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View Full Version : Family Permit for Non EEA Spouse of EEA National living in UK



aromulus
4th June 2007, 00:25
Well, I keep on digging, and every now and then I find something. Now if there is someone, out there, in the same situation as me, this lot might come useful.

EEA RegulationsApplication for EEA Family Permit for spouse/civil partner of EEA ‘worker’ resident in UK.1. Requirement that EEA national is a ‘worker’ (or exercising another free movement right) resident in UK3. Financial and accommodation position irrelevant.
2. Applications from outside the UK to UK embassy or consulate where non EEA spouse/civil partner lives4. No fee; no financial requirements. Generally an ‘over the counter’ speedy procedure. In some cases, applicants may be interviewed and if so it should only be very briefly. If successful, granted six months EEA Family Permit. Once in UK, no restriction on access to public funds, non EEA spouse/civil partner can take employment; apply by letter or on Form EEA 1 and 2 for five year residence document.
3. Applications from within the UK by letter or on Form EEA 1 and 2 for five year residence card. No fee; no interview; no financial requirements. Can submit copies of supporting documents initially and follow with originals. Direct effect of EEA Regulations creates automatic entitlement; application is for a document confirming already existing status, therefore can apply at any time.
4. If successful, granted five year residence card, during which time no restriction on access to public funds. Non EEA spouse/civil partner can take employment.
5. After five years in the UK as EEA family member, can apply for Indefinite Leave to Remain (‘ILR’) on Form EEA3 or 4. No interview; no financial requirement; no fee.

6. Family members for EEA permits can include:
- children and grand-children up to the age of 21;
- children and grand-children over the age of 21 if they are still dependent;
- dependent parents, grandparents and great grandparents.
- in certain circumstances, other dependent members of the EEA national’s household, including a person who is in a ‘durable relationship’ with an EEA national.

7. Length of marriage or civil partnership irrelevant.

8. Relationship breakdown
Spouses retain entitlement to EEA residence card if they separate, as long as the marriage has not been dissolved through the issuing of a decree absolute or the civil partnership through a final dissolution order, unless marriage or civil partnership broke down as a result of the non EEA national being the victim of domestic violence.
Separation ends entitlement to EEA residence card for people in a ‘durable relationship’ who are neither married nor civil partners.
Irrelevant after ILR granted

Good luck...