2

I am a Portuguese citizen through descent. My son is also registered as a EU national. We stay in Goa as I am a computer teacher. I will be shifting to UK in December. I wish to travel with my son and wife. My wife though is from Goa, India. She is an Indian national. Can she get residency in UK as she has to look after my son when I work. Do I apply for family permit and take her with me ?? Or do I have to stay in UK for the initial right of residency and then apply after I'm a 'qualified' person...

2

You do not need to stay in the UK before your wife can join you; you can travel to the UK together. From https://www.gov.uk/family-permit/eligibility:

Applying as a family member or extended family member

The EEA citizen you’re joining must either:

  • be in the UK already
  • be travelling with you to the UK within 6 months of the date of your application

If they’ve been in the UK for more than 3 months they must either:

  • be a ‘qualified person’ (working, looking for work, self-employed, studying or self-sufficient)
  • have a permanent right of residence

Note that the requirement to be a qualified person exists only if you've been in the UK for more than three months.

If you search online you will see that some people have had EEA family permits refused because the sponsor was not a qualified person. These are either old stories, from when the UK was not properly honoring the EU directive, or they are incorrect refusals. If you receive such a refusal, you should complain so it can be corrected.

  • Do I need to apply for 2 family permits or just one? – Joyce Sep 13 '16 at 7:02
  • @Joyce why would you need 2? You and your son are both EU nationals, so you don't need EEA family permits. Your wife is Indian, so she needs one. – phoog Sep 13 '16 at 16:13
  • A website mentioned that I have to show some money in our joint account. To show that we won't be a social burden. Do you know the amount that has to be show on the bank slips? Also do I have to provide accommodation details – Joyce Sep 14 '16 at 21:08
  • @Joyce for the EEA family permit, you do not need to show finances or accommodation. Those may be required for people applying for family reunion under the UK immigration rules, but the EEA FP is controlled by EU law, and the requirements are different. That law only says that if you want to stay longer than 90 days, you need to be a qualified person, which you will be if you are working. – phoog Sep 15 '16 at 5:38
  • I'm going alone now as we have come across a financial hurdle. Do you have any idea about qualified person? I went to a agency here but there are charging £100 to even ask a question – Joyce Sep 15 '16 at 12:47

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.