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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi there, I am Japanese, Female. I live in Italy with my

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Hi there,

I am Japanese, Female. I live in Italy with my unmarried Italian partner. I moved here 2007 and ever since we've lived together. I have Italian residency. We also have a four-year-old daughter who was born here in Rome in 2008. She's got both Italian and Japanese passport.

We have now decided to move to the UK asap so our daughter can start her school year(reception) in the UK. I am now trying to apply for EEA family permit online but I've come across some tricky questions as I go along. I've listed them up below. Kindly help me answer them, please?

1. The main purpose of the non-EEA national visit to the UK:

Should I put: "To move and live with my EEA national partner"?

2. how long do you intend to stay in the UK?

We will be there as long as we can, maybe we will settle down for good. What should we say then?

3. where do you and the EEA National plan to live in the UK?

We've booked a short let apartment to begin with our life in London. It's for one month. Can I put the address of the apartment?

4. will you or the EEA National receive income from any other sources, including friends or family?

Because I used to live and work in the UK I still hold an English Bank account. My Jp parents have already put some money to start up our life there. Both of our families can help us if we need more. How should I state this on the application form?

5. Do you (the non-EEA national) intend to work in the UK?

Yes, I do intend to work once my daughter's schooling is settled. My partner also needs to find a job once we move there. We will live on our saving and our parents help until we find job. What should I write here?

I'd really appreciate it if you could reply to my queries asap. Many thanks in advance.
I
Hi

Thanks for your patience.

Using your numbering:-
1) Yes, state “to move and reside in the UK with your EEA husband who intends to exercise his EEA treaty rights in the UK by working”
2) You should confirm that you will live there for the foreseeable future whilst your husband has employment there stating that it will be your permanent residence for at least the next couple of years as a minimum with a view to settling here in the longer term
3) Yes, just be honest and state that you have a short term let giving the length of the let and stating that you will live here temporarily whilst you secure more permanent accommodation and shall update them as to your permanent accommodation in due course
4) You should refer to the bank account as a result of your previous time in the UK. Refer to the one-of payment as a gift from your parents and ask them to execute a letter confirming it as a gift for the costs of relocation. State that you will provide the letter from your parents if they require.
5) State that you intend to work once you have resolved your child’s schooling needs and after your husband has secure work and after you have applied for your residence card upon arrival to prove to proposed employers that you have the right to work in the UK as the non-EEA spouse of an EEA national. Info on Residence Cards here:-
http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/

The best way forward is just to be honest. You have a right to be here if your husband is exercising his treaty rights and the reality is that this application has a much, much lower threshold of eligibility than applications that are not based on EEA treaty rights.




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Kind regards,


Tom
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