[sarahnz]

Hi

We're looking into the EEA Family Permit and have a couple of questions. We are currently living in NZ: I'm a NZ citizen, my partner is a British Citizen and we have two NZ born children. We have been living together for 10 years in the UK and NZ so will have no trouble proving a lasting relationship. We would like to spend a few months in France before moving permanently to the UK to improve our French language and fully immerse our children in French language (very hard to do in NZ!). It appears that an EEA Family Permit is the most appropriate option.

1. Is there a minimum requirement for the amount of time we would need to reside in France before moving to the UK to apply successfully?

2. Would the children be able to attend state school in the UK on a Family Permit?

3. I understand that the permit is for 6 months. Would the children and I have to leave the country to apply for another type of visa after this time?

4. Is there any minimum financial requirement or do you just need payslips of any kind for a certain period?

5. Do the payslips have to be with one employer for the whole time or can you undertake a series of short term positions?

Many thanks for your help!

 

[Joppa]

Hi

We're looking into the EEA Family Permit and have a couple of questions. We are currently living in NZ: I'm a NZ citizen, my partner is a British Citizen and we have two NZ born children. We have been living together for 10 years in the UK and NZ so will have no trouble proving a lasting relationship. We would like to spend a few months in France before moving permanently to the UK to improve our French language and fully immerse our children in French language (very hard to do in NZ!). It appears that an EEA Family Permit is the most appropriate option.

1. Is there a minimum requirement for the amount of time we would need to reside in France before moving to the UK to apply successfully?

No there isn't, though a minimum of 3 months, preferably 6 months is suggested. It isn't enough just to live in France. Your British partner must exercise economic treaty rights by working (being employed) or self-employed. This isn't easy if he isn't fluent in French and doesn't have skills and qualifications in demand and acceptable to the French. France has higher unemployment than UK. Working for a UK company with presence in France may be one way, or if he knows someone who can offer him a job, that may be another.

2. Would the children be able to attend state school in the UK on a Family Permit?

Probably, and definitely when you get residence card. If your partner is British otherwise than by descent (e.g. born in UK) and children were born on or after 1st July 2006, they are automatically British by descent. Those born before require parents' marriage. British children have no problem attending state schools.

3. I understand that the permit is for 6 months. Would the children and I have to leave the country to apply for another type of visa after this time?

You just apply for residence card on form EEA2 in UK. It costs £55 each.

4. Is there any minimum financial requirement or do you just need payslips of any kind for a certain period?

5. Do the payslips have to be with one employer for the whole time or can you undertake a series of short term positions?

If you are referring to employment in France, there isn't but clearly the job must be legit and proper, with contract and on payroll, not cash-in-hand casual work. The rules don't state you must work in one job, but your work record needs to be continuous and every one of them properly evidenced (not casual or transitory). There is no requirement for a job or job offer in UK in order to obtain EEA family permit or apply for residence card.

 

[sarahnz]

Thanks so much!

 

[Joppa]

Is any of my assumptions correct? Are your children British?

 

[sarahnz]

My partner is British by descent as he was born in NZ to British parents while they were on secondment in NZ. However, he returned to the UK with his parents at the age of 1 and lived there for 4 or 5 years before they emigrated permanently to NZ. I think I'm correct in understanding that this means we can register our children as British by descent due to my partner having lived in the UK for more than 3 years. What had decided not to register them as British by descent so that we could apply for them to be British once they had lived in the UK for 3 years.

If we were to register them as British by descent, would it make any difference to my immigration status?

 

[Joppa]

Not really, as you are trying to come under EU rules.

Registering now means their status remains for life, with repercussions for any of their children born abroad - Section 3(2) application.
Yes, I agree it's best to wait until they have lived in UK for 3 years (before turning 18) and get citizenship otherwise than by descent - Section 3(5) application. You are well informed!