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Family Permit Recieved now what?
Posted: Wed Jul 23, 2014 2:58 am
by confusedinpakistan
Hey Guys,
I finally recieved my EEA family permit under the SS rules, as you can see by my previous posts up until yesterday I had considered the Code 1a route because I was denied the FP under my first application.
What I want to know now is:
What do I do when we get to England? Do we have to take out health insurance and does my wife (Uk National) need to continue to work in the UK as well?
Any help would be appreciated guys!
Re: Family Permit Recieved now what?
Posted: Wed Jul 23, 2014 7:28 am
by rosebead
No under Eind case law (Case C-291/05) your British wife does not have to work in the UK. She can even claim benefits and this will still not affect your position. No insurance is necessary. You need to apply for a residence card using form EEA2. You need not submit all your Singh evidence all over again. There is a tick-box in Section 5 of the form which you can tick if you have an EEA Family Permit and it allows you to skip a whole bunch of questions relating to your wife's time in her host State. As you have an EEA Family Permit you should be able to obtain an EEA2 automatically.
Re: Family Permit Recieved now what?
Posted: Wed Jul 23, 2014 8:01 am
by confusedinpakistan
Hi Rosebead,
Would I be eligiable for benefits as well or only her?
Thank You
Does applying for a EEA FP nullify past visas?
Posted: Wed Jul 23, 2014 8:51 am
by confusedinpakistan
My wife is a british citizen, I am a Pakistani with eea family card, and also eea fp.
My parents have been depended on me for about the past year, and for the last 3 months they have also been living with me.
What I would like to know is it possible for me to apply for a family permit for them under ss rules?
Would there previous visit visa which is valid for 8 years be cancelled if they applied for a family permit?
Re: Does applying for a EEA FP nullify past visas?
Posted: Wed Jul 23, 2014 9:40 am
by dalebutt
If your parents did not live with you and your spouse in the other EEA country where you exercised your treaty rights, EEA-FP application is bound to fail. A decision to refuse EEA-FP should not affect their existing visa, but the intention may be misinterpreted.
Re: Does applying for a EEA FP nullify past visas?
Posted: Wed Jul 23, 2014 10:17 am
by confusedinpakistan
They have been living with me in the EU state for about 3 months now.
Re: Does applying for a EEA FP nullify past visas?
Posted: Thu Jul 24, 2014 9:14 am
by rosebead
Yes you can apply for EEA Family Permit for your parents. You must be able to prove your British sponsor had shifted her centre of life to the host State, plus you have to prove that your parents have been wholly or mainly dependent on you or your spouse for their essential needs.
Re: Does applying for a EEA FP nullify past visas?
Posted: Thu Jul 24, 2014 10:41 am
by confusedinpakistan
We have already established the shifting of the centre of life, because I have been granted the family permit.
Re: Does applying for a EEA FP nullify past visas?
Posted: Thu Jul 24, 2014 11:37 am
by rosebead
I missed the bit about you having an EEA FP. It's certainly useful as it proves your wife met centre of life criteria and the employment criteria, and you should mention it in a cover letter. That leaves proving your parents' dependency to the UKVI - no easy task from what I keep reading on this board.
Re: Does applying for a EEA FP nullify past visas?
Posted: Thu Jul 24, 2014 11:41 am
by Jambo
I still haven't seen a case that SS applied to extended family members so its not clear what the HO position is on this.
If they are grented FP, it should not affect any other visa. However if they are refused, it is likely the caseworker would cancel their visit visa as circumstances have changed and now they have shown intent to settle in the UK.
Re: Does applying for a EEA FP nullify past visas?
Posted: Thu Jul 24, 2014 12:03 pm
by rosebead
In-laws are 'direct' family members covered by Regulation 7, the only category of family members the Home Office will accept for Surinder Singh
Re: Does applying for a EEA FP nullify past visas?
Posted: Thu Jul 24, 2014 12:05 pm
by confusedinpakistan
I would rather not apply for a family permit from here than, if we went to the uk and applied for an eea2 would that be possible?
Re: Does applying for a EEA FP nullify past visas?
