Join to Family

[mrharry]

I just would like to know one thing about family members who are not EEA nationals . UKBA telling us that the information in the guidance for family members which are EEA nationals applies to family members who are not EEA nationals (non-EEA family members). Is that correct? So it means that for non-EEA family members is the same application form as for family members of EEA nationals to apply for visa to join their family in the UK .Could you please clarify on this issue.I am really feel a little lost after reading too much information about. Now I dont know what to do. I need to help.If somebody give me right direction i will be very happy.
Thanks in advance.

[vinny]

If your family members are EEA nationals they will have the same rights as you to live and work in the UK. The information in this section applies to family members who are not EEA nationals (non-EEA family members).

[mrharry]

Thank you so much for reply,

But there is an Application form VAF5- EEA family permit for EEA nationals and I couldnt see another form. Can we use this form in order to get Family Permit as for non-EEA family members or is another form which we have not known yet.

Any help will be appreciated.

[geriatrix]

As asked before, please share your immigration status in the UK how you / your family members qualify for an EEA family permit?

As per this post, you are married to a UK citizen and possess a permanent visa, which doesn't tell us for sure if EEA regulations apply in your case.


regards

[mrharry]

I have known of the guidance of the UKBA that if you have rights to live in the UK and you other than British citizen, then your family members qualify to apply for an EEA family permit. And I know that is only one way which would help my family members join to mein the UK.
Thank you very much .

[batleykhan]

I have given up on this post

[PaperPusher]

mrharry, what nationality is your husband? If more than one please tell us all the nationalities.

[geriatrix]

I have known of the guidance of the UKBA that if you have rights to live in the UK and you other than British citizen, then your family members qualify to apply for an EEA family permit.

Not exactly!

If an EEA citizen is exercising treaty rights in the UK or a British citizen returns to UK after exercising treaty rights in another EEA country, then family members of the EEA national or such British citizen may be eligible to apply for an EEA family permit.

So, some questions that need answering -
1. Are you an EEA citizen?
2. If yes, are you exercising treaty rights in the UK as a qualified EEA national?
3. Has your British citizen husband exercised treaty rights in another EEA country and is now returning to UK?
4. Is your husband a dual (British + EEA) citizen?
5. What sort of "permanent visa" do you have?

If the answer to Q1-Q4 is "no", then the guidance you refer to doesn't apply.

I dont know what to do. I need to help.If somebody give me right direction i will be very happy.

People will not be able to help unless you answer the questions asked of you!


regards

[mrharry]

I am non-EEA citizen, husband is British nationality and I have permanent visa because I am married to a Uk citizen and currently living in the UK.

[geriatrix]

In such case, neither you nor your spouse can claim to be exercising treaty rights in an EEA country. And therefore, your son does not qualify for entry clearance under EEA regulations.

As a general rule, family members of British citizens do not qualify for an EEA family permit.

As for the possibility of entry clearance under UK immigration laws, you have already been given an accurate feedback.


regards

[mrharry]

But me and my son still are non-EEA nationals in addition my son is from the previous relationship and its for me so difficult to understand that all of this does not give the right to my son to apply for a Family permit in oder to join me in the UK.

[MPH80]

In order for you to have EEA rights - your husband must have been exercising his treaty rights - then (as his family members) his rights would extend to you.

He can only do this in another EEA country as he can't exercise his treaty rights in his own "home" country. Since he's british and in Britain - he falls under British rules.

(for info - the treaty rights in question are basically under the right to work/study in another european country)

[mrharry]

I would like to say thank you all for your responses.

Kind regards.