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US to UK EEA Family Permit Confusion

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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RubGue
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US to UK EEA Family Permit Confusion

Post by RubGue » Wed Oct 23, 2019 11:57 pm

Hello, so I'm completely confused by this process as I'm struggling to put things together. So my wife(UK citizen) came down here on an ESTA, during that time we married in April. She went back to Northern Ireland, so I'm trying to come down there. I applied for the EEA FP, sent in the documents they asked. Sept. 21st I received an email saying my application is being prepared for an entry clearance officer. I've forgotten when my documents came back(the packaging has a sticker with my reference number and the time stamp Sept 18) all my documents were there, but no confirmation letter. I've read up with conflicting statements, such as: recieving a letter with their documents, getting a letter after their documents, or recieving an email(rejection). So in short I sent my documents in, got them back with no answer of confirming or deny my application. Any thoughts will be much appreciated.

PS: I also have heard, on this forum, of another process. By going to the UK with the documents and my wife and I going to the Immigration queue to get a stamp on my passport for me to work and stay in the UK. Also trying to get a residency card. Also unsure if BREXIT will change how things are done.

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Re: US to UK EEA Family Permit Confusion

Post by Casa » Thu Oct 24, 2019 2:12 am

Unless your wife has been exercising her Treaty rights in another EU country, as she is a British citizen you don't qualify for an EEA Family permit.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: US to UK EEA Family Permit Confusion

Post by RubGue » Thu Oct 24, 2019 2:30 am

Thank you for the reply, but what exactly would be the best course of action for me?

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Re: US to UK EEA Family Permit Confusion

Post by iwolga » Thu Oct 24, 2019 6:44 am

RubGue wrote:
Thu Oct 24, 2019 2:30 am
Thank you for the reply, but what exactly would be the best course of action for me?
If Casa is right in the assumptions, then EEA route and Brexit are not relevant to you. You will need to apply using UK immigration rules as the spouse of British national. It is important that your wife meets the requirements for annual salary (should be more than 19k pounds apporx). There are also some pretty high fees involved in this type of application.

https://www.gov.uk/uk-family-visa/partner-spouse

As you are not visa national, you can apply both outside and in the UK.

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Re: US to UK EEA Family Permit Confusion

Post by Casa » Thu Oct 24, 2019 6:54 am

iwolga wrote:
Thu Oct 24, 2019 6:44 am
RubGue wrote:
Thu Oct 24, 2019 2:30 am
Thank you for the reply, but what exactly would be the best course of action for me?
https://www.gov.uk/uk-family-visa/partner-spouse

As you are not visa national, you can apply both outside and in the UK.
Incorrect! It is NOT possible to apply for a Spouse Settlement visa from within the UK while here as a visitor.
This would be a VERY costly mistake to make. :!:

Your wife needs an annual income of £18,600 or with earnings, £62,500 in savings which have been held in an accessible account for a minimum of 6 months. Your income in the US won't be considered, but savings can be held jointly.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: US to UK EEA Family Permit Confusion

Post by iwolga » Thu Oct 24, 2019 7:10 am

Casa wrote:
Thu Oct 24, 2019 6:54 am
iwolga wrote:
Thu Oct 24, 2019 6:44 am
RubGue wrote:
Thu Oct 24, 2019 2:30 am
Thank you for the reply, but what exactly would be the best course of action for me?
https://www.gov.uk/uk-family-visa/partner-spouse

As you are not visa national, you can apply both outside and in the UK.
Incorrect! It is NOT possible to apply for a Spouse Settlement visa from within the UK while here as a visitor.
This would be a VERY costly mistake to make. :!:

Your wife needs an annual income of £18,600 or with earnings, £62,500 in savings which have been held in an accessible account for a minimum of 6 months. Your income in the US won't be considered, but savings can be held jointly.
Ow, my apologies if I'm misreading the gov website but it seem to be offering this route.