Posted: Thu Jul 24, 2014 12:12 pm
by rosebead
Yes you can apply for EEA2 from within, though if that fails you won't have a chance to correct whatever was lacking in the application as you will have left the host State by then. Though of course you can appeal any decision.
Re: Does applying for a EEA FP nullify past visas?
Posted: Fri Jul 25, 2014 4:31 am
by confusedinpakistan
Hi Rosebead, would the same situation apply with regards to previous visas being cancelled?
Jambo, do we have stats on direct family members under the ss route?
Re: Does applying for a EEA FP nullify past visas?
Posted: Fri Jul 25, 2014 8:55 pm
by rosebead
What situation?
Re: Does applying for a EEA FP nullify past visas?
Posted: Sat Jul 26, 2014 2:35 am
by confusedinpakistan
I meant if they made an in country application would there visit visa still be at risk?
Re: Does applying for a EEA FP nullify past visas?
Posted: Sat Jul 26, 2014 4:57 am
by rosebead
An application for EEA2 implies even more strongly than FP that your parents want to settle in the UK, so the same principle would apply with what Jambo said but even more strongly.
EEA2 Surinder Singh application - Requesting docs back
Posted: Mon Sep 08, 2014 11:38 am
by confusedinpakistan
Hello,
I am sending out my eea2 application with mine and my wifes passport.
My wife is the UK national and I am a pakistani national. My wife would like to travel asap, so she has asked I request her passport back as soon as I get the COA.
Is it better to wait for the COA and than ask or ask with a covering letter beforehand?
Will my application be delayed by asking for her passport back?
Re: EEA2 Surinder Singh application - Requesting docs back
Posted: Mon Sep 08, 2014 2:20 pm
by Obie
You can do both.
After the COA, you can make a further request.
May be sensible to put in two prepaid envelope. One for return of the passport and the other for return of your application.
Re: EEA2 Surinder Singh application - Requesting docs back
Posted: Mon Sep 08, 2014 10:19 pm
by confusedinpakistan
Thanks very much for the information Obie.
Do you know if anyone has an eea2 covering letter template that I could use? I found plenty with the case law for my family permit but cant really see anything for an eea2. This is what I have so far:
To whom it may concern:
Please find enclosed my application EEA2.
We are applying under the Surrinder Singh judgement. I have already recieved a EEA family permit in the Netherlands which you can see in my passport. So we have already fulfilled most of the documentary requirements abroad.
I include with this application:
1) Tenancy agreement
2) Council Tax Bill
3) Water Bill
4) My wifes registration for a national insurance number
5) 2 passport size photographs
6) Marriage certificate
7) Our passports
I would appreciate if you could please approve our application and get back to us immediately.
Thanks and Regards
Re: EEA2 Surinder Singh application - Requesting docs back
Posted: Tue Sep 09, 2014 12:19 am
by st2447
I didn't include a cover letter in my application but yours appears to be fine.
Re: EEA2 Surinder Singh application - Requesting docs back
Posted: Thu Sep 11, 2014 1:18 pm
by confusedinpakistan
Did you have a visit? I don't think they do visits for surrinder Singh applications do they?
What happens after you get the rc? How long before you can apply for passport?
Next steps after eea2 under Singh
Posted: Thu Sep 11, 2014 1:37 pm
by confusedinpakistan
I understand it as this:
1) currently applied for an eea2 which is a residence card
2) after five years we can applying for a permant residence card.
3) what happens than?
Does that mean it will take 10 years to get British citizenship?
Re: Next steps after eea2 under Singh
Posted: Thu Sep 11, 2014 1:48 pm
by Casa
6 years. - 5 years to PR + 1 year
Re: EEA2 Surinder Singh application - Requesting docs back
Posted: Thu Sep 11, 2014 3:48 pm
by st2447
confusedinpakistan wrote:Did you have a visit? I don't think they do visits for surrinder Singh applications do they?
What happens after you get the rc? How long before you can apply for passport?
I didn't have a visit. I'm assuming they invite to an interview or visit you if they have any doubts on the validity of the marriage.
After five years you can apply for PR using EEA4. You can apply for a passport a year after holding PR according to my understanding, however I have read that it may be possible to apply sooner as the spouse is a British citizen, I'm sure someone with more experience can clarify that.