Applying EEA FP for husband of a British national in Spain

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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Applying EEA FP for husband of a British national in Spain

Postby hanzoo » Tue Oct 18, 2011 9:09 am

We are in the process of applying for an EEA family permit for my Moroccan husband to accompany me to the UK to visit my family for Christmas. I am a British national living in Spain with my husband, to whom I have been married for over 4 years. We have already visited the UK on two previous occasions and my husband has already provided his biometric data to the UKBA on those occasions. We initiated the visa application at the beginning of October but there were no appointments available with the British Consulate in Madrid before the end of November. The sole purpose of the appointment is to provide the biometric data that is already on file again. We have booked an appointment for 24th November but given that it would seem that a high number of visa applications are being processed through Madrid and that the average processing time is 3 weeks I fear that we will not have the visa back in time for our visit. We would like to know what the best option is in future to ensure that we get a visa in good time before our trip. Due to the fact that the EEA family permit is only valid for 6 months, we could not apply too far in advance. The cost of the 2 and 5 year visitors’ visa is a little prohibitive but we would be prepared to pay for it if we knew for certain that if the visa was granted it would be for the full 2 or 5 year period. What are the chances that they would grant my husband a 5 year visa given that his current Spanish residency card (granted on the basis that he is married to an EU national) and Moroccan passport will expire in 2014? We looked into the longer visas, but no appointments are currently available with the Consulate in Madrid for the next three months (and even longer). There would appear to be no provision under the current immigration rules and procedures for people in our situation. I find the whole situation very frustrating and the attitude of the UKBA and foreign office officials means that I am unable to celebrate family occasions with my husband in the UK, which I believe is my right under article 8 of the ECHR. We do not intend to settle in the UK in the near future and merely wish to be able to visit my family.
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Postby Directive/2004/38/EC » Wed Oct 19, 2011 10:06 am

How are you traveling to the UK?

I would urge you to complain. See http://www.ukba.homeoffice.gov.uk/count ... %20English Do not focus on the human rights argument yet. Give a time line including when you booked your appointment and when you will be traveling. Explain that as the British citizen spouse is working in Spain, that you are entitled to your visa being issued on the basis of EU law "as soon as possible, and on the basis of an accelerated process". Explain that it is unacceptable that your application is not prioritized and that you may be forced to cancel your travel plans because of the action of the embassy. That if that happens you will both demand compensation and complain to the European Commission.

I would also complain NOW to Solvit: http://eumovement.wordpress.com/help-eu-solvit/
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Location: does not matter if you are with your EEA family member

Postby EUsmileWEallsmile » Wed Oct 19, 2011 7:35 pm

You need to keep at them. They are not meant to be allowed to prevent people getting the required visa - they are not facilitating you. That said, there should be time for a visa between the 24th of November. What's your travel date?

According to the directive, your husband does not require a visa to travel as he has a residence card. However, as you are probably aware the UK only recognises its own ones.

How far is Portugal, France or Morocco from where you are? Could you apply there? Would they be any quicker?

Your husband can now travel to Ireland visa free; have you considered having Christmas there?
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