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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law it's F
Post Number:#41  PostPosted: 19 Oct 2011 08:54 
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Stuben

Did you visit the UK without the need of a visa?

Let us know what happened please.

Thanks


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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law it's F
Post Number:#42  PostPosted: 23 Oct 2011 20:12 
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We haven't been to the UK yet, and at the moment I'm not sure if we will go because of the hassle.

According to the directive, my wife does not need a Visa if I travel with her, BUT since the UK have not implemented the directive properly she will need an EEA Family Permit.

http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/
http://en.wikipedia.org/wiki/European_Economic_Area_Family_Permit

I looked briefly at the application form, and it really pissed me off. It is actually more verbose than the application form for getting my wife a residence permit in Norway... :/


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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law it's F
Post Number:#43  PostPosted: 13 Jun 2012 20:47 
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Hi everyone. How is everyone?

Just seen the latest immigration changes for UK legislation.

Does anyone know if the EU route has been affected in away?

Currently living in Ireland with non EU wife who has Irish residents card. Wondering if the new rules will hamper us if we wish to return to the UK in the future or apply for visit visa etc.

Nice one


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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law it's F
Post Number:#44  PostPosted: 13 Jun 2012 22:52 
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The new rules do not apply for the EU resident card holders.... only for the British FLR and ILR.

You are safe as far as I am aware.... except if the UK gets out of the EU.

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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law it's F
Post Number:#45  PostPosted: 14 Jun 2012 23:19 
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Just to relate this topic to my situation...

We now have a fiancé visa, collected today. It seems that because we have already commenced proceedings for Ellie to settle here permanently, albeit only on a fiancé visa at present, we will be subject to "old rules" when we come to do our FLr and IlR apps.

I would guess that there will be a few couples potentially trying to bring their various dates of actions forward to try to avoid these changes.

The income piece is quite a shift as is the elderly relative issue. It looks like the language test has been upgraded. Ellie only had to pass the minimum KET, but I assume the B1 test is a little bit more challenging.

More interpretation to come on this issue I imagine.

Laters


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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law it's F
Post Number:#46  PostPosted: 20 Jun 2012 07:52 
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That's good. Yeah - I don't think UK will be leaving the EU anytime soon. The referendum put a halt to that.

On another note, is there a time scale of the "Surinder Singh" route back to the UK with wife after working in the EU.

We have been in Ireland now since December 2011. Wife should get her RC on or before 2 July 2012. I have been offered a teaching position in Azerbaijan which offers great potential to save what have you. I am just wondering can we go from Ireland to Azerbaijan for say 3,4,5 years and then go to UK from Azerbaijan using EEA route?

With does have an EEA type visa, issued from the UK in her passport already and Irish EEA visa/residence card.

The 2006 quote the following;

Quote:
Family members of United Kingdom nationals
9.—(1) If the conditions in paragraph (2) are satisfied, these Regulations apply to a person who is the family member of a United Kingdom national as if the United Kingdom national were an EEA national.
(2) The conditions are that—
(a) the United Kingdom national is residing in an EEA State as a worker or self-employed person or was so residing before returning to the United Kingdom; and
(b) if the family member of the United Kingdom national is his spouse or civil partner, the parties are living together in the EEA State or had entered into the marriage or civil partnership and were living together in that State before the United Kingdom national returned to the United Kingdom.
(3) Where these Regulations apply to the family member of a United Kingdom national the United Kingdom national shall be treated as holding a valid passport issued by an EEA State for the purpose of the application of regulation 13 to that family member.


This states or was so before returning. Just wondering is there a time limit on these things or does anyone have any experience?

Cheers guys.


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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law it's F
Post Number:#47  PostPosted: 26 Jun 2012 20:17 
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http://www.legislation.gov.uk/uksi/2012/1547/made

wow - so the new rules have confused the hell out of me.

Sorry - I'm not good at understanding these documents, they do confuse me.

Everyone here probably knows my situation but I will reiterate. I am currently living in Ireland with my non-eu spouse. Does that mean when we wish to go back to the UK, get an EEA family permit, after 5 years she will not get permanent residence as she would be given a a derivative residence card?

Sorry for my ignorance. I was only juts beginning to understand the old rules and regulations and this has confused the hell out of me :/


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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law it's F
Post Number:#48  PostPosted: 26 Jun 2012 21:07 
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So far you had the luck of the Irish....... [wink.gif]

Coming back to UK she will apply for a Resident Card and the first one, when issued will be for 5 years.

After 5 years she will have to apply again for Permanent Resident Card....... and when is been issued.... your wife can apply for a British Naturalisation......and then Passport.

But if you go back to Baku.... make sure you make few millions..... plenty of Gaz and oil....... as you will have to start from the beginning again

Any how when the baby is due?

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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law it's F
Post Number:#49  PostPosted: 29 Jun 2012 12:29 
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Hey Wiz,

If we go to Baku we will have to start it again? Why is that?

9.2(a) states :the United Kingdom national is residing in an EEA State as a worker or self-employed person or was so residing before returning to the United Kingdom;

To me, this would say it is possible to go elsewhere first before returning to the UK.

I was residing in an EEA state as a worker before returning to the UK. Albeit, we will reside in Baku before returning. Wife will have a clear line of EEA routes. Has Irish Residence Card under EEA and also a visit visa under EEA from UK. This doesn't stipulate a time limit either. Do you have some experience in this bit?

The baby is due on 6 September 2012. 10 weeks today! It's really exciting. She is doing really well and hasn't been too much of a pain [sarcastic.gif]


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 Post subject: Bringing an FSU Lady to EU with Directive 2004/38/EU is Free
Post Number:#50  PostPosted: 29 Jun 2012 13:12 
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Firstly I hope all will be fine till the day of the birth...... and you will let us know so we can celebrate with you. [veryhappy.gif]

Your wife's resident card has an expiry date in 5 years....... which is normal as the first one is for a specific period. Of course she can continue stay in Eire..... without applying for a PERMANENT RESIDENT CARD ...... but without one will be difficult for her to travel around Europe, so it's better to have one, as we have already discussed long time ago.

On the other hand, if she is out of the country for more than 2 years..... I think (maybe I am wrong) she is loosing her right ..... so may I suggest that you take a look at the IRISH law about the EU directive 2004/EU. (Look around the board somewhere there is a link.....) I am in a hurry now to go out for the day).

Sorry to be short .... but she is off to Russia on Tuesday and shopping................ [sad.gif]

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