EEA Family permit

I need some help on how to get about getting a family permit for my wife in order to relocate to England. We've been living legally for the past 10 years in the USA, unfortunately my kind of visa is about to expire and it doesn't allow me to get a green card, it can be renewed but it's a huge hassle and I don't want to go through that again. I've been married to my wife for 15 years & we got 3 children, our kids and myself are Austrian but my wife is from Uruguay.

Now the first question is, as far as I know she doesn't need a visa to enter England and we'll be traveling all together, do I still need to get an EEA family permit for her? Can I expect any kind of problems when entering the Country if she doesn't get one?

If she needs to get an EEA Family Permit I have a few questions, my plans are to move in about 3 or 4 months, is it to early to start working on getting the permit considering it's only valid for 6 months?

I have a few more questions regarding the form itself... but I guess first I'll need to know the answer to those questions.

Thanks in advance for any help & advice you can provide.

Please, first have a good read through the EUN. Also have a look through this forum as we answer these questions very frequently here.

As she is a non-visa national you can try to come without the EEA FP. Boarding the plan should be no problem but you will have to explain and prove to the immigrations officer your situation. It may be possible that you run into an IO not well versed with EEA regulations. Expect delays and better equip yourself with copies of the relevant legislation (the border force operation manual has a related chapter too). The validity of the permit is of little relevance as your spouse's rights derive from her marriage to you and are not a matter of documentation.

The VAF5 form is total overkill and very few questions have a legal basis. Essentially you will only need IDs for all of you, proof of relationship (marriage and birth certificates) and a cover letter stating the obvious (that you want your family to travel with you).

Family Permits are usually issued much more quickly than ordinary visas: often only in a matter of days.

You can in theory travel without a FP and get the proper clearance on arrival in the UK: as long as you carry documents proving your status and her relationship to you then she should be granted entry. However, given that the FP is free then it will probably make for a more stress-free journey if she gets one.

The validity period of the FP is only really relevant in relation to the convenience of travel etc. once you're in the UK. Your wife's permission to be in the UK is solely dependant on your status and is not conferred by the FP. If your wife applies for a residence card once she is in the UK, this may take up to 6 months to be issued: if her FP has less than 6 months' validity on it when she arrives then there may be a gap between the FP expiry and her receipt of an RC.

Edited to say: beaten to it by 86ti!

Thanks for the double quick answer

So if I understood everything correctly, I should just send all the relevant documentation (passports, birth certificate, etc.) & answer only the questions I know the answers (for example I don't know were I'll reside or an exact arrival day) or the ones I feel comfortable responding (like financial status, it's solid so I guess it's good to show it?). Even if there's no legal basis... what are my chances of running into trouble if I don't reply to some of those irrelevant questions? Is there anything else I can do to increase my chances of success on the first try?

Also one last question, I couldn't find a clear answer, I have an online business that provides me with a steady income but I'm going to exercise my treaty rights as a jobseeker as my intention is to find a new job in England. I read something about a "comprehensive sickness insurance" being required? Is that a requirement I need to fulfill before asking for the EEA permit, is that something I need to get after arriving or it doesn't apply to me? In case I need it I have my health insurance in the USA, will that be enough?

Thanks again!

Getting an EEA FP is not gambling. The reasons for refusal reported in this forum were either no proof that the EEA national is a qualified person due to misunderstanding the EEA regulations by the entrance clearance officer that there are no other requirements than passport and possibly entrance clearance for the first three months (hence my usual recommendation not to answer the question regarding how long the stay will be or stating that it will be less than three months) and insinuation of a marriage of convenience (with 15 years of marriage and three kids I would very much like to see the refusal...). You can safely ignore questions regarding current financial/job situation, accomodation, reasons for travelling, etc. Nevertheless, apply early in case another ECO is not quite up-to-date.

Only self-sufficient persons and students need separate health cover. As there is no such requirement for the first three months obviously that's only a question of residence longer than that.

