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Thomas
Thomas, Lawyer
Category: UK Law
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Hi Tom, Im about to hold EEA Family permit. I am aware

Resolved Question:

Hi Tom,

I'm about to hold EEA Family permit. I am aware that once I've got this I can apply for 5 years settlement visa in the UK. However I noticed on UKBA sight that they've recently introduced stricter regulation!! One of them reads:
"introducing a new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, or fiancé(e) or proposed civil partner of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child".

1) My Italian partner can only take up part-time job till January 2013 as he has to come back to Italy frequently to complete his dental care. And my EEA family permit is to be expired end of March 2013. There is no way for my partner to get a job that guarantees more than 22K(we have one child with us) job by then. Does that mean there is zero chance to extend my EEA family visa under this new registration?

2) Can I (non-EU) myself find a full-time job that pays over 22K while having EEA family permit? And apply for settlement visa once I get the job contract instead of my EU partner?

Thanks for your help!
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

Settlement visas are for spouses of UK nationals, not for spouses of EEA nationals.

It is not a settlement visa that you have to apply for. If you are in the UK having travelled here on your family permit then you should now apply for a Residence Card:-
http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/

This is a stamp in your passport confirming your right to remain in the UK for a period of 5 years. You do not have to meet any salary threshold in order to get this in the same way that you do for a settlement visa.


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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6376
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 1 year ago.

Phew, that's great news. Thanks. This immigration law is so complicated.


 


So I can apply for this 5 years residence card as soon as we move into the UK? I mean, even if both me and my Italian partner are unemployed having 4 years old child on top of us? Only positive element of this early application is that we have some saving in our both British and Italian bank account. Would it suffice to be issued the residence card?


 


Or is it better off waiting till my partner get a full-time job with a contract , which will be end of this year or January 2013. But then our savings in the banks will be reduced by half by then.


 


 

Expert:  Thomas replied 1 year ago.
Hi,

You can apply for it as soon as you arrive in the UK. The requirement is that you are exercising treaty rights, which usually means working but can also mean that you are "self-sufficient" which is essentially that you are able to support/accomodate yourselves without requiring or claiming public funds.

Therefore, providing you do not claim public funds once you are here you can apply.

I would apply when you get here because it is definitive proof of your right to be in the UK and right to work when you come to apply for jobs.

Thanks for rating my answer and very kind bonus.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6376
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Law Specialists are ready to help you

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