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Re: US to UK EEA Family Permit Confusion

Post by CR001 » Thu Oct 24, 2019 7:19 am

iwolga wrote:
Thu Oct 24, 2019 7:10 am
Casa wrote:
Thu Oct 24, 2019 6:54 am
iwolga wrote:
Thu Oct 24, 2019 6:44 am
RubGue wrote:
Thu Oct 24, 2019 2:30 am
Thank you for the reply, but what exactly would be the best course of action for me?
https://www.gov.uk/uk-family-visa/partner-spouse

As you are not visa national, you can apply both outside and in the UK.
Incorrect! It is NOT possible to apply for a Spouse Settlement visa from within the UK while here as a visitor.
This would be a VERY costly mistake to make. :!:

Your wife needs an annual income of £18,600 or with earnings, £62,500 in savings which have been held in an accessible account for a minimum of 6 months. Your income in the US won't be considered, but savings can be held jointly.
Ow, my apologies if I'm misreading the gov website but it seem to be offering this route.
Only possible to switch within the UK if a person comes to the UK on a 6 month fiance visa, which is also a settlement visa category visa.

Visitors cannot switch within the UK. It will be refused.
Char (CR001 not Casa)
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Re: US to UK EEA Family Permit Confusion

Post by RubGue » Thu Oct 24, 2019 11:25 am

CR001 wrote:
Thu Oct 24, 2019 7:19 am
iwolga wrote:
Thu Oct 24, 2019 7:10 am
Casa wrote:
Thu Oct 24, 2019 6:54 am
iwolga wrote:
Thu Oct 24, 2019 6:44 am


https://www.gov.uk/uk-family-visa/partner-spouse

As you are not visa national, you can apply both outside and in the UK.
Incorrect! It is NOT possible to apply for a Spouse Settlement visa from within the UK while here as a visitor.
This would be a VERY costly mistake to make. :!:

Your wife needs an annual income of £18,600 or with earnings, £62,500 in savings which have been held in an accessible account for a minimum of 6 months. Your income in the US won't be considered, but savings can be held jointly.
Ow, my apologies if I'm misreading the gov website but it seem to be offering this route.
Only possible to switch within the UK if a person comes to the UK on a 6 month fiance visa, which is also a settlement visa category visa.

Visitors cannot switch within the UK. It will be refused.
So the only way for me to be there is if she has a specific amount of money in her account and paying for fees? There is no other easier way? Which I'm confused by since I actually was eligible for the EEA FP so I don't understand the 180.

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Re: US to UK EEA Family Permit Confusion

Post by CR001 » Thu Oct 24, 2019 11:28 am

RubGue wrote:
Thu Oct 24, 2019 11:25 am
CR001 wrote:
Thu Oct 24, 2019 7:19 am
iwolga wrote:
Thu Oct 24, 2019 7:10 am
Casa wrote:
Thu Oct 24, 2019 6:54 am


Incorrect! It is NOT possible to apply for a Spouse Settlement visa from within the UK while here as a visitor.
This would be a VERY costly mistake to make. :!:

Your wife needs an annual income of £18,600 or with earnings, £62,500 in savings which have been held in an accessible account for a minimum of 6 months. Your income in the US won't be considered, but savings can be held jointly.
Ow, my apologies if I'm misreading the gov website but it seem to be offering this route.
Only possible to switch within the UK if a person comes to the UK on a 6 month fiance visa, which is also a settlement visa category visa.

Visitors cannot switch within the UK. It will be refused.
So the only way for me to be there is if she has a specific amount of money in her account and paying for fees? There is no other easier way? Which I'm confused by since I actually was eligible for the EEA FP so I don't understand the 180.
How do you believe you are eligible for the EEA FP if your partner is British and living in the UK?

You would only qualify if your partner AND yourself were in another EU state of which your partner is NOT a citizen and you were both returning to the UK after the British citizen exercising treating rights in the other EU state.

Northern Ireland is part of the UK and is your partner is only British, then the UK immigration rules apply and not the EEA rules.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: US to UK EEA Family Permit Confusion

Post by RubGue » Thu Oct 24, 2019 11:34 am

CR001 wrote:
Thu Oct 24, 2019 11:28 am
RubGue wrote:
Thu Oct 24, 2019 11:25 am
CR001 wrote:
Thu Oct 24, 2019 7:19 am
iwolga wrote:
Thu Oct 24, 2019 7:10 am


Ow, my apologies if I'm misreading the gov website but it seem to be offering this route.
Only possible to switch within the UK if a person comes to the UK on a 6 month fiance visa, which is also a settlement visa category visa.

