(European Economic Area) Regulations 2006

[brokenpieces]

(b)the family member will be accompanying the EEA national to the United Kingdom or joining him there and—


(i)is lawfully resident in an EEA State; or

(ii)would meet the requirements in the immigration rules (other than those relating to entry clearance) for leave to enter the United Kingdom as the family member of the EEA national or, in the case of direct descendants or dependent direct relatives in the ascending line of his spouse or his civil partner, as the family member of his spouse or his civil partner, were the EEA national or the spouse or civil partner a person present and settled in the United Kingdom.


HELP!!!

Can someone explain what does b(ii) means!!!
Thanks

[brokenpieces]

OH WELL THIS IS THE WHOLE COPY OF THAT FIRST POST,I DON'T UNDERSTAND WHAT THE b(ii) means Help


Issue of EEA family permit

12.—(1) An entry clearance officer must issue an EEA family permit to a person who applies for one if the person is a family member of an EEA national and—

(a)the EEA national—

(i)is residing in the UK in accordance with these Regulations; or

(ii)will be travelling to the United Kingdom within six months of the date of the application and will be an EEA national residing in the United Kingdom in accordance with these Regulations on arrival in the United Kingdom; and

(b)the family member will be accompanying the EEA national to the United Kingdom or joining him there and—

(i)is lawfully resident in an EEA State; or

(ii)would meet the requirements in the immigration rules (other than those relating to entry clearance) for leave to enter the United Kingdom as the family member of the EEA national or, in the case of direct descendants or dependent direct relatives in the ascending line of his spouse or his civil partner, as the family member of his spouse or his civil partner, were the EEA national or the spouse or civil partner a person present and settled in the United Kingdom.

[brokenpieces]

Can someone also explain b(i) what do they mean by "is lawfully resident in an EEA State" are they referring to the EEA national being resident of any EEA state or are they referring to the Non-EEA family ?

[Bluebirdjones]

I think ..... and I'm sure others will correct me if I'm wrong...

For example, if your husband is Polish, or German, or French etc (anyone from a full EEA state), then if he decides to settle in the UK, then his wife, no matter what her nationality, is allowed to join him (as long as she already has leave to stay in his home country).

I think it's easier if you briefly outline your situation, then the question becomes easier to answer.

[Terpe]

brokenpieces,
Hopefully I answered your questions here:-
http://filipinaroses.com/showthread....o-be-like-this

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.

[brokenpieces]

Hello Terpe,

thanks for responding I understand what you mean and I have read it many times and a lot of people from this forum specially JoeBloggs explained it to me about the EEA Permit that Financial status or healthy bank statement is not required, and yet to the UKBA supporting documents they are still requiring it that you provide your bank statement and I am just worried because there are still a lot of those who have the requirements and yet failed on the financial part even if they are applying for EEA permit that's why even if they said that from the lawcentre it seems that the home office does not comply to that I dunno and about the above question I saw that from the articles of EU legislations I just want to see to which category I fall from those....

My husband is Lithuanian and he has a full time job but he doesn't have enough savings like what those solicitors that I have inquired with mentioned to satisfy the home office that we are not going to recourse to public funds, so I am not sure how are we going to prove to them that we are not going to recourse.... because even if my husband has a fulltime job he doesn't have the savings they mentioned the last solicitors firm I talked with mentioned about 2,500 from his salaray savings....... well we have problems from one to another... but now we are hoping that he will be able to start .... I am confused about their articles about this one :

http://www.legislation.gov.uk/uksi/2...061003_en..pdf

The resources of the person concerned and, where applicable, any family members are to be regarded as sufficient if they exceed the maximum level of resources which a UK national and his family members may possess if he is to become eligible for social assistance under the UK benefit system.


So i have to be sufficient like the Uk nationals? well that can't be coz am not working and even if I will be the peso is not much for a sterling what is enough here or even more here is not good enough there so how am I suppose to be regarded as sufficient.............

so this seems to be contradicting this --> http://www.lawcentreni.org/EoR/immig...gulations.html



wahhhhhh :(


it is like I have to be sufficient to prove that I will not recourse to the public funds... the thing is I am not working and even if I am working the peso doesn't much to sterling.... the enough and much here is not much there how am I suppose to be sufficient... but I am thinking if it is going to be okay if for example I have an aunt that will declare a sponsorship for me maybe that will suffice even if i don't have work.... though am not sure if she has a good bank account at this time but well she's in the USA truthfully she's supporting me as am not working at the moment.....

