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Discussion Starter · #1 ·
Hi,

I am an Irish citizen living in Australia with my Australian partner and planning to move to the UK.
As I am an Irish citizen can we apply for a residence card rather than a EEA family permit for my partner? So as to bypass the 6 month EEA permit validity. Partner would like to work immediately on arrival and has more options with residence card.

Eligibility on gov.uk website says Non EU partner can apply for Residence Visa (from overseas) if EA national if a permanent resident (of UK), which as an Irish citizen, though not living in UK at the moment, I would consider I am, and that my status goes beyond that. But do I need to actually be living in the UK, or will the intention to move (flights booked, job searches etc), suffice.

Any advise would be extremely grateful.
Cheers,
 

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Expect up to a 6 month wait on the EEA residence card (though you will get a certificate of application when the application has been received, which can be used as proof of right-to-work). You probably have more leverage for right-to-work if you have the Family Permit first (though not all employers accept the EEA FP and may insist on at least the COA). You may also have trouble at the border if your Australian partner attempts to move to the UK with the intent to live/work, especially if you don't have a marriage certificate. An EEA FP application is free and usually only takes 10-15 days to receive, I would consider it a necessary document and there's little reason to bypass it.

As an Irish citizen you have the right to reside in the UK, but you're not a permanent resident until you have been living in the UK as a 'qualified person' under EU rules for five years and have a document certifying permanent residence. Irish nationality is a tricky subject and an Irish passport normally gives you settled status in the UK, but you're bringing your partner to the UK under EU rules, therefore your Irish passport is treated as any other non-British EU passport (according to my understanding and I'm open to correction)
 

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Discussion Starter · #3 ·
Thanks Clever-Octopus, everything i have read suggests EEA family permit is the easiest and quickest route.
We are just a little worried on demonstrating the ability to work to prospective employers of my partner.
One last question, can my partner apply for National Insurance Number as soon as we arrive? Seems that employers request this before even considering offering you a role. The quicker we had this number the better.

Thanks Again
 

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Your partner can apply for a NINo when they are in the UK and they have an EEA FP, or CoA from the residence card application. I am not sure if DWP universally accepts the EEA FP though, they may prefer the CoA, and that would require you to be a qualified person (usually via employment) before applying
 

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Discussion Starter · #5 ·
Thanks Clever-octopus.
i will be applying for work myself as soon as I arrive, in the first day or so, as I too am looking to begin working as soon as possible.
Provided I can 'prove' I am looking for work, Im sure this allows me to qualify as a qualified person for the purposes of my parter applying for the Residence card.

Is there any minimum time on EEA permit required before an application for RC can be submitted?
 

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No minimum time, as long as the EEA partner is exercising their EU treaty rights. As a jobseeker, you'll definitely want to include substantial evidence of your ability to be employed and jobseeking status
 
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