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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2137
Experience:  I am a qualified solicitor and an expert in UK law.
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EEA family permits My wife is a Turkish citizen and we have

Resolved Question:

EEA family permits
My wife is a Turkish citizen and we have been living together in Norway for 3 years. We now wish to relocate to UK. According to the UK Border agency website page (http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/) we could qualify for an EE family permit:
“Although the UK is a member of the EEA, a non-EEA family member of a British citizen should not generally come to the UK using an EEA family permit. However, a non-EEA family member of a British citizen living abroad can apply for an EEA family permit to join the British citizen on their return to the UK if:
* the British citizen has been living in an EEA member state as a worker or self-employed person; and
* the family member, if they are the British citizen's spouse or civil partner, has been living together with the British citizen in the EEA country.”

This would be a much preferred option for us because the process takes 2 weeks, whereas the regular spouse visa takes around 3 months.
My question is, if we make apply for the EEA family permit and it is approved, what is the duration of such a permit and what is the next step my wife needs to take inside UK to get a permanent residence?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Just to clarify, are you a British citizen?

Kind regards
Customer: replied 1 year ago.

Yes, I am a British citizen, resident in Norway.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

In respect of your wife applying for an EEA permit, I would like to explain this in more detail to help you understand why she would be entitled to an EEA family permit. As a general rule, family members of British citizens do not qualify for an EEA family permit. Article 3 of the Directive essentially says that an EEA national cannot be considered as exercising freedom of movement in their own State -

This Directive shall apply to all Union citizens who move to or reside in a Member State other than that of which they are a national, and to their family members as defined in point 2 of Article 2 who accompany or join them.

However, where an EEA national has exercised a treaty right in another Member State as a worker or self-employed and they wish to return to their own State having exercised that right, certain provisions may apply in order for their non-EEA family members to qualify under the EEA Regulations.

A British national and his / her non-EEA national family members can only benefit from free movement rights if they meet the criteria established in the ECJ case of Surinder Singh. The case stated that nationals of a Member State who are exercising an economic Treaty right (that is, as a worker or self-employed person) in another Member State will, on return to their home state, be entitled to bring their non-EEA family members to join them under EC law.

Example: A British national is exercising an economic Treaty right in Germany and living with his non-EEA national spouse and children. On the British national's return to the UK, his non-EEA national family members can apply for an EEA family permit to join him under EC law.
The Surinder Singh judgment is incorporated into the EEA Regulations in Regulation 9. Family members of British nationals who meet the requirements of Regulation 9 are treated as family members of EEA nationals for the purposes of the EEA Regulations.

Applications for EEA family permits must meet the following criteria:

• The British citizen must be residing in an EEA Member State as a worker or self-employed person or have been doing so before returning to the UK.

• If the family member of the British citizen is their spouse or civil partner, they are living together in the EEA country or must have entered into the marriage or civil partnership and have been living together in the relevant EEA country before the British citizen returned to the UK.

Because EEA nationals have an initial three months right of residence in the UK, there is no requirement for the British national to be a qualified person on arrival. Therefore, an EEA family permit can be issued to the non-EEA national family member of a British national even if they are only visiting the UK with the British national before returning to the Member State where they are resident.

Therefore once your wife enters the UK she would be issued with an eea family permit initially for 3-6 months, she would then need to apply for an EEA residence permit using from EEA 2, please see the following link:

http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/applying/

She will then be issued with a 5 years permit to reside in the UK on the basis of your marriage. You would need to ensure that you are working in the UK for the period of 5 years. The application process can take up to 3 months , but your wife would not need to leave the UK to make the application will need to apply from the UK.

Once she has completed 5 years residency in the UK she can apply for permanent residency using form EEA 4 , please see above link.

If you were to apply from an EEA family permit instead of obtaining it at the port of entry the duration will be for 6 months and then you would again follow the processed stated to obtain permanent residency.
It is totally dependent on you if you wish to obtain the EEA family permit upon arrival or apply for it prior to travel.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.

