help!!!!!!!!so sad it has to be like this

[marikistin]

we are near getting all our documents sorted and wot luck we have :bigcry:
my husband had just lost his job do u think it will be sensible to still submit our eea family permit application despite this.and do u think that it would be ok to submit our application first before getting our son his british passport.

we have waited for this long enough now there is another block thats on our way again.

it is very depressing to be in a situation like this. i feel so very down :bigcry:

please we need your help on this.thank you so much.

[sars_notd_virus]

we are near getting all our documents sorted and wot luck we have :bigcry:
my husband had just lost his job do u think it will be sensible to still submit our eea family permit application despite this.and do u think that it would be ok to submit our application first before getting our son his british passport.



this is a bit confusing...are you applying for EEA permit or a spouse visa of a british national with dependent ??
whatever the situations ,..it is still BEST that you have accommodation,and your sponsor can support you here in the UK without recourse to public funds.

[marikistin]

thank you for you reply sars, for me and my daughter we are applying for a family permit while our son will be getting his british passport.

he do already have a place to accomodate us in fact there was evn a letter already sent to me for that, that we are allowed to stay at the house.

and as for the financial side that has always been our biggest problem coz as of the moment we are facing crisis as he had jst lost his job. :(

[keithAngel]

To which country are you applying? and from where,

Ahh is it that your husband is a dual Irish?British national?

if so the apllication is free so it might be worth applying anyway if you fail on a condition of support for example you at least know what you have to do to sucsedd later:xxgrinning--00xx3:

[joebloggs]

as keith has asked you, what country is your husband living in, and what country is he from.. if he is applying for a family permit he needs to be excerising his treaty rights

http://www.ukvisas.gov.uk/en/ecg/eunationalsschemes/eeanationals#20684837

but

A qualified person is an EEA national who is in the UK and exercising a Treaty right as any of the following:


Job-seeker - The EEA national must be able to show evidence that they are seeking employment and have a genuine chance of being engaged e.g. evidence of job interviews, evidence of qualifications, registration with Job Centre / recruitment agencies.
In most circumstances we would expect an EEA national to be economically active within six months. It is highly likely that an individual claiming a right of residence as a job-seeker will also be exercising treaty rights as a self-sufficient person.Worker - The EEA national must be able to show evidence that they are in full-time or part-time employment e.g. copy of a contract, pay slips.
If an EEA national temporarily ceases employment, they can still be considered a qualified person under the following circumstances:

They are temporarily unable to work as the result of an illness or accident
They are involuntarily unemployed and have started vocational training; or
They have voluntarily stopped working and started on vocational training related to their previous employment.
They have registered as a job seeker and
were employed for one year or more before becoming unemployed;
have been unemployed for no more than six months; or
can provide evidence that they are seeking employment in the United Kingdom and have a genuine chance of being engaged.
Self-employed person - The EEA national must be able to show evidence that they have established themselves in the UK as a self-employed person e.g. a copy of business accounts or an accountant’s letter.
Self-sufficient person - The EEA national must be able to show evidence that they have sufficient resources not to become a burden on the social assistance system and have comprehensive sickness insurance cover. There is no fixed amount that is regarded as 'sufficient resources'. The personal situation of each applicant must be taken into account.
A retired person would qualify as self-sufficient if they can demonstrate that they are in receipt of a pension and/ or have sufficient funds not to become a burden on the social assistance system.

An EEA national can qualify as self-sufficient based on the income of their non-EEA family member.

Student - The EEA national must be able to show evidence that they are enrolled at an establishment included on the DFES Register of Education and Training providers e.g. a letter from a college or university confirming that the EEA National is enrolled on a course and stating its duration.

[jazz]

i was unemployed when my husband applied for his visa and it was granted.