Great, you guys just answered all and any of my doubts! What puzzled me is that when trying to do the online form, it just wouldn't let me advance without providing some information I don't currently have.... like the exact day we're expected to arrive for example, I guess I'll just have to print the PDF and mail it

Well, thanks again, I'm just a bit anxious but you guys really helped put my mind at ease!!

Yes, the online form ... designed to suck all information possible out of the applicant... Read the UK's answer to this petition to give you some insight into how the rights of EEA nationals are 'respected'.

In any case, write a strong cover letter referring to the EEA regulations, in particular sections 12 and 13 (section 11 is relevant if you intend to travel without the permit) and also indicate that you have read the EUNs (see link above). Those are the internal documents supposed to be read by the ECOs...

Well, I noticed hardly ever anyone bothers to come back and report on their experience so I figured I'll just post mine.

Basically, followed the excellent advice I received here, sent all the information that was relevant to my application and also while it isn't necessary according to the law, I sent my bank statements, translated myself my marriage certificate & kids birth certificate, notarized everything.

Wrote a short but strong cover letter, mentioning that I intend to exercise my treaty rights, quoted the relevant regulations and mentioned the relevant documents I was enclosing to support my application.

Then I bought a folder, put everything neatly organized with little tags indicating what was what to make their job easier, mailed it, I received an email that it was received, two days after I received another email telling me the visa has been issued.

For me it was fast, straight forward, no problems or issues, I didn't reply every single question as some I just didn't know the answer but of course, I replied every single one of the relevant questions and provided all the relevant information & documentation.

Well, thanks again to 86ti for your excellent advice and also to Kitti for expanding on that.

I am a bit puzzled. The VAF5 application call for "How long do you intend to stay in the UK"
We hope to stay indefinitely, get settled, work, send children to school and such.
What should I add here?

Thank you.

LAROCCAMOM wrote:I am a bit puzzled. The VAF5 application call for "How long do you intend to stay in the UK"
We hope to stay indefinitely, get settled, work, send children to school and such.

My problem exactly. We too are planning to stay in the UK. Moreover, we want to cross the border by car having our desktops-laptops-books etc with us (not too much stuff, but still clearly moving). How are we supposed to convince an immigration officer we are planning to spend less then 3 months in the UK?

I have being studying the Directive for some time now and have being reading this forum (thank you guys, it is very helpful), but it does look to me that that member states do not always respect the Directive they signed (why did they sign it if the did not want it?!).

I would use some help. So far I have several questions.

Another one which confuses me greatly is about exercising the Treaty rights.

My husband is a EU country citizen (Latvia), I am from Ukraine. Married 15 years ago, currently residing in Latvia.

He is a self-employed translator working mainly for US translation companies. Self-employed workers exercise Treaty rights, and he can actually prove he has being working as translator for many years (bank statements, purchase orders etc). But for how long he is required to exercise the Treaty rights on the territory of the UK in order to be recognized as such? One day? One month?...

Suppose we just arrived to the UK. As I understand it, my eligibility for residence card hinges on his exercising the Treaty rights. Do I have to wait one month or two or three months before applying for residence card or I can do that right away (next day upon arrival)?

And one more question. Processing time for residence card is about 6 months. Would the certificate of application issued by HO upon receiving my application enough to prove my right to work in the UK or I need some sort of work permit?

Nimitta wrote:

LAROCCAMOM wrote:I am a bit puzzled. The VAF5 application call for "How long do you intend to stay in the UK"
We hope to stay indefinitely, get settled, work, send children to school and such.

Another one which confuses me greatly is about exercising the Treaty rights.

He is a self-employed translator working mainly for US translation companies. Self-employed workers exercise Treaty rights, and he can actually prove he has being working as translator for many years (bank statements, purchase orders etc). But for how long he is required to exercise the Treaty rights on the territory of the UK in order to be recognized as such? One day? One month?...

As I understand it, to be exercising Treaty Rights means to be living or planning to live in the UK and to either be working or actively looking for employment or be registered as an employee seeker.

Suppose we just arrived to the UK. As I understand it, my eligibility for residence card hinges on his exercising the Treaty rights. Do I have to wait one month or two or three months before applying for residence card or I can do that right away (next day upon arrival)?

