Can You Get An Eea Family Permit Twice

[totlanh]

Hi,

Myself and my Vietnamee wife are exploring the possability of moving to Vietnam to live.At present she resides in Belfast with me and our daughter and she has a eea residence permit.,my daughter a British passport.Should we leave and live in Vietnam for say 1 year and decide to return would it prove difficult to get another EEA family permit??Methinks Scouse would be the best one to answer this however any other advise is obviously welcome

[the scouser]

Having been born, presumably, in Northern Ireland and thereby having an entitlement to Irish citizenship, you will always retain that. Therefore, if you're abroad when your wife's residence permit expires, she can always apply for a new family permit.

Scouse.

[totlanh]

Having been born, presumably, in Northern Ireland and thereby having an entitlement to Irish citizenship, you will always retain that. Therefore, if you're abroad when your wife's residence permit expires, she can always apply for a new family permit.

Scouse.

Thanks Scouse,but tell me this if we were to go to Vietnam for 1 year and her present residence permit is still in date can she still use it.Its valid until Nov 2009.I thought though there was a stipulation which decreed that if the holder was out of the country for a certain period it would become obsolete.(?)

[londonthai]

we applied for the family permit twice - the second time the consulate clerk asked why we did not apply for the residency card in the UK. After explanation that we did not know about that option the new permit was granted on the day.

we will be applying for the permit for the 3rd time (this time in thailand - the previous once 2 we get inside the EU, but they were only for 6 months each) - for another 2 tears. The problem with us for applying for the residency card is that my wife travels in and out of the UK often and the present waiting que for the permit is 7 months (as well as it costs some £500).

the minimum stay in the country (Ireland) would be needed when applying for the irish citisenship

[vinny]

as well as it costs some £500

See Applying:

How to apply under European Law

There is no charge for applications under European law. All application forms are available on this website.

Edited September 7, 2007 by vinny

[the scouser]

Having been born, presumably, in Northern Ireland and thereby having an entitlement to Irish citizenship, you will always retain that. Therefore, if you're abroad when your wife's residence permit expires, she can always apply for a new family permit.

Scouse.

Thanks Scouse,but tell me this if we were to go to Vietnam for 1 year and her present residence permit is still in date can she still use it.Its valid until Nov 2009.I thought though there was a stipulation which decreed that if the holder was out of the country for a certain period it would become obsolete.(?)

Providing that you're still married and you will either already be in the UK or travelling with your wife, the residence permit will remain valid.

Scouse.

[totlanh]

Hi Scouse,

it is looking increasingly likely that we shall be going to Vietnam for a year in December.I am however still concerned that her residence permit(valid until Nov 2009)will still be accepted as i read that if im out of the country for a period exceeding 183 days this could be constrewed as i have left the UK permantly and if this is the case does my wife then lose her right to reside in the UK?

Thanks

[the scouser]

When you re-enter the UK, providing you are still an EEA national, a qualified person and married, your wife will have no problem.

Scouse.

[totlanh]

When you say qualified you mean what exactly?Thanks for your peromt reply btw

[the scouser]

From the relevant legislation:-

“Qualified person”

6.—(1) In these Regulations, “qualified person” means a person who is an EEA national and in

the United Kingdom as—

(a) a jobseeker;

( a worker;

© a self-employed person;

(d) a self-sufficient person; or

(e) a student.

Scouse.

[totlanh]

From the relevant legislation:-

“Qualified person”

6.—(1) In these Regulations, “qualified person” means a person who is an EEA national and in

the United Kingdom as—

(a) a jobseeker;

( a worker;

© a self-employed person;

(d) a self-sufficient person; or

(e) a student.

Scouse.

Thanks scouse,do you have the smiley beside worker to denote that i have to be.If so im in the shit coz i will be returning to no job.Will THIS be a problem?You can see im a worrier

[the scouser]

You can see im a worrier

I expect nothing more than gloom and despondency from a (Northern) Irishman: it's what comes of living in a place where it pours down 80% of the time and is permanently brass monkeys.

As you can see from the list above, you don't need to be in employment in order to be considered a qualified person. Providing that you are either looking for work upon your return, or have sufficient resources of your own, you will remain construed as "qualified". I would, however, re-enter the UK on your Irish passport and not the British one.

Scouse.

[totlanh]

You can see im a worrier

I expect nothing more than gloom and despondency from a (Northern) Irishman: it's what comes of living in a place where it pours down 80% of the time and is permanently brass monkeys.

As you can see from the list above, you don't need to be in employment in order to be considered a qualified person. Providing that you are either looking for work upon your return, or have sufficient resources of your own, you will remain construed as "qualified". I would, however, re-enter the UK on your Irish passport and not the British one.

Scouse.

Scouse mate i take issue when you say it rains 80%of the time more like 90!!Why do you think i want to get the hel_l out of the place .Anyhow pal thanks again for your help you,re a daimond