[brokenpieces]

I am just so sad because i can't help my husband if am with him I can help him work .. he has to drop university and do a full time job for this stuff so i can go there but problems keep coming so no savings has been saved... because of this he already missed 2 years of university since he can't go back this year we stiill have this bank statement issue.....

[brokenpieces]

thank you for helping and responding this forum has been very helpful thanks terpe... well but I dunno what will happen to us(me and husband) bout this issue...

[brokenpieces]

thanks to bluebird as well

[brokenpieces]

THIS IS THE COPY::: OF WHAT I MENTIONED ABOUT the bank statement... maybe I misunderstood hmmm explain please.....


Immigration

The Immigration (European Economic Area) (Amendment) Regulations 2011
Made
9th May 2011
Laid before Parliament
12th May 2011
Coming into force
2nd June 2011
The Secretary of State, being a Minister designated(1) for the purpose of section 2(2) of the European Communities Act 1972(2) in relation to measures relating to rights of entry into, and residence in, the United Kingdom, in exercise of the powers conferred by that section makes the following Regulations:
.Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Immigration (European Economic Area) (Amendment) Regulations 2011 and shall come into force on 2 June 2011.

(2) In these Regulations, “the 2006 Regulations” means the Immigration (European Economic Area) Regulations 2006(3).

Amendment of the 2006 Regulations
2.—(1) The 2006 Regulations are amended as follows.

(2) In regulation 4, for paragraph (4) substitute—

“(4) For the purposes of paragraphs (1)(c) and (d) and paragraphs (2) and (3), the resources of the person concerned and, where applicable, any family members, are to be regarded as sufficient if —

(a)they exceed the maximum level of resources which a United Kingdom national and his family members may possess if he is to become eligible for social assistance under the United Kingdom benefit system; or.
(b)paragraph (a) does not apply but, taking into account the personal situation of the person concerned and, where applicable, any family members, it appears to the decision maker that the resources of the person or persons concerned should be regarded as sufficient.”.
(3) In regulation 8, at paragraph 2(a) for “an EEA State” substitute “a country other than the United Kingdom”.

(4) In regulation 12, for paragraph (1)(b) substitute—

“(b)the family member will be accompanying the EEA national to the United Kingdom or joining the EEA national there.”..
Damian Green
Minister of State
Home Office
9th May 2011

[brokenpieces]

Here is more:

Until June 2 2011 Regulation 12 (Issue of family permit) provided:

(1) An entry clearance officer must issue an EEA family permit to a person who applies for one if the person is a family member of an EEA national and-

(a) the EEA national-

(i) is residing in the UK in accordance with these Regulations; or

(ii) will be travelling to the United Kingdom within six months of the date of the application and will be an EEA national residing in the United Kingdom in accordance with these Regulations on arrival in the United Kingdom; and

(b) the family member will be accompanying the EEA national to the United Kingdom or joining him there and-

(i) is lawfully resident in an EEA State; or

(ii) would meet the requirements in the immigration rules (other than those relating to entry clearance) for leave to enter the United Kingdom as the family member of the EEA national or, in the case of direct descendants or dependent direct relatives in the ascending line of his spouse or his civil partner, as the family member of his spouse or his civil partner, were the EEA national or the spouse or civil partner a person present and settled in the United Kingdom.

Now the whole of sub regulation (b) is replaced by:


(b) the family member will be accompanying the EEA national to the United Kingdom or joining the EEA national there. "

The amendment regulations also include the meaning of "sufficient resources" in the Regulations themselves. This is relevant to people who apply under the Immigration (European Economic Area) Regulations 2006 for appropriate documents to show that they are entitled to live in the UK as "self sufficient persons" or as students or as the family members of such people.

This is done by the following change to Regulation 4:

"(4) For the purposes of paragraphs (1)(c) and (d) and paragraphs (2) and (3), the resources of the person concerned and, where applicable, any family members, are to be regarded as sufficient if -

(a) they exceed the maximum level of resources which a United Kingdom national and his family members may possess if he is to become eligible for social assistance under the United Kingdom benefit system; or

(b) paragraph (a) does not apply but, taking into account the personal situation of the person concerned and, where applicable, any family members, it appears to the decision maker that the resources of the person or persons concerned should be regarded as sufficient. "

So to have sufficient resources you have to show that you have as much funds as you and your family would be entitled to receive if you were in receipt of income support and other related benefits. This requirement is not however mandatory, and the Secretary of State retains a discretion to permit people to stay where she or he thinks that the resources concerned are adequate even if they don't meet this test.