I believe your spouse needs to be currently exercising his Treaty Rights before you apply for your residence card.

And one more question. Processing time for residence card is about 6 months. Would the certificate of application issued by HO upon receiving my application enough to prove my right to work in the UK or I need some sort of work permit?

I read that no matter the expiry date on your family permit, you are not out of "status" per say as long as the EEA national is exercising his Treaty Rights.

I hope this helps a bit.

LAROCCAMOM wrote:As I understand it, to be exercising Treaty Rights means to be living or planning to live in the UK and to either be working or actively looking for employment or be registered as an employee seeker.

That is how I understand it too. The question is for how long that "working" should last on the territory of the UK in order to consider it exercising the Treaty rights...

LAROCCAMOM wrote: I believe your spouse needs to be currently exercising his Treaty Rights before you apply for your residence card.

I think so. As far as I know my husband, he will start exercising his Treaty Rights as soon as it is humanly possible (which means as soon as we cross the border and he would be allowed to turn his laptop on). I will be driving - he will be working.

LAROCCAMOM wrote: I read that no matter the expiry date on your family permit, you are not out of "status" per say as long as the EEA national is exercising his Treaty Rights.

Thanks. So, I will be staying after expiration of EEA FP waiting for the residence card (I read that it takes much longer that 6 months) and even without my passport (HO would keep it). I am just wondering... How people manage to find an employer willing to hire someone like that?

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Nimitta wrote:How are we supposed to convince an immigration officer we are planning to spend less then 3 months in the UK?

Why would you have to?

Nimitta wrote:But for how long he is required to exercise the Treaty rights on the territory of the UK in order to be recognized as such? One day? One month?...

Just at the time of application preferably with some "history" but that is not a requirement.

Nimitta wrote:As I understand it, my eligibility for residence card hinges on his exercising the Treaty rights.

Not in the first three months.

Nimitta wrote:Do I have to wait one month or two or three months before applying for residence card or I can do that right away (next day upon arrival)?

As soon as you believe you have all necessary evidence or never if you wish so.

Nimitta wrote:And one more question. Processing time for residence card is about 6 months. Would the certificate of application issued by HO upon receiving my application enough to prove my right to work in the UK or I need some sort of work permit?

Processing times are now more like 3-4 months for straightforward cases. You will only receive a CoA. In practice, that should suffice.

LAROCCAMOM wrote:I am a bit puzzled. The VAF5 application call for "How long do you intend to stay in the UK"
We hope to stay indefinitely, get settled, work, send children to school and such.
What should I add here?

Thank you.

What should I write there?

Your choice but as said earlier you are not legally required to answer this question. Whatever you say there can have no effect on your later residence card application. But be aware that some ECOs seem to believe that the EEA national has to show to be a qualified person if the answer is 'longer than 3 months'.

Thank you, 86ti! Your answers as always are very helpful!

86ti wrote:

Nimitta wrote:As I understand it, my eligibility for residence card hinges on his exercising the Treaty rights.

Not in the first three months.

Could you explain, please? I understand that the first three months we can stay in the UK (or any member state) unconditionally. But I do not quite get what else might follow from that. Whenever I apply for RC (within the first three months or later), if my husband is not exercising the Treaty rights, the result would be the same, wouldn't it?

Nimitta wrote:

86ti wrote:

Nimitta wrote:As I understand it, my eligibility for residence card hinges on his exercising the Treaty rights.

Not in the first three months.

Could you explain, please? I understand that the first three months we can stay in the UK (or any member state) unconditionally. But I do not quite get what else might follow from that. Whenever I apply for RC (within the first three months or later), if my husband is not exercising the Treaty rights, the result would be the same, wouldn't it?

Yes. The point is that your husband does not need to become active from day one and in fact can be a qualified person as a job-seeker for at least six months.

Is the applicant's employment in the country of residence a requirement?
My husband's company closed 3 weeks ago, due to the economy. He is now actively helping me with my second job which I do from home- health insurance billing.

Thank you

As the first three months are 'free' you are not required to show financial details and current or future activities.