EEA Family permit - query

Hi and welcome to the Forum.

Your forum information says you're English, which doesn't help us help you as if you were, none of the questions you are asking would be relevant; I'm assuming you're in fact an Iranian citizen?  I'm also assuming that you're looking past Brexit and assuming that the EEA visa system will still exist.

To answer your questions.  It hasn't been clarified and probably won't be until the negotiations with the EU are concluded - probably the end of the year if you believe the recent press.  The current opinion is that the EEA visa will cease when the UK leaves the EU, principally because it is linked intrinsically to "Freedom of Movement" within the EU (all EU states are by default in the EEA) and the Schengen zone; if that turns out to be factual, then no, none of what you're asking is achievable.

It follows that should the UK remain in the EU and Freedom of Movement remains in place, then your wife has the right to live anywhere in the EU (including the UK) and you can apply for a family visa.

So - hurry up and wait I'm afraid.

Hope this helps.

Cynic
Expat Team

Hello Cynic!

Thanks fo your reply ...

I have had an issue while setting my account -  which is now resolved.

I am a Sudanese and my wife is an EEA national.

I believe there will be no change to the rights and status of EU citizens living in the UK till 2021 - even then, as per the official litlerture there will be a new scheme called "settled Status" which will be open in march 2019.

Ref. https://www.gov.uk/family-permit

My quiery is:

Can we qualify for the EEA family permit if I am the one working and suporting my EEA national wife - or should she be the one working or seeking employment. I have been reading alot howver unfortunatly there was no clear straight answer on the offical pages.

Also, since the EEA permit will be issued while I am still outside the UK - is it concidered tht I have the right to work in the UK from the moment i am issued the permit or are there further application to be made once I am in the UK.

Hi and thanks for the reply.

Notwithstanding what I've said previously about whether the EEA visa will still exist post-Brexit.  I've just read the requirements on the UK Gov website, where it says:

UK Gov website wrote:

You must show that your EEA family member has a permanent right of residence or is one of the following if they've been in the UK for more than 3 months:

-  working, for example an employment contract, wage slips or a letter from an employer
-  self-employed (for example contracts, invoices or audited accounts with bank statements) and paying tax and National Insurance
-  studying, for example a letter from the school, college or university
-  financially independent, for example bank statements

Your family member must have full health insurance (comprehensive sickness insurance) if they're studying or financially independent.

So, a joint account with your wife's name on it would seem to meet the requirements of the 4th requirement.  It doesn't say how much has to be in the account, which is unusual as all the other visas do stipulate actual salaries or bank account balances.

With regards to working; once you have a residence permit and a UK National Insurance number, you will be able to work in the UK.

One last comment; these residence cards like all work-related permits (pretty much all over the world) are temporary (maximum of 5-years in this case); there is no guarantee it will be renewed at the end, but that's about the only thing I can find that's in any way negative about these.

Hope this helps.

Cynic
Expat Team

Hi and welcome to the Forum.

So you're a Nigerian citizen, married to a Romanian?  You both need valid passports from your home country.  Your wife has the right to enter the UK (until Brexit for certain); you have the right to accompany/join her with an EEA family permit.  You must apply from abroad; this link will take you to the relative part of the UK Gov website that will help you.

To visit the UK with your wife, it's a bit more complicated; if you hold a Romanian Article 10 residence card then you don't unless it's the biometric version when you do need to apply for a short-term visa; all the details are on the UK Gov website.

Hope this helps.

Cynic
Expat Team

Hi,

I'm German, married from non-EU wife.

My wife has applied one time for EEA Family permit but has been rejected, applied again and we are still waiting for the result.

You have mentioned Article 10 for the Nigerian and his Romanian wife in a previous reply. Do you know what is the equivalent in Germany? my wife has Residence Permit till 2021 in Germany, how to know whether she can accompany me to UK without EEA Family Permit (In case it has been rejected for second time)

Thanks,

Samo

samo2018 wrote:

Hi,

I'm German, married from non-EU wife.

My wife has applied one time for EEA Family permit but has been rejected, applied again and we are still waiting for the result.

You have mentioned Article 10 for the Nigerian and his Romanian wife in a previous reply. Do you know what is the equivalent in Germany? my wife has Residence Permit till 2021 in Germany, how to know whether she can accompany me to UK without EEA Family Permit (In case it has been rejected for second time)

Thanks,

Samo

Hi and welcome to the Forum.

I'm assuming you are asking this question because you are contemplating moving to the UK; it would be helpful to know why your EEA family permit application was rejected.

An Article 10 residence card is a document which is issued under EU law (‘the Free Movement Directive') by the EEA Member States to non-EEA family members of EEA nationals who are exercising free movement rights in another Member State than that of their nationality, so would seem to reflect your situation.

I don't recall ever having seen a German version of the card, but I've just checked Google (link) and it says at the top "AUFENTHALTSKARTE" (which I think translates as residence card), plus on the bottom of the front of the card "RESIDENCE CARD OF A FAMILY MEMBER OF A UNION CITIZEN", so would seem to be the German version of an Article 10 card (although, unhelpfully, it doesn't actually say it), so perhaps it's not.  To make sure, it would probably be better that you ask the German regulatory body that issued it.

Hope this helps.

Cynic
Expat Team