Visitors cannot switch within the UK. It will be refused.
So the only way for me to be there is if she has a specific amount of money in her account and paying for fees? There is no other easier way? Which I'm confused by since I actually was eligible for the EEA FP so I don't understand the 180.
How do you believe you are eligible for the EEA FP if your partner is British and living in the UK?

You would only qualify if your partner AND yourself were in another EU state of which your partner is NOT a citizen and you were both returning to the UK after the British citizen exercising treating rights in the other EU state.

Northern Ireland is part of the UK and is your partner is only British, then the UK immigration rules apply and not the EEA rules.
Oh, okay I understand now, just from the website it looked like it was saying something else so my misunderstanding. So again there is no easier way to live with her being her husband? She's unable to make that much and the whole long distance is rough. As I said in the OP someone mentioned in another forum: I could fly down, with my documents, my wife and I go into the UKs immigration office and I get a stamp on my passport allowing me to stay.

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Re: US to UK EEA Family Permit Confusion

Post by Zerubbabel » Thu Oct 24, 2019 11:39 am

RubGue wrote:
Wed Oct 23, 2019 11:57 pm
Hello, so I'm completely confused by this process as I'm struggling to put things together. So my wife(UK citizen) came down here on an ESTA, during that time we married in April. She went back to Northern Ireland, so I'm trying to come down there. I applied for the EEA FP, sent in the documents they asked. Sept. 21st I received an email saying my application is being prepared for an entry clearance officer. I've forgotten when my documents came back(the packaging has a sticker with my reference number and the time stamp Sept 18) all my documents were there, but no confirmation letter. I've read up with conflicting statements, such as: recieving a letter with their documents, getting a letter after their documents, or recieving an email(rejection). So in short I sent my documents in, got them back with no answer of confirming or deny my application. Any thoughts will be much appreciated.

PS: I also have heard, on this forum, of another process. By going to the UK with the documents and my wife and I going to the Immigration queue to get a stamp on my passport for me to work and stay in the UK. Also trying to get a residency card. Also unsure if BREXIT will change how things are done.

Your EEA application will be refused in due course. As we are heading to the Brexit, they are a bit overwhlmed by EEA applications and, for political reasons, they look twice before they refuse them. But as you don't meet the eligibility criteria, the refusal is a certain outcome here.

As simple rule, no EEA citizen is considered as an EEA citizen in his/her own country when it comes to immigration. There are some exceptions but they don't seem to be founded in your case.

You need to go through the UK routes. These routes won't be affected by the Brexit. You have to apply from the US.

Your wife has to show a proof of income of: £18600 min. If she earns less, it's possible to compensate with savings held individually or conjointly. If you feel this can help, I can publish the table.

Being married, even with kids, doesn't give automatic immigration rights in the UK. Most applications are successful, but it's important to build a strong case from the beginning.

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Re: US to UK EEA Family Permit Confusion

Post by CR001 » Thu Oct 24, 2019 11:40 am

As I said in the OP someone mentioned in another forum: I could fly down, with my documents, my wife and I go into the UKs immigration office and I get a stamp on my passport allowing me to stay.
Unfortunately not. This is relevant to the Republic of Ireland or returning form another EU state to the UK with your British spouse as explained and not to the UK if your spouse is British and only lived in the UK.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: US to UK EEA Family Permit Confusion

Post by RubGue » Thu Oct 24, 2019 11:46 am

Zerubbabel wrote:
Thu Oct 24, 2019 11:39 am
RubGue wrote:
Wed Oct 23, 2019 11:57 pm
Hello, so I'm completely confused by this process as I'm struggling to put things together. So my wife(UK citizen) came down here on an ESTA, during that time we married in April. She went back to Northern Ireland, so I'm trying to come down there. I applied for the EEA FP, sent in the documents they asked. Sept. 21st I received an email saying my application is being prepared for an entry clearance officer. I've forgotten when my documents came back(the packaging has a sticker with my reference number and the time stamp Sept 18) all my documents were there, but no confirmation letter. I've read up with conflicting statements, such as: recieving a letter with their documents, getting a letter after their documents, or recieving an email(rejection). So in short I sent my documents in, got them back with no answer of confirming or deny my application. Any thoughts will be much appreciated.

