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EEA Family Permit for the UK

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

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mjpc
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EEA Family Permit for the UK

Post by mjpc » Tue Jun 06, 2017 9:10 pm

Hello,
My husband and I got married in March 2017, I am peruvian and he's Irish. He's now working in Scotland for about a month. I was wondering if the family permit is enough for me to join him or do I need to have a visa as well to enter the uk? And I have another question. We will be living in Inverness, Scotland. So I was wondering if I could arrive to London first and then fly to Inverness cause that way the tickets are half price. Thank you! :)

GMB
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Posts: 177
Joined: Mon Jun 25, 2012 8:14 am
Location: London
United States of America

Re: EEA Family Permit for the UK

Post by GMB » Wed Jun 07, 2017 11:56 am

A couple of questions:
1. Where are you now? In Ireland?
2. Does he also have British citizenship, or just Irish?

In general the Family Permit is all you'd need to enter the UK and reside with your husband. Since you fall under EEA/EU law, you do not require any sort of visa. And you can enter the UK at any port of entry then move around the country as you please. So you could fly into London then connect to Inverness.

mjpc
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Re: EEA Family Permit for the UK

Post by mjpc » Wed Jun 07, 2017 5:10 pm

GMB wrote:A couple of questions:
1. Where are you now? In Ireland?
2. Does he also have British citizenship, or just Irish?
Thank you for your response. I am in Peru at the moment, and my husband is already in Inverness. He only has his irish citizenship. Is it ok if I apply for the permit now even he's only been working for a month in Inverness?
Thanks a million :)

GMB
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Posts: 177
Joined: Mon Jun 25, 2012 8:14 am
Location: London
United States of America

Re: EEA Family Permit for the UK

Post by GMB » Wed Jun 07, 2017 5:16 pm

mjpc wrote:Thank you for your response. I am in Peru at the moment, and my husband is already in Inverness. He only has his irish citizenship. Is it ok if I apply for the permit now even he's only been working for a month in Inverness?
Thanks a million :)
Yes, you can and should apply now. For the Family Permit, as long as the EEA national is within the first three months of his/her time in the other EEA country, he/she does not have to be exercising treaty rights (e.g., working) at all. It's only after the first three months that this becomes a requirement.

mjpc
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Joined: Tue Jun 06, 2017 9:04 pm

Re: EEA Family Permit for the UK

Post by mjpc » Wed Jun 07, 2017 5:51 pm

GMB wrote: Yes, you can and should apply now. For the Family Permit, as long as the EEA national is within the first three months of his/her time in the other EEA country, he/she does not have to be exercising treaty rights (e.g., working) at all. It's only after the first three months that this becomes a requirement.
We were going to wait until the beginning of July, so I could have more in my savings account, and as he gets paid once a month, he will be getting paid at the end of June. Would there be a problem if we wait until July to apply? Oh, and more question. Do I have to submit my last 6 months bank statements or is it enough a current one? What would be better?
Thank you so much :)

GMB
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Posts: 177
Joined: Mon Jun 25, 2012 8:14 am
Location: London
United States of America

Re: EEA Family Permit for the UK

Post by GMB » Wed Jun 07, 2017 6:03 pm

mjpc wrote:
GMB wrote:We were going to wait until the beginning of July, so I could have more in my savings account, and as he gets paid once a month, he will be getting paid at the end of June. Would there be a problem if we wait until July to apply? Oh, and more question. Do I have to submit my last 6 months bank statements or is it enough a current one? What would be better?
There seems to be some confusion here. For rights derived from EEA law there can be no financial restrictions or requirements imposed on the non-EEA national at all, and none imposed on the EEA national during the initial 3 month residency period. So why do you think you think you have to submit any of that?

mjpc
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Re: EEA Family Permit for the UK

Post by mjpc » Wed Jun 07, 2017 6:11 pm

GMB wrote: There seems to be some confusion here. For rights derived from EEA law there can be no financial restrictions or requirements imposed on the non-EEA national at all, and none imposed on the EEA national during the initial 3 month residency period. So why do you think you think you have to submit any of that?
On the UK website they have a guidance of documents you could attach to your EEA family permit application, and they mention financial statements. I know that on the overview page does not mention it, but on the pdf attached, it does. That's why I was wondering. Thank you :)

GMB
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Posts: 177
Joined: Mon Jun 25, 2012 8:14 am
Location: London
United States of America

Re: EEA Family Permit for the UK

Post by GMB » Wed Jun 07, 2017 6:48 pm

I probably need to bow out at this point because I have never applied for an FP and don't want to give you bad advice. I know that according to EU law neither of you can be held to any financial standard, and in the first three months he doesn't have to be working. But I think perhaps they can ask for evidence you won't become an undue burden on the system, so perhaps that's why they ask for all that. You might want to repost that as a new question here.

Sadly you need to get used to the idea that the Home Office don't care much about the law (UK or EU) and some caseworkers will twist anything they can in order to justify a denial.

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