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EEA Family Permit Eligibility [URGENT]

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Angy
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Posts: 28
Joined: Thu Jul 07, 2011 8:00 pm
Location: London
United Kingdom

EEA Family Permit Eligibility [URGENT]

Post by Angy » Sun Dec 04, 2011 12:05 am

Hi,

I am British citizen. My husband is Syrian (non-EEA). We got married in June 2011 and have registered our marriage in London. I moved to Ireland to live with my husband soon after that. I was looking for job in Ireland but could not find. My husband is working in Ireland with good salary. My husband got a permanent job offer in the UK. The company is not going to act as a sponsor and thus will not contact the UKBA for him. My question now is:

1. Can he apply for the EEA Family Permit so we move to the UK together? Would that be an acceptable kind of visa to apply for?

2. In case not, can he apply for the Settlement visa? please notice that Settlement visa ask for a sponsor in the UK...

Thanks in advance
Angy

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sun Dec 04, 2011 12:38 am

Because you have not been working at all in Ireland, then I suspect you will not be able to get an EEA Family Permit. At least it is not part of the normal rules.

Work can be a part time job at McDonalds, but I suspect you do not have time for that now.

The Immigration (European Economic Area) Regulations 2006
Family members of United Kingdom nationals

9.—(1) If the conditions in paragraph (2) are satisfied, these Regulations apply to a person who is the family member of a United Kingdom national as if the United Kingdom national were an EEA national.

(2) The conditions are that—

(a)the United Kingdom national is residing in an EEA State as a worker or self-employed person or was so residing before returning to the United Kingdom; and

(b)if the family member of the United Kingdom national is his spouse or civil partner, the parties are living together in the EEA State or had entered into the marriage or civil partnership and were living together in that State before the United Kingdom national returned to the United Kingdom.

(3) Where these Regulations apply to the family member of a United Kingdom national the United Kingdom national shall be treated as holding a valid passport issued by an EEA State for the purpose of the application of regulation 13 to that family member.
This thread should not be in Employment offers and job seekers.

Angy
Newly Registered
Posts: 28
Joined: Thu Jul 07, 2011 8:00 pm
Location: London
United Kingdom

Post by Angy » Sun Dec 04, 2011 12:45 am

Thanks Guru, I have moved the post to the EEA Route Applications but i couldn't delete it from here.

I worked for a week in Ireland in last August. would it be counted as a work?

If he applies for a settlement visa who should be the sponsor? cos its a bit confusing..

Thanks

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