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query re eligibility for applying EEA Family Permit

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  • LAWYER RESPONSE query re eligibility for applying EEA Family Permit

    I am an Irish national living in the UK.
    I want my brother(Indian national, living in India) to join in the UK via EEA Family Permit for extended family.

    I lived in UK for 2 months (Jan and Feb 2020) in rented apartment for a job.
    Then I came back to Dublin.
    On 21 Oct, I moved to Belfast,UK and living here since then.

    Am I eligible to apply for EEA Family Permit? I am asking because I have not lived continuously for 3 months in UK (EU exercising treaty rights clause) but total residence is 3 months. The periods are:
    6 Jan - 3 Mar 2020
    21 Oct - current

    Please let me know at the earliest.

    kind regards

  • #2
    Olga M (lawyer) Would you be able to comment on this?

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.


    • #3
      Yes you can apply under EEA Regulations. If all other conditions for extended family member are met. You have to exercise treaty rights around the date of application, if you do not have PR. You can stay in the UK for up to 3 months without exercising your treaty rights or you can start employment from day 1 and it will count.

      I am an Immigration Adviser and Director with Spectrum Visas LTD, authorised by the Office of Immigration Services Commissioner (OISC) to provide immigration advice and services. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Olga M for full details.