EEA family permit

[lebdo]

Hi all,
I am wondering if this might work in terms of EEA family permit and extension.
I am Turkish and and my girlfriend is Danish. She is offered a place in a university in London. We are planning to get married but, she is the EEA citizen with not much funds - a couple of thousands of pounds -. We are not in the UK at the moment (left around 6 months ago because I have breached my UK visa conditions ) anyway. So we think we can apply for an initial family permit to enter the UK but as I as said before, funds are the problem. so here is the question. is it possible for a EEA national to come to UK with her husband to start a business together? she will be student as well as being part of the business and the non-eea (that's me) part of the family takes care of the family business - which is software constantancy - and we can extend our family permit for another 5 years?
thanks for reading and all the best

[noajthan]

Hi all,
I am wondering if this might work in terms of EEA family permit and extension.
I am Turkish and and my girlfriend is Danish. She is offered a place in a university in London. We are planning to get married but, she is the EEA citizen with not much funds - a couple of thousands of pounds -. We are not in the UK at the moment (left around 6 months ago because I have breached my UK visa conditions ) anyway. So we think we can apply for an initial family permit to enter the UK but as I as said before, funds are the problem. so here is the question. is it possible for a EEA national to come to UK with her husband to start a business together? she will be student as well as being part of the business and the non-eea (that's me) part of the family takes care of the family business - which is software constantancy - and we can extend our family permit for another 5 years?
thanks for reading and all the best

Yes you can try that.
Enter UK with FP.

You then have a 3 months grace period in UK to get settled in.

EEA sponsor needs to be exercsing treaty rights after 3 months, if not before.
As a student that means holding CSI cover (for both of you).
(Your activity in UK, in immigration terms, will be immaterial).

Apply for a FM RC in UK (not another FP).
After 5 years you may both have acquired PR and can think about ambitions of citizenship; holy grail of passport etc;
- that is, assuming no Brexit.

Good luck.

[eniseg]

The CSI for both is for AFTER you have the Family Permit, though. As far as I understand.

The truth is, David Cameron's "deal with the EU" to prevent Brexit will likely have an unknown effect on EEA Family Permits, even if it is a Bremain:
"The Commission will adopt a proposal to exclude from the scope of free movement rights, “third country nationals who had no prior lawful residence in a member state before marrying a union citizen or who marry a union citizen only after the union citizen has established residence in the host Member State”."
http://www.telegraph.co.uk/news/2016/05 ... ually-got/

So if you did not previously live together in EU, you may not be called a sham marriage...

[Casa]

The CSI for both is for AFTER you have the Family Permit, though. As far as I understand.

The truth is, David Cameron's "deal with the EU" to prevent Brexit will likely have an unknown effect on EEA Family Permits, even if it is a Bremain:
"The Commission will adopt a proposal to exclude from the scope of free movement rights, “third country nationals who had no prior lawful residence in a member state before marrying a union citizen or who marry a union citizen only after the union citizen has established residence in the host Member State”."
http://www.telegraph.co.uk/news/2016/05 ... ually-got/

So if you did not previously live together in EU, you may not be called a sham marriage...

My understanding is that this proposal refers to the Surinder Singh route.

[eniseg]

I don't know! I'd be extremely happy if this were for SS because it would help us. We are not the SS case. But I don't know if we can be certain it's SS only yet...

[Richard W]

The CSI for both is for AFTER you have the Family Permit, though. As far as I understand.

The truth is, David Cameron's "deal with the EU" to prevent Brexit will likely have an unknown effect on EEA Family Permits, even if it is a Bremain:
"The Commission will adopt a proposal to exclude from the scope of free movement rights, “third country nationals who had no prior lawful residence in a member state before marrying a union citizen or who marry a union citizen only after the union citizen has established residence in the host Member State”."
http://www.telegraph.co.uk/news/2016/05 ... ually-got/

So if you did not previously live together in EU, you may not be called a sham marriage...

My understanding is that this proposal refers to the Surinder Singh route.

It's actually a proposal to reverse Metock, as I reported in the topic New EU deal: Free-movement rights gone? three months ago. I didn't find any British sources making the connection, but it seems to have been quite clear in Denmark. The relevance to Surinder Singh is that that usually relies on Metock to establish the initial residence in the EEA. The Danish prime minister, Lars Løkke Rasmussen, likes the proposed reversal.

What's actually going to happen is far from clear, which is why the discussion of it has been exiled to a separate forum. It might be pushed through quickly, or it may rumble on for months, or even years.

[eniseg]

Thank you! I'll go read the other thread. We were told that it would affect us as non-SS applicants by an advisor at xxxxxxxxxx or xxxxxxxxxxxxxxx...that's why I thought that.