Need help, EEA family permit & Residence card

driftkid · Post by **driftkid** » Wed Oct 03, 2012 4:45 pm

I have some question regarding EEA Family permit.. here is my situation...
I am a british citizen by descent, I was born in the philippines and I was never been in UK, I went to Rome, Italy to work and settle with my family, my wife is a Filippina, also my 2 kids, we all residents in Italy. Now we want to move here in UK, so I went here first to find a job,I left them in Italy for the meanwhile, then I searched some information how to get my family here with me, then I found out that I should apply for a EEA family permit, then I wrote to british embassy, they told me there will be a financial requirement... actually I found a job at a hotel, they will pay me £7 per hour, I dont know if that will be enough to sponsor my family, is there any other way to get my family here? need some help please, i need some advices from experts like you..

Post by **Lucapooka** » Wed Oct 03, 2012 7:11 pm

I would guess that your response from the British Mission in Rome was in the mistaken regard to a UK settlement visa(s) for your entire family. They would not have told you that an EEA permit application would be subject to financial tests.

driftkid · Post by **driftkid** » Wed Oct 03, 2012 7:26 pm

is that true sir? they told me about the £18,600 annual minimum salary for so that i can get my wife then it should be 25,000 if there are 2 kids with my wife

Post by **Lucapooka** » Wed Oct 03, 2012 7:31 pm

Yes, they have given the correct information for the wrong application. This will not apply to an EEA permit (Singh) application.

Post by **John** » Wed Oct 03, 2012 7:33 pm

As Lucapooka said, they are mistakenly advising you about spouse visa and child settlement visa.

But your family will be applying for EEA Family Permits. You are now employed in the UK, that is, you are exercising EU Treaty Rights as a "worker". Accordingly, based upon what you have posted, they are entitled to have those permits issued.

It makes no difference that you are British by descent, as regards the issue of the EEA Family Permits.

driftkid · Post by **driftkid** » Wed Oct 03, 2012 7:37 pm

thank you very much sir for the information, so i should apply for the EEA permit (Singh)? can you provide me link

Post by **Greenie** » Wed Oct 03, 2012 7:38 pm

The op is not required to be exercising treaty rights in the UK, given that this is the country of his nationality. Instead he needs to show he exercised treaty rights as a worker in Italy.

Post by **Obie** » Wed Oct 03, 2012 8:31 pm

Greenie wrote:The op is not required to be exercising treaty rights in the UK, given that this is the country of his nationality. Instead he needs to show he exercised treaty rights as a worker in Italy.

Agreed. Someone cannot exercise treaty rights in their home country as their residence cannot be made conditional.

However, it is a requirement that you previously exercised treaty rights in another member state. Once you have ceased working, those rights continue to have effect. One of those effect is the right for one to return to their memberstate of nationality, under condition equivalent to that which they enjoyed in the previous member state.

It is important to state that the UKBA seem to apply the views that these people qualify for right of Entry Under Regulation 11 & 13 for 3 months. After this period, they have to be a family member of a qualified person within the meaning of the regulations.

This cannot be rights in light of Eind.

driftkid · Post by **driftkid** » Thu Oct 04, 2012 2:16 pm

i'm happy to here that thank you very much guys, how about accommodations?

Post by **Jambo** » Thu Oct 04, 2012 2:40 pm

driftkid wrote:i'm happy to here that thank you very much guys, how about accommodations?

Not relevant.

I suggest you read EEA Family permits - internal guidance.

keffers · Post by **keffers** » Thu Oct 04, 2012 5:24 pm

But be careful.

Not relevant in this case but for eg at 2.9 it reads:

Extended family members must be wholly or mainly financially dependent on the EEA principal to meet his or her essential needs in order to qualify for an EEA family permit (durable partners do not need to provide evidence to show dependency on the EEA national). Emotional dependence to the EEA national would also be expected in order for an extended family member to qualify for an EEA family permit.

There is no wholly or mainly requirement under the Directive - just the need to meet essential needs.

UKBA guidance sometimes likes to mix and match.

driftkid · Post by **driftkid** » Fri Oct 05, 2012 10:21 am

they told me this "If you are already living in the UK, your family members do not qualify for the EEA Family Permit. If they want to move to the UK with you, they may apply for the Settlement visa.t."

so I should apply the permit before I settle here? Before I rent a house?What should I do? I must go back to Italy before I start working to apply my wife and children's EEA permit?

Post by **Lucapooka** » Fri Oct 05, 2012 10:23 am

How long have you been in the UK and when did you cease working in Italy?

driftkid · Post by **driftkid** » Fri Oct 05, 2012 10:28 am

I have been here for only 10 days, I will be starting to work on 15th of October, I worked in Italy last day was July 10 2012

Post by **Lucapooka** » Fri Oct 05, 2012 11:01 am

I'm not aware of a fixed threshold with regard to applying under the Singh route, but it would be better to apply as soon as possible. Perhaps others can comment on the likely time-scale within which one must apply (there must be some point at which they draw the line) but I imagine the decisions will be quite arbitrary and case-dependent.

driftkid · Post by **driftkid** » Fri Oct 05, 2012 11:48 am

so what is the best thing to do? I should go back to Italy to apply the permit before I start working?

Post by **Lucapooka** » Fri Oct 05, 2012 12:04 pm

It has already been stated (quite clearly, in fact) that you don't need to be working in the UK. You need evidence of your past rather than your present and future.

Greenie wrote:The op is not required to be exercising treaty rights in the UK, given that this is the country of his nationality. Instead he needs to show he exercised treaty rights as a worker in Italy.

If you have doubts, and it appears that you, then take professional advice - how much is your future in the UK worth to you?

driftkid · Post by **driftkid** » Fri Oct 05, 2012 12:25 pm

I'm going back to Italy next week to apply with my wife, can you help me choose what form to fill up? I'm confuse which form to download

driftkid · Post by **driftkid** » Fri Oct 05, 2012 12:41 pm

can someone help me, please give me step by step procedure, where should I apply?

Post by **Lucapooka** » Fri Oct 05, 2012 12:41 pm

You need to file 3 x application forms, one for each of your dependants.

http://www.ukba.homeoffice.gov.uk/eucit ... /applying/

driftkid · Post by **driftkid** » Fri Oct 05, 2012 1:03 pm

i'm little bit confuse..

when i cLIck APPLY ONLINE, it shows many kinds of form, EEA2 or EE4 like that, what should I choose? so whats next? I download then fill up then whats next? are there any more detailed step by step procedure? I really dont know how to do that

Post by **Lucapooka** » Fri Oct 05, 2012 1:07 pm

You need to begin your application on the webpage of the UKBA in Italy.

http://www.ukba.homeoffice.gov.uk/count ... 2979938623

Having said that, I previously said this:

Lucapooka wrote:If you have doubts, and it appears that you do, then take professional advice - how much is your future in the UK worth to you?

driftkid · Post by **driftkid** » Fri Oct 05, 2012 1:47 pm

luca, I want to get my family here because I know we have a big future here

my only problem is how to apply this thing, the link you gave me, I think its on visa application, I don't know what form I should click on... can u specify a little bit?

driftkid · Post by **driftkid** » Fri Oct 05, 2012 2:24 pm

thanks, I already figured it out

driftkid · Post by **driftkid** » Sat Oct 06, 2012 11:40 am

are they gonna accept if my documents will be translated by the Philippine embassy?
another thing my wife's passport has 45 days more before it expires, it will gonna make some problem on her application for the permit?

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Need help, EEA family permit & Residence card

Need help, EEA family permit & Residence card