[marikistin]

hello sir keith yep he has dual nationality british/irish and he is living in northern ireland.

sir joebloggs,thank you for that helpful information.now its getting clear to me that there is light and hope in our situation that even if he became unemployed just recently we can still continue this application.

do you think it is best to submit our application first like for me and my daughter and get our son's british passport just after we apply for the family permit? again, thank you for your enlightenment and advise. :)

[brokenpieces]

Hello sir Joebloggs, but aren't those requirements above is for an EEA National's rights to stay in the UK not the requirements on having someone non--eea family ?

[Aingeall]

Hi Sir Joebloggs! This is related to brokenpieces question. I live in Northern Ireland myself. I assume everyone knows N.Ireland is part of UK, so we still practice UK law. I also thought EEA Family permit applications are only for non EEA family members who are wishing to join EEA sponsors going to UK for work. Otherwise, if you're a British National, dependents should apply Settlement Visa. Can you please enlighten me with this.
Northern Ireland citizens can apply both Irish & British Citizenships, but still on British Law. Please correct me if I'm wrong. (Let's not get too political with this, but let's face it - no offence to Northern Irish people who still wants to be Irish). The Republic of Ireland still consider anyone born in all counties of Northern Ireland Irish, that's why they are dual citizens, but are under the UK law.

I am a British citizen. Can my family members apply for an EEA family permit to join me in the UK?
Although the UK is also a member of the EEA, the information in this guidance does not, in general, relate to British citizens and their family members.
However if a British citizen is living in another EEA country, their non-EEA family members can apply for an EEA family permit to join them on their return to the UK. This is subject to the following conditions
the British citizen is residing in an EEA Member State as a worker or self-employed person or was doing so before returning to the UK; and
if the family member of the British citizen is their spouse or civil partner, they are living together in the EEA country or they entered into the marriage or civil partnership and were living together in that EEA country before returning to the UK..

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[joebloggs]

if you search on here, you will find a nymber of people living in northern ireland did manage to get family permits for their spouse.

but [

EUN2.16 Can family members of dual British / Irish nationals qualify for an EEA family permit?
This guidance is under review due to a case being referred to the Court of Justice of the European Union (formerly ECJ).

Please refer to ECCCAT for guidance.

http://www.ukvisas.gov.uk/en/ecg/eunationalsschemes/eeafamilypermit#22947092

thou i'm not aware of the out come of the case..

[brokenpieces]

Hi Sir Joe Bloggs..... What I exactly mean about that question is aren't those information for the EEA Nationals? Like They can continue living in the UK as long as they are qualified person. Which are those stated above to be the qualified person.

Isn't it for the EEA Nationals to maintain him/herself to uk not about applying for your family members?

Because what if the EEA National's family member will apply for Family permit and the EEA national and the Family member doesn't have enough savings not even 1000gbp all other requirements are there except for the savings, will it then be approved?

Thanks....

[brokenpieces]

Hello everyone any progress or answer to my question?

[Moy]

lets wait for the expert here:D hope the answer will arrive soon:Wave:

[brokenpieces]

:( no news

[Terpe]

British citizens living in UK are not EEA nationals for the purpose of the European rules. That means that their family members don't qualify and need to apply under the national rules.

There is a possible exception if the British citizen is exercising economic treaty rights in another EEA state whilst they and their family members live there.

If British citizens also have another EEA citizenship their family members can be granted EEA family permits and residence cards under the European rules.

However, any dual British/Irish citizens thinking of using this route should be reminded that The European Court of Justice has recently handed down it's ruling on this and has dismissed an appeal based on the case of McCarthy v Secretary of State for the Home Department -Case C-434/09

This means that dual nationals living in a country of their nationality who have never exercised free movement rights cannot rely on European rules.
At the moment the Home Office MAY grant EEA family permits and residence cards to family members of persons in this situation.
However, please note that the status granted is not legally held, it is solely policy decision by the Home Office and this could change anytime. Just now it's a totally unpredictable situation.
It really must still be worth the risk to apply, since there is no financial cost, but the waiting time is an unknown factor.

The EEA family permit is principally a "right" and so does not require any evidence of sufficient financial standing as is the case for UK Settlement Visa.

Hope I understood your questions correctly?
If not please let me know.