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UK Citizen - Bangladeshi Wife - entering UK via Dublin?

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

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SSS_HHS
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Post by SSS_HHS » Tue Sep 11, 2012 7:19 am

EUsmileWEallsmile wrote:You may find it helpful to read this document.

http://eur-lex.europa.eu/LexUriServ/Lex ... FIN:EN:PDF

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Tue Sep 11, 2012 7:25 am

SSS_HHS wrote:
EUsmileWEallsmile wrote:You may find it helpful to read this document.

http://eur-lex.europa.eu/LexUriServ/Lex ... FIN:EN:PDF
Did it answer some of your questions?

Jambo
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Post by Jambo » Tue Sep 11, 2012 7:37 am

Small correction in 4 - to be eligible to enter the UK using the EEA route, you will need to exercise treaty rights as a worker. Although being a student, is considered exercising treaty rights under the directive, it is not recognised for the purpose of returning citizen.

SSS_HHS
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Post by SSS_HHS » Tue Sep 11, 2012 7:51 am

Jambo wrote:Small correction in 4 - to be eligible to enter the UK using the EEA route, you will need to exercise treaty rights as a worker. Although being a student, is considered exercising treaty rights under the directive, it is not recognised for the purpose of returning citizen.
Thank you Jambo

TBH all I am interested in doing is working. Is there anything else you think I should know?

Jambo
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Post by Jambo » Tue Sep 11, 2012 8:20 am

I think you got it all.

The only undefined part of this route is how long you need to be in Ireland before moving to the UK. The duration normally quoted here is 6 months but this not defined in the regulations/directive and there has been one report of 2.5 months.

SSS_HHS
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Post by SSS_HHS » Tue Sep 11, 2012 8:30 am

Jambo wrote:I think you got it all.

The only undefined part of this route is how long you need to be in Ireland before moving to the UK. The duration normally quoted here is 6 months but this not defined in the regulations/directive and there has been one report of 2.5 months.
I think I would rather err on the side of caution and take my time. Am I right in saying that there is a delay in getting the EA Family permit due to processing speeds?

Jambo
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Post by Jambo » Tue Sep 11, 2012 8:40 am

EEA FP from Dublin used to be very quick (a few days) but it seems that decisions are now made back in the UK. Still shouldn't take more than 2-3 weeks.

SSS_HHS
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Post by SSS_HHS » Tue Sep 11, 2012 8:42 am

Jambo wrote:EEA FP from Dublin used to be very quick (a few days) but it seems that decisions are now made back in the UK. Still shouldn't take more than 2-3 weeks.
OK thank you and worth knowing

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Sep 11, 2012 1:08 pm

Once you have worked and resided in Ireland, there is not really a need to get an EEA Family Permit before returning to the UK. It is pretty optional.

See https://dl.dropbox.com/u/27885818/UK/le ... reeEEA.pdf

SSS_HHS
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Post by SSS_HHS » Tue Sep 11, 2012 5:23 pm

Directive/2004/38/EC wrote:Once you have worked and resided in Ireland, there is not really a need to get an EEA Family Permit before returning to the UK. It is pretty optional.

See https://dl.dropbox.com/u/27885818/UK/le ... reeEEA.pdf
Thank you for that letter - it is very insightful. I also note the following quote:

"Nevertheless, it is strongly recommended that family members obtain an EEA Family Permit, which are issued free of charge, before travelling in order to facilitate their entry to the UK. "

So we would probably err on the side of caution and and get one.

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Sep 11, 2012 10:28 pm

Returning to the UK is many months or years in the future. You may find you settle and really enjoy living in Ireland.

But thinking far into the future...

A very good reason to get an EEA Family Permit is if the non-EU spouse wants to work immediately on arrival in UK.

If you feel more comfortable applying for an EEA Family Permit, then by all means apply for it!

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Post by SRAQAI » Wed Sep 12, 2012 6:38 am

SSS_HHS wrote:
Directive/2004/38/EC wrote:Note that she should be very clear, in writing, that she is the spouse of an EU citizen who she will be travelling with or joining.

Once in the host member state, The EU citizen finds a job and then the family member applies for a Residence Card.
Two questions about the registration card:

1) is this where my wife applies for it?
http://www.citizensinformation.ie/en/mo ... eland.html

2) For the purposes of coming to the UK afterwards - I believe UKBA do not accept the residence card but rather they accept the EEA Family Permit. If this is the case I do I need to apply for BOTH residence card and EEA Family Permit? If yes, how do I apply for the EEA Permit?
In answer to your second question, yes, you can apply for an EEA Family Permit from the British Embassy in Dublin. Technically though, you do not require the Family Permit in order to travel to the UK but you would need to carry evidence with you when you travel that you have been living in Ireland under the Directive and are a qualified person (i.e worker) The UK usually stamps you in the passport (your wife's) under A1 Code, if I am correct.

SSS_HHS
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Post by SSS_HHS » Wed Sep 12, 2012 10:25 am

Directive/2004/38/EC wrote:Returning to the UK is many months or years in the future. You may find you settle and really enjoy living in Ireland.

But thinking far into the future...

A very good reason to get an EEA Family Permit is if the non-EU spouse wants to work immediately on arrival in UK.

If you feel more comfortable applying for an EEA Family Permit, then by all means apply for it!
I think you are right in terms of working in Ireland. Who knows once we get a semblance of settlement - there would be no need to hurry to the UK other then prolonging any future plans for my wife to become a UK citizen.

I think the ability for my wife to work is one of the reasons why we are travelling as well. She currently works for an International Banking group in Bangladesh and wants some sort of continuation with her career path.

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Post by SSS_HHS » Wed Sep 12, 2012 10:26 am

SRAQAI wrote:
SSS_HHS wrote:
Directive/2004/38/EC wrote:Note that she should be very clear, in writing, that she is the spouse of an EU citizen who she will be travelling with or joining.

Once in the host member state, The EU citizen finds a job and then the family member applies for a Residence Card.
Two questions about the registration card:

1) is this where my wife applies for it?
http://www.citizensinformation.ie/en/mo ... eland.html

2) For the purposes of coming to the UK afterwards - I believe UKBA do not accept the residence card but rather they accept the EEA Family Permit. If this is the case I do I need to apply for BOTH residence card and EEA Family Permit? If yes, how do I apply for the EEA Permit?
In answer to your second question, yes, you can apply for an EEA Family Permit from the British Embassy in Dublin. Technically though, you do not require the Family Permit in order to travel to the UK but you would need to carry evidence with you when you travel that you have been living in Ireland under the Directive and are a qualified person (i.e worker) The UK usually stamps you in the passport (your wife's) under A1 Code, if I am correct.
OK thanks for this - worth knowing.

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