PS: I also have heard, on this forum, of another process. By going to the UK with the documents and my wife and I going to the Immigration queue to get a stamp on my passport for me to work and stay in the UK. Also trying to get a residency card. Also unsure if BREXIT will change how things are done.

Your EEA application will be refused in due course. As we are heading to the Brexit, they are a bit overwhlmed by EEA applications and, for political reasons, they look twice before they refuse them. But as you don't meet the eligibility criteria, the refusal is a certain outcome here.

As simple rule, no EEA citizen is considered as an EEA citizen in his/her own country when it comes to immigration. There are some exceptions but they don't seem to be founded in your case.

You need to go through the UK routes. These routes won't be affected by the Brexit. You have to apply from the US.

Your wife has to show a proof of income of: £18600 min. If she earns less, it's possible to compensate with savings held individually or conjointly. If you feel this can help, I can publish the table.

Being married, even with kids, doesn't give automatic immigration rights in the UK. Most applications are successful, but it's important to build a strong case from the beginning.
Okay thanks for all the info, annoying that it comes down to money we simply don't have I suppose that would be the only option at this point.

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Re: US to UK EEA Family Permit Confusion

Post by iwolga » Thu Oct 24, 2019 11:49 am

Sorry, mate.

Unfortunately, the immigration rules of UK are much harder than the ones of EU (one of the reasons of the whole Brexit enterprise is to be able to regulate it more strictly). But I'm sure moving to US is also not as simple as just landing with your papers and your spouse?

By the way, maybe you can consider your wife joining you in US? I assume it is a life changer, but well.. this is life.

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Re: US to UK EEA Family Permit Confusion

Post by RubGue » Thu Oct 24, 2019 12:22 pm

iwolga wrote:
Thu Oct 24, 2019 11:49 am
Sorry, mate.

Unfortunately, the immigration rules of UK are much harder than the ones of EU (one of the reasons of the whole Brexit enterprise is to be able to regulate it more strictly). But I'm sure moving to US is also not as simple as just landing with your papers and your spouse?

By the way, maybe you can consider your wife joining you in US? I assume it is a life changer, but well.. this is life.
Yeah we initially tried that, some personal things happened where she had to come back to the UK.

I was thinking of trying a student visa also since theres a career in a medical position I want.

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Re: US to UK EEA Family Permit Confusion

Post by iwolga » Thu Oct 24, 2019 12:27 pm

RubGue wrote:
Thu Oct 24, 2019 12:22 pm
iwolga wrote:
Thu Oct 24, 2019 11:49 am
Sorry, mate.

Unfortunately, the immigration rules of UK are much harder than the ones of EU (one of the reasons of the whole Brexit enterprise is to be able to regulate it more strictly). But I'm sure moving to US is also not as simple as just landing with your papers and your spouse?

By the way, maybe you can consider your wife joining you in US? I assume it is a life changer, but well.. this is life.
Yeah we initially tried that, some personal things happened where she had to come back to the UK.

I was thinking of trying a student visa also since theres a career in a medical position I want.
I don't want to be killing all the ideas your have, but applying for student visa with your British wife can be tricky. Immigration can argue that your real purpose is to settle with your wife (which is sort of true). This can pass, but can also be rejected.

Truth is, having a close family member in the UK makes it more difficult, not easier, to apply for any other visas.

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Re: US to UK EEA Family Permit Confusion

Post by RubGue » Thu Oct 24, 2019 12:36 pm

iwolga wrote:
Thu Oct 24, 2019 12:27 pm
RubGue wrote:
Thu Oct 24, 2019 12:22 pm
iwolga wrote:
Thu Oct 24, 2019 11:49 am
Sorry, mate.

Unfortunately, the immigration rules of UK are much harder than the ones of EU (one of the reasons of the whole Brexit enterprise is to be able to regulate it more strictly). But I'm sure moving to US is also not as simple as just landing with your papers and your spouse?

By the way, maybe you can consider your wife joining you in US? I assume it is a life changer, but well.. this is life.
Yeah we initially tried that, some personal things happened where she had to come back to the UK.

I was thinking of trying a student visa also since theres a career in a medical position I want.
I don't want to be killing all the ideas your have, but applying for student visa with your British wife can be tricky. Immigration can argue that your real purpose is to settle with your wife (which is sort of true). This can pass, but can also be rejected.