Anyone to whom the complex provisions of the Immigration (European Economic Area) Regulations 2006 may apply is strongly advised to obtain professional legal advice prior to making any application to the United Kingdom Border Agency or to its overseas posts.

[brokenpieces]

Here is more:

Until June 2 2011 Regulation 12 (Issue of family permit) provided:

(1) An entry clearance officer must issue an EEA family permit to a person who applies for one if the person is a family member of an EEA national and-

(a) the EEA national-

(i) is residing in the UK in accordance with these Regulations; or

(ii) will be travelling to the United Kingdom within six months of the date of the application and will be an EEA national residing in the United Kingdom in accordance with these Regulations on arrival in the United Kingdom; and

(b) the family member will be accompanying the EEA national to the United Kingdom or joining him there and-

(i) is lawfully resident in an EEA State; or

(ii) would meet the requirements in the immigration rules (other than those relating to entry clearance) for leave to enter the United Kingdom as the family member of the EEA national or, in the case of direct descendants or dependent direct relatives in the ascending line of his spouse or his civil partner, as the family member of his spouse or his civil partner, were the EEA national or the spouse or civil partner a person present and settled in the United Kingdom.

Now the whole of sub regulation (b) is replaced by:


(b) the family member will be accompanying the EEA national to the United Kingdom or joining the EEA national there. "

The amendment regulations also include the meaning of "sufficient resources" in the Regulations themselves. This is relevant to people who apply under the Immigration (European Economic Area) Regulations 2006 for appropriate documents to show that they are entitled to live in the UK as "self sufficient persons" or as students or as the family members of such people.

This is done by the following change to Regulation 4:

"(4) For the purposes of paragraphs (1)(c) and (d) and paragraphs (2) and (3), the resources of the person concerned and, where applicable, any family members, are to be regarded as sufficient if -

(a) they exceed the maximum level of resources which a United Kingdom national and his family members may possess if he is to become eligible for social assistance under the United Kingdom benefit system; or

(b) paragraph (a) does not apply but, taking into account the personal situation of the person concerned and, where applicable, any family members, it appears to the decision maker that the resources of the person or persons concerned should be regarded as sufficient. "

So to have sufficient resources you have to show that you have as much funds as you and your family would be entitled to receive if you were in receipt of income support and other related benefits. This requirement is not however mandatory, and the Secretary of State retains a discretion to permit people to stay where she or he thinks that the resources concerned are adequate even if they don't meet this test.

Anyone to whom the complex provisions of the Immigration (European Economic Area) Regulations 2006 may apply is strongly advised to obtain professional legal advice prior to making any application to the United Kingdom Border Agency or to its overseas posts.

[brokenpieces]

okay experts more explanation .... let's trim this......

[joebloggs]

sorry dont have time to read it, i'm at work, if your jusband is exercising his treaty rights by being employed in another EU country, he shouldn't have a problem getting a family permit for you.,

sorry cant remember, are you married, what country is your partner from ??

[brokenpieces]

I am married to a Lithuanian, we only met twice Last April and August 2010. But when it comes to communication we have communication everyday and since 2009.

[scott&ligaya]

So what are the rules for him bringing you to Lithuana 1st, establishing yourselves there and then seeking entry to the UK? To be honest with you there is already quite a lot of resentment in the UK towards EU immigration and it may be that our own government are actually trying to toughen up where it can and even if you come here you may find some of that resentment I am mentioning.

[joebloggs]

its probably a lot eaiser to bring you to the UK than Lithuania, like i said your husband has virtually a legal right to bring you as a family member to the UK, you've more chance of getting a family permit than you have a spouse visa , more chance than many of us brits.

[brokenpieces]

I really hope so If we will pay a solicitor's firm to help us might just end up more overdrawing my account and his.... I was thinking of that seeking help with solicitor to assist us and guide us with the application but the fee is 700gbp that's the starting point well who knows how much more they gonna add unless I can ask them and they can guarantee it is only upto that 700 nothing more...

[joebloggs]

£700 better having it in his bank account, like i keep telling you, its difficult to refuse a family permit, his savings should not really come into it, as long as he is working, you shouldn't have a problem.

[brokenpieces]

now am worried bout this thing going on in London and the changes that keeps going on immigration... I hope that those crisis won't affect our future application by the way I have read from the threads that global visas is a scam but I can't ask any questions or post in that thread since it is closed so can anyone else confirm if this is the one that person is saying http://www...........s.com/ is this the gloval visa that is a scam?