Non EEA Resident in UK

[hamid84]

I require info for this family who has recently moved to UK from Germany.

Whole family has german nationality with German passport apart from Lady.

Her husband requires some sort of residence form that he can send to Home Office for her permanent stay in UK.

Can someone point out what exactly he needs?

Thanks

[John]

Can you say what she nationality is? And also, how long the family have been in the UK?

Also, what are they doing here? Is either the husband or the wife working in the UK?

[hamid84]

Husband holds the German passport and wife holds Pakistani passport.

They have only been in UK for a month and are willing to stay here permanently.

Husband is currently working and wife is house wife for time being.

Thanks

[John]

The wife needs to use form EEA2 to apply for a Residence Card. Click here to download the form.

Under EU regulations, given that the German husband is in the UK exercising EU Treaty Rights .... he is working .... his wife is also entitled to live in the UK with her husband.

Out of interest, how did the Pakistani wife get into the UK? Has she got a visitor visa, or an EEA Family Permit?

[hamid84]

Her husband holds German nationality. I guess her visa status in UK is as visitor.

In Germnay, you have to pass language test which she could not so thats why she could not get nationality.

[John]

I guess her visa status in UK is as visitor.

In a sense that does not matter. A recent judgement of the European Court of Justice has ruled that the application for a Residence Card can be made, irrespective of how the person is in the country concerned.

Language Test? Under current legislation she will not be eligible to apply for Naturalisation for 6 years, but prior to applying for Naturalisation as British she will need to pass the Life in the UK Citizenship test.

[bebe2]

john can you pls elaborate on this. i.e irespective of how the person got to the uk. can an illegal immigrant without entry clearance get an eea permit?

[Wanderer]

john can you pls elaborate on this. i.e irespective of how the person got to the uk. can an illegal immigrant without entry clearance get an eea permit?

I think EEA apps from those without valid LTR are considered under UK rules. I could be wrong tho.

[John]

I think EEA apps from those without valid LTR are considered under UK rules.

That would be in breach of EEA/EU regulations, to impose extra conditions not in those EEA/EU regulations.

john can you pls elaborate on this. i.e irespective of how the person got to the uk. can an illegal immigrant without entry clearance get an eea permit?

I am thinking of the recent Metock case, and whilst the Government on the losing side in that case was the Irish Government, the terms of the judgement affect all member governments.

For links relevant to the case .... click here.

In particular :-

Article 3(1) of Directive 2004/38 must be interpreted as meaning that a national of a non-member country who is the spouse of a Union citizen residing in a Member State whose nationality he does not possess and who accompanies or joins that Union citizen benefits from the provisions of that directive, irrespective of when and where their marriage took place and of how the national of a non-member country entered the host Member State.

-: and accordingly, the technical answer to your question where you mentioned an EEA Permit, assuming you meant an EEA Family Permit, is no, because that is issued outside the UK, but if your question is actually about a Residence Card, applied for on form EEA2, then the answer is yes. Pretty unambiguous really .... " irrespective of when and where their marriage took place and of how the national of a non-member country entered the host Member State".