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...
1 Answer
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.
-
-
@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.– phoogCommented Sep 13, 2016 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– JoyceCommented Sep 14, 2016 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.– phoogCommented Sep 15, 2016 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– JoyceCommented Sep 15, 2016 at 12:47