Immigrationboards.com

chippo · Newbie Joined: 04 Feb 2010 Posts: 8

Hi,

I am Australian and married to a EEA National.
I am to begin studying in September at a UK university and I need a visa.
I can either go down the Tier 4 route or get the EEA Family Permit.
I have about 90% of my documents organised and have started the online application (I have saved it) for the EEA Family Permit.

[b][color=red]However, I spoke to my university (the admissions co-ordinator) today and they WARNED me not to get the EEA Family Permit because they have had experience in the past that I takes too long to process and that it was a RISK for me to do so.[/color][/b]

If I go for the Tier 4 way, I have to go home to Australia!

Should I not listen to them and continue to finish off the process?
Or, start all over again with the Tier 4.

Thanks

Ben

(I have heard that it takes 3-15 working days to process)

John · Posted: Mon Feb 08, 2010 8:49 pm Post subject:

chippo · Newbie Joined: 04 Feb 2010 Posts: 8

John · Posted: Mon Feb 08, 2010 10:23 pm Post subject:

Given that getting an EEA Family Permit is distinctly easier, quicker and cheaper, I conclude that the University is talking a "proverbial load of rubbish".

But given that you are a legal resident in Spain, either application, EEA Family Permit or Tier 4, can be made in Spain. You would not need to go back to Australia to apply.

As regards the application for EEA Family Permit, how would your wife be exercising her EU Treaty Rights in the UK? Employed? Self-employed, a student, or self-sufficient?
_________________
John

chippo · Newbie Joined: 04 Feb 2010 Posts: 8

John · Posted: Tue Feb 09, 2010 7:50 am Post subject:

Ben, you have clearly done your homework, and that list of evidence is, frankly, more than enough for the issue of an EEA Family Permit. In fact that list includes items that are not strictly needed, for example, there is no need for you to include anything regarding how you will be exercising your EU Treaty Rights in the UK. But no harm enclosing it anyway.

I make an additional point. Getting an EEA Family Permit, and later in the UK a Residence Card, absolves you from all restrictions that would apply under Tier 4. For example, if you want to work the proverbial 21 hours per week there is nothing to stop you, whereas under Tier 4 you could not work more than 20 hours per week in term-time. Also, and I am not suggesting that you would be absent from lectures etc. for the sake of it, but whilst your Tier 4 student colleagues are liable to be reported to UKBA if they are missing for more than 10 sessions, that would not apply to you.
_________________
John

chippo · Newbie Joined: 04 Feb 2010 Posts: 8

John,

the only thing we aren't sure about is, we don't have a definitive:
-contract that my wife will work, or
-a university acceptance letter for her, and
-payslips, showing income (she works in a hotel),
-a "vida laboural" (a record of her working experience).

Any ideas?

Many thanks,

Ben

86ti

John · Posted: Tue Feb 09, 2010 11:36 am Post subject:

Ben, no matter, she has not got to be exercising EU Treaty Rights when you apply for the EEA Family Permit. She just has to have the intention to do so within 3 months of arrival.

To later get the Residence Card in the UK, yes you will need to include proof that your wife is indeed exercising EU Treaty Rights in the UK.

Picking up on the point that 86ti makes, the EEA Family Permit is totally sufficient to show that you have the right to exercise EU Treaty Rights in the UK. That is, the University cannot insist upon you having a Residence Card.
_________________
John

chippo · Newbie Joined: 04 Feb 2010 Posts: 8

Thank you both 86ti and John. Both have giving me something to think about and resolved many issues!

Much appreciated.

Ben