Because you did not overstay during your last visit last time (or during other visits in the past) doesn't necessarily mean that you may not / cannot / will not overstay the next time (or during any future visits).

Now that you are married to a person who is a British national resident in the UK, the onus is on you to convince the ECO that you will return to Ireland and not remain in the UK (with your husband) beyond the duration of your visit visa.

Do you have a job to go back to?
Are you currently studying in Ireland?

So, how will a ECO be convinced that a person married to British national (resident in UK) does not intend to live with the spouse (in UK) but wishes / intends to return to Ireland to his/her parents.

MRI appointment? You can call from UK and get it cancelled.
Admission in 2012? You can withdraw your name after you are granted a UK visa.

The last time you applied for visa, did you mention your intention to marry in the UK? Or was the purpose mentioned as "visit" though you had plans to get married?

Imagine the ECO asking these questions when assessing your application!

No because I got my visa in March, it was a tourist visa and I said I was going to visit some friends and that I will be staying at my husband's place (he wasn't my husband then!) .. but then few months went buy, we went on a summer holiday together outside UK, and then he proposed n wanted to get married.. my UK visa was still valid at the time, so we went bk to UK and decided to get married and we got married in August a month before my permission expired.. I never planned for it before I applied for visa. Anways, I was on a tourist visa and the new law about the certificate of approval being abolished was abolished in April, so before I got married, I didn't even know about it.

I don't have any other strong ties unfortunately.. I guess I'm just stuck here for now

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Age for EEA family permit?

Age for EEA family permit?