EEA FAMILY PERMIT FOR TIER 2 VISA HOLDER

[phantom1]

Hey people,

haven't seen any post on this topic, so wanted to ask for some tips and advice if anyone knows anything.

My situation:

I am a non-EU citizen with a company sponsored Tier 2 visa. I am sole bread winner for the family. My fiance is EU citizen with no income in UK. I wanted to apply for a residency permit using the abilities of my fiance to sponsor my application. Given my circumstances, does anyone know how I could apply for permit? Apparently, income credentials of the person who is sponsoring the applicant plays a major role, and this is where my fiance can not provide compelling evidence to UKBA.

Or, does my fiance need to have an established income in UK to be able to sponsor me?

Thanks and regards!

[secret.simon]

Firstly, does your fiance have British citizenship in addition to another EEA citizenship? If she does, you are out of luck and can not apply under the EEA Regulations. British citizenship can be acquired unknowingly and inadvertently, such as by being born in the UK to Irish parents. So, check that first.

Secondly, s/he can only sponsor you after marriage or if the two of you have been in a durable relationship for atleast two years (documented proof required).

If these conditions are met, there are no salary requirements under the EEA Regulations or even any requirement that the sponsor must be working. Your fiance can be a self-sufficient person, but s/he must have Comprehensive Sickness Insurance (basically private health insurance) for both of you. That would be sufficient for them to be exercising treaty rights and for you to get the family permit.

Remember that switching to the EEA route will mean that your immigration clock will reset and that you will need to remain for five years under that path to get PR (the EEA equivalent of ILR).

[phantom1]

Thanks for the tips!

She is not British in any legal means. And we have been married for the past 2 years.

Do you know of any affordable ways we can get covered by private health insurance?

Does the fact that I am employed, and probably paying NHS, cover my part of the insurance section? Meaning, that private health insurance only for her would suffice?

[CR001]

You started your thread/post by saying your fiance is an EU citizen and now you say you have been married for 2 years. Which is it?

[phantom1]

It is both: EU citizen, with whom I was married last 2 years.

[CR001]

Are you still married? If so, then not fiance but wife.

[phantom1]

Thanks for pointing out the difference in the word fiance/wife.

Getting to the original question, any ideas on them:

Do you know of any affordable ways we can get covered by private health insurance?

Does the fact that I am employed, and probably paying NHS, cover my part of the insurance section? Meaning, that private health insurance only for her would suffice?

Thanks again!

[CR001]

You will need to research private insurance (if your employer does not offer any).

NHS is not considered sufficient for the sickness insurance and as far as I am aware, you both need to be covered as your non working EU spouse is then classed as 'self sufficient'.