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EE2, the big Question!

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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WalexK
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Joined: Wed Jul 25, 2012 10:52 am

EE2, the big Question!

Post by WalexK » Sun Feb 10, 2013 5:50 pm

Hello all, Can EEA2 be applied for after the expiration of a family permit. My Family Permit will expire on 6th of March. I lost my mother today back home in Africa that I urgently need to travel. I could only get a return ticket for 5th of March back to UK but, I need to know if possibly applying a week after my return to uk will be a risk. Will cherishely appreciate a quicky response.
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Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Sun Feb 10, 2013 8:20 pm

There is no need to ask the same question three times.

Rights (for married couple) under EEA regulations are obtained automatically. As such the HO just confirms those rights and not confer the rights. EEA2 application is optional and you don't need permission from the HO to live in the UK (assuming your spouse exercise treaty rights). Application for RC can be made at any time. If doesn't matter that your EEA FP expire.
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WalexK
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Post by WalexK » Mon Feb 11, 2013 1:08 am

Jambo wrote:There is no need to ask the same question three times.

Rights (for married couple) under EEA regulations are obtained automatically. As such the HO just confirms those rights and not confer the rights. EEA2 application is optional and you don't need permission from the HO to live in the UK (assuming your spouse exercise treaty rights). Application for RC can be made at any time. If doesn't matter that your EEA FP expire.
Thanx Jambo, Sorry for posting three times. I forgot to include that I obtained my Family Permit as the spouse of a British Citizen that have exercised her treaty right in France, (Surrinder Singh). I am working full time now in the UK and my wife is not working at the moment. Any effect of her not working on my application for the RC? as I will be applying for the RC a week after the expiration of my family permit.
Appreciation for your quick reply.
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nidaulhaque
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Joined: Tue Oct 28, 2008 1:26 am
United Kingdom

Post by nidaulhaque » Mon Feb 11, 2013 1:26 am

YES YOU WILL NOT GET RC UNTILL YOU SHOW YOUR SPOUSE EXERCISING TREATY RIGHTS, NO NEED TO APPLY IF SHE IS NOT WORKING YOU WILL BE IN TROUBLE AND YOU DONT EVEN HAVE RIGHTS TO LIVE HERE IF SHE IS NOT EXERCISING TREATY RIGHTS UNLESS YOU SELF SUFFICIENT BUT YOU NEED TO GET CSI.

KEEPING SAME POST AGAIN AND AGAIN ITS NOT FAIR!
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vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Feb 11, 2013 1:53 am

nidaulhaque wrote:YES YOU WILL NOT GET RC UNTILL YOU SHOW YOUR SPOUSE EXERCISING TREATY RIGHTS
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Feb 11, 2013 1:54 am

toni34 wrote:you need to get comprehensive health insurance for the whole family if you have a child.then she can be self sufficient based on your salary
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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Obie
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Location: UK/Ireland
Ireland

Post by Obie » Mon Feb 11, 2013 2:24 am

Please walexk stop opening multiple thread. I find it so annoying and confusing.

As your wife is a British National who is now returning to the UK, she is not required to be exercising treaty rights for you to be able to receive a residence card.

Needless to say i don't agree with the contributors that suggested she will need to.
Smooth seas do not make skilful sailors
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WalexK
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Joined: Wed Jul 25, 2012 10:52 am

Post by WalexK » Mon Feb 11, 2013 7:10 am

Obie wrote:Please walexk stop opening multiple thread. I find it so annoying and confusing.

As your wife is a British National who is now returning to the UK, she is not required to be exercising treaty rights for you to be able to receive a residence card.

Needless to say i don't agree with the contributors that suggested she will need to.
rThanks Obie, Do you mean as my wife is not working, I can apply for the RC with expired Family Permit? Please, I will appreciate your quick eply.
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WalexK
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Joined: Wed Jul 25, 2012 10:52 am

Post by WalexK » Mon Feb 11, 2013 7:12 am

nidaulhaque wrote:YES YOU WILL NOT GET RC UNTILL YOU SHOW YOUR SPOUSE EXERCISING TREATY RIGHTS, NO NEED TO APPLY IF SHE IS NOT WORKING YOU WILL BE IN TROUBLE AND YOU DONT EVEN HAVE RIGHTS TO LIVE HERE IF SHE IS NOT EXERCISING TREATY RIGHTS UNLESS YOU SELF SUFFICIENT BUT YOU NEED TO GET CSI.

KEEPING SAME POST AGAIN AND AGAIN ITS NOT FAIR!
Are you sure, Do you know the Surrinder Singh Rule?
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WalexK
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Posts: 22
Joined: Wed Jul 25, 2012 10:52 am

Post by WalexK » Mon Feb 11, 2013 7:14 am

vinny wrote:
nidaulhaque wrote:YES YOU WILL NOT GET RC UNTILL YOU SHOW YOUR SPOUSE EXERCISING TREATY RIGHTS
Any thought on this, Is he right?
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Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Mon Feb 11, 2013 7:53 am

WalexK wrote:
Jambo wrote:There is no need to ask the same question three times.

Rights (for married couple) under EEA regulations are obtained automatically. As such the HO just confirms those rights and not confer the rights. EEA2 application is optional and you don't need permission from the HO to live in the UK (assuming your spouse exercise treaty rights). Application for RC can be made at any time. If doesn't matter that your EEA FP expire.
Thanx Jambo, Sorry for posting three times. I forgot to include that I obtained my Family Permit as the spouse of a British Citizen that have exercised her treaty right in France, (Surrinder Singh). I am working full time now in the UK and my wife is not working at the moment. Any effect of her not working on my application for the RC? as I will be applying for the RC a week after the expiration of my family permit.
Appreciation for your quick reply.
What she does in the UK doesn't matter as you apply under Surinder Singh. You could have applied for RC the day you landed in the UK or any time later (or never). It doesn't matter that your FP would expire by the time you apply.

See also Q5 in EEA FAQs - Common Questions - Read before posting - Surinder Singh
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