Truth is, having a close family member in the UK makes it more difficult, not easier, to apply for any other visas.
But again with the EEA FP, why is it worded weird if it basically means, my wife and I both want to move to the UK instead of me wanting to join my wife in the UK

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Re: US to UK EEA Family Permit Confusion

Post by CR001 » Thu Oct 24, 2019 12:43 pm

RubGue wrote:
Thu Oct 24, 2019 12:36 pm
But again with the EEA FP, why is it worded weird if it basically means, my wife and I both want to move to the UK instead of me wanting to join my wife in the UK
Where does it state that exactly? It clearly states excluding UK nationals.

https://www.gov.uk/family-permit
Overview
You may be able to get a family permit to come to the UK if both of the following apply:

you’re from outside the European Economic Area (EEA)
you’re the family member of an EEA or Swiss national (excluding UK nationals)
Eligibility
The EEA citizen you’re joining must either:

be in the UK already
be travelling with you to the UK within 6 months of the date of your application
If they’ve been in the UK for more than 3 months they must either:

be a ‘qualified person’ (working, looking for work, self-employed, studying or self-sufficient)
have a permanent residence document - sometimes called a ‘document certifying permanent residence’
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: US to UK EEA Family Permit Confusion

Post by iwolga » Thu Oct 24, 2019 12:46 pm

RubGue wrote:
Thu Oct 24, 2019 12:36 pm
iwolga wrote:
Thu Oct 24, 2019 12:27 pm
RubGue wrote:
Thu Oct 24, 2019 12:22 pm
iwolga wrote:
Thu Oct 24, 2019 11:49 am
Sorry, mate.

Unfortunately, the immigration rules of UK are much harder than the ones of EU (one of the reasons of the whole Brexit enterprise is to be able to regulate it more strictly). But I'm sure moving to US is also not as simple as just landing with your papers and your spouse?

By the way, maybe you can consider your wife joining you in US? I assume it is a life changer, but well.. this is life.
Yeah we initially tried that, some personal things happened where she had to come back to the UK.

I was thinking of trying a student visa also since theres a career in a medical position I want.
I don't want to be killing all the ideas your have, but applying for student visa with your British wife can be tricky. Immigration can argue that your real purpose is to settle with your wife (which is sort of true). This can pass, but can also be rejected.

Truth is, having a close family member in the UK makes it more difficult, not easier, to apply for any other visas.
But again with the EEA FP, why is it worded weird if it basically means, my wife and I both want to move to the UK instead of me wanting to join my wife in the UK
I assume you are referring to Surinder Singh option. For that - as was already advised earlier - your wife should have been living together with you in another EU country.

From your comments I understand that she was living in US with you. So how is it the same? US isn't part of EU. So your situation can only be treated in accordance with UK immigration law, not EU.

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Re: US to UK EEA Family Permit Confusion

Post by RubGue » Thu Oct 24, 2019 1:23 pm

iwolga wrote:
Thu Oct 24, 2019 12:46 pm
RubGue wrote:
Thu Oct 24, 2019 12:36 pm
iwolga wrote:
Thu Oct 24, 2019 12:27 pm
RubGue wrote:
Thu Oct 24, 2019 12:22 pm


Yeah we initially tried that, some personal things happened where she had to come back to the UK.

I was thinking of trying a student visa also since theres a career in a medical position I want.
I don't want to be killing all the ideas your have, but applying for student visa with your British wife can be tricky. Immigration can argue that your real purpose is to settle with your wife (which is sort of true). This can pass, but can also be rejected.

Truth is, having a close family member in the UK makes it more difficult, not easier, to apply for any other visas.
But again with the EEA FP, why is it worded weird if it basically means, my wife and I both want to move to the UK instead of me wanting to join my wife in the UK
I assume you are referring to Surinder Singh option. For that - as was already advised earlier - your wife should have been living together with you in another EU country.

From your comments I understand that she was living in US with you. So how is it the same? US isn't part of EU. So your situation can only be treated in accordance with UK immigration law, not EU.
Oh no, I must of not clarified apologizes. No I'm currently in the US and shes back in Northern Ireland. From what we read about the EEA FP it looked like it was the best option because shes lives there

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