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EEA2 need to be in the UK?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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greatscott
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United Kingdom

EEA2 need to be in the UK?

Post by greatscott » Thu Feb 09, 2012 12:45 pm

Do all dependents need to be in the UK physically to apply for the RC/ EEA2 or can an EEA2 be applied for from another EU country?

Note: no need to hassle with a Family Permit- just straight to EEA2 as there is no visa requirement for entry for these non-eu dependents.

I'm in the UK but want my dependents to apply from Europe, so that we can apply now and not have to wait for the school break- possible?

Jambo
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Post by Jambo » Thu Feb 09, 2012 2:00 pm

EEA2 is in country application. If they are not in the UK, what's the point of having a RC? What are trying to achieve by applying while they are still abroad?

fysicus
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Post by fysicus » Thu Feb 09, 2012 2:03 pm

Yes, you can only apply for a Residence Card when you are in the UK. If your non-eea family members are visa nationals, they need to apply for an EEA Family Permit in the country where they are living now. If they don't need a visa, they can of course come to the UK without an EEA FP, and apply for a Residence Card straightaway after arriving in the UK.

The requirements for an EEA FP and an RC are pretty much the same, so once an EEA FP has been issued it is very unlikely that a subsequent EEA2 application will be rejected.

greatscott
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Posts: 176
Joined: Fri Jan 27, 2012 5:24 pm
United Kingdom

Post by greatscott » Thu Feb 09, 2012 6:57 pm

Thanks for the replies.

Just that I would like to get the ball rolling, but the dependent kids can only get here after end of year school in July/August....which means that if my spouse can still apply in the mean time when she arrives shortly (and submit for the absent kids photos and passports that she will bring with her), then we can start earning together much sooner until the kids arrive from 'boarding school' in July.

To wait another 5-6 months until everyone is in the country is not ideal in terms of our capacity to earn in the UK.

Also it means that my spouse has to be careful not to overstay? so she would have to go out again and return later? Costs adding up again.

Forget Family Permit- it's too much trouble and ends up costing us in 'service' fees to do biometrics.

If there is a way, it would help us more to do it this way.

Jambo
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Post by Jambo » Thu Feb 09, 2012 8:00 pm

Are you married? Married partner enjoy automatic right to reside with their EEA partner so she can't really overstay.

You can apply now for your wife's residence card and later for the children ones. It doesn't need to be all in one go. The downside is that you might need to provide your passport twice but if you also apply now for a Residence Certificate (EEA1), the HO might be satisfy with your certificate only as they have seen your passport already.

greatscott
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Posts: 176
Joined: Fri Jan 27, 2012 5:24 pm
United Kingdom

Post by greatscott » Thu Feb 09, 2012 8:09 pm

Jambo wrote:Are you married? Married partner enjoy automatic right to reside with their EEA partner so she can't really overstay.

You can apply now for your wife's residence card later for the children ones. It doesn't need to be all in one go. The downside is that you might to provide your passport twice but if you also apply now for a Residence Certificate (EEA1), the HO might be satisfy with your certificate only as they have seen your passport already.
great!
yes, married and need to apply for her NI number as soon as we get the COA or whatever its called confirming she's applied.

, so I can apply twice under the singh route? now and in August?

, Cover letter to state children's application to follow?

Jambo
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Post by Jambo » Thu Feb 09, 2012 9:04 pm

Should be fine applying twice.

BTW - are you British by decent and that is why your children are not British? I guess already know that if this is the case, then after living in the UK for 3 years (with absences less than 270 days) then can apply to register as British citizens.

greatscott
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Joined: Fri Jan 27, 2012 5:24 pm
United Kingdom

Post by greatscott » Thu Feb 09, 2012 9:33 pm

Jambo wrote:Should be fine applying twice.

BTW - are you British by decent and that is why your children are not British? I guess already know that if this is the case, then after living in the UK for 3 years (with absences less than 270 days) then can apply to register as British citizens.
No Jambo didn't know that at all, really? wow for some reason, I thought the kids had no rights to a faster route if a parent was British by Descent.

...so if they follow the Singh route as non-eu dependents, and enter the country, then 3 years to citizenship holding a RC, not 5 ?

So wife would be the normal 5, but kids only the 3, or everyone 3 ?

Can you point me to the relevant ukba docs.?

Jambo
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Post by Jambo » Thu Feb 09, 2012 10:33 pm

The path for citizenship for children is different from adult. It's also called Registration rather than Naturalisation.

As your wife is using the EEA route, she would be able to apply for BC once she is granted PR status after 5 years.

Your children could apply for registration as BC under section 3(5). See more details here. Pay attention to the absence requirements. The HO has no discretion about this.

greatscott
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Posts: 176
Joined: Fri Jan 27, 2012 5:24 pm
United Kingdom

Post by greatscott » Thu Feb 09, 2012 10:45 pm

Jambo wrote:The path for citizenship for children is different from adult. It's also called Registration rather than Naturalisation.

As your wife is using the EEA route, she would be able to apply for BC once she is granted PR status after 5 years.

Your children could apply for registration as BC under section 3(5). See more details here. Pay attention to the absence requirements. The HO has no discretion about this.
Thanks for the link.

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