Wow, this sounds amazing. So if I understood this correctly, we do not need to apply for the EEA permit before travelling to UK. We can just apply at the immigration border - at Gatwick Airport for example?


 


I assume we would need to bring certain evidence with us in that case such as proof of residence etc.?


 


Assuming she is granted the EEA family permit, I assume she can travel in and out of the country freely during the 6 months it is valid?


 


Just to explain our situation fully - we are planning on leaving Norway in November / December, then travelling to Turkey for 2 months for her to give birth to our child. We would probably return to UK at the end of February.


 


Then we could make the EEA residence permit application at that point (because I assume they will want to take her passprot for that).


 


We are also travelling to UK for a few days this weekend coming (my wife already has a vistors visa). But I think it would probably be too early to apply for the EEA family permit at that point, since it only lasts for 6 months.


 


 


 

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

1. Yes that is correct you would need to bring evidence of your marriage, evidence of you working in Norway and also letters in both you and your partner's name coming to your address in Norway.

2. Yes she can travel outside of the UK during those 6 months but i would advise her to apply for a EEA residence permit as soon as she arrives to the UK, this will be issued for 5 years. If she does travel on her family permit then she may have to provide evidence of you exercising treaty rights in Norway etc again to allow her entry to the UK.

3. In respect of traveling to Turkey, I would advise you to stay there for a shorter period. The fact is that you do not want to come to the UK and show the immigration officer documents that are 2 months old ie payslips letters etc, the immigration officer could state that you have lived in Turkey for 2 months and therefore may not take into account your evidence as you have resided in another country after leaving Norway.

4. I would suggest that if it is possible you should arrive to the UK and find employment or be self employed in the UK, submit evidence of this to the home office and apply for a residence permit straight away. The process can take 3 - 6 months, but if your application is completed and there are no missing documents it can be sooner.

I would suggest that you travel to the UK and apply for a 5 year residence permit before traveling to Turkey to avoid being asked questions upon arrival from Turkey.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.

The estimated date for giving birth is middle of Feb, and she must fly at least one month before that. So the stay in turkey must be at least 6 weeks, probably 8.


 


Assuming the EEA residence permit takes 3 months, then she would have no passport to travel during that time because I believe they want the passport for the application.


 


Therefore I think we have three options:


 


A) Arrive to UK in the next few weeks and immediately make the EEA residence application so that it can hopefully be processed by the beginning of January. Then fly to Turkey. Or;


 


B) Wait until after the birth of our baby in Turkey and then fly from Turkey to Norway and collect our recent post so that we have valid recent documents to show residence in Norway. Then we fly from Norway to UK and make the EEA family permit at the border.


 


C) Make an application (by post) in December, receive the Permit. Fly to Turkey, using most recent documents from Norway. Then we fly to UK.


 


After receiving the permit by post I assume we have 3 months before we need to arrive into the UK?


 


 

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

1. Yes during the application process she would not have her passport.

2. Option A, B AND C are all correct and can be used.

3. In respect of arriving to the UK i would recommend that you do it as soon as possible after the permit is issued, The immigration officer may ask questions as to why you have arrived after the permit being issued but you can explain that your wife gave birth and you were in Turkey etc which will be acceptable.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.

Sorry, just one point to clarify. Will this scenario work:


 


We apply for the EEA Family Permit in Norway in November in Oslo, then we get the permit end of Nov We fly to UK early Dec and get the wife's passport stamped as entering the country. We travel to Turkey for the birth of the baby at the end of Dec and return in early March. Then we apply for the Residence permit.


 


UK Immigration has no record of when we leave the UK, only when we come in.


If she already has an approved EEA Family Permit which was already stamped on our initial arrival, I assume there will not be any issue when we return from Turkey in March?


 


Thanks very much for your clear advice.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply, I apologise for not reverting back to you earlier.

In respect of multiple entries to the uk, yes this can be something your wife can do if she is issued with an EEA FAMILY PERMIT. What you have mentioned is achievable.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2137
Experience: I am a qualified solicitor and an expert in UK law.
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