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EEA Family permit instead of Visitors Visa for the UK

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

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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noscirre1
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Posts: 3
Joined: Tue Jul 10, 2012 11:11 am

EEA Family permit instead of Visitors Visa for the UK

Post by noscirre1 » Thu Jul 26, 2012 8:52 am

Hi All

My mother, who is an Indian national intends to visit me (British) here in the UK for 6 weeks, accompanied by my Dad, who is Portuguese. They are currently based in India.

My mother applied for an EEA Family permit today at the VFS in Bombay on the basis of her marriage to my Dad (been married 37 years). However, on application, the VFS personnel told her that she has applied for the wrong entry clearance, and that she should apply for a visitors visa. They informed her that the EEA Family permit route is for those whose EEA spouse is already based in the UK. Having no other option, she decided to lodge her EEA application any way.

Now, I've read through the guidelines for EEA Family permits on the UKBA website and come across this:
http://www.ukba.homeoffice.gov.uk/polic ... /eun/eun2/
If a family member who is travelling with, or is to join the EEA national in the UK requests a visit visa under the Immigration Rules, you should offer him (or her) the option of applying for a family permit under EC law free of charge.
Surely, my mother has done the right thing in applying for an EEA Family permit rather than a visitors visa? She will be travelling to the UK and back with my Dad, so I can't see why she was asked to file a VV application.

Any thoughts on this would be much appreciated.

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 9:30 am
Location: Brasil

Re: EEA Family permit instead of Visitors Visa for the UK

Post by Lucapooka » Thu Jul 26, 2012 8:57 am

As usual, the people at the VFS in India are completely wrong. They should not be giving immigration advice and are, indeed, not permitted to give it; epecially when it is totally incorrect information. Please complain about your experience directly to the BHC otherwise nothing will ever change.

mcovet
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Posts: 494
Joined: Thu Mar 25, 2010 2:00 pm

Post by mcovet » Thu Jul 26, 2012 10:34 am

They r right, only family members of eea nationals (not brits) can apply on family permit applications, ur mom should apply under visitor visa rules and pay the fee.

fysicus
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Posts: 767
Joined: Sat May 17, 2008 9:04 am
Location: England
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Post by fysicus » Thu Jul 26, 2012 10:46 am

mcovet wrote:They r right, only family members of eea nationals (not brits) can apply on family permit applications, ur mom should apply under visitor visa rules and pay the fee.
Please read the original post carefully, and you will see that this thread is about the spouse of a Portuguese national, and therefore fully entitled to an EEA Family Permit (to accompany her spouse)!
That noscirre1 (her daughter) has British nationality may have put you on the wrong foot, but is irrelevant in this context.

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 7:22 pm

Re: EEA Family permit instead of Visitors Visa for the UK

Post by EUsmileWEallsmile » Thu Jul 26, 2012 7:29 pm

noscirre1 wrote:Hi All

My mother, who is an Indian national intends to visit me (British) here in the UK for 6 weeks, accompanied by my Dad, who is Portuguese. They are currently based in India.

My mother applied for an EEA Family permit today at the VFS in Bombay on the basis of her marriage to my Dad (been married 37 years). However, on application, the VFS personnel told her that she has applied for the wrong entry clearance, and that she should apply for a visitors visa. They informed her that the EEA Family permit route is for those whose EEA spouse is already based in the UK. Having no other option, she decided to lodge her EEA application any way.

Now, I've read through the guidelines for EEA Family permits on the UKBA website and come across this:
http://www.ukba.homeoffice.gov.uk/polic ... /eun/eun2/
If a family member who is travelling with, or is to join the EEA national in the UK requests a visit visa under the Immigration Rules, you should offer him (or her) the option of applying for a family permit under EC law free of charge.
Surely, my mother has done the right thing in applying for an EEA Family permit rather than a visitors visa? She will be travelling to the UK and back with my Dad, so I can't see why she was asked to file a VV application.

Any thoughts on this would be much appreciated.
I take it that she did apply for a family permit in the end and didn't take no for an answer.

She is entitled to apply in case you have any doubts.

Was she charged any money?

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