EEA Family Permit
Recommended reading:
- * EEA Family Permit – internal guidance
* Border Force Operations Manual - EEA Nationals & their family members
* No visa but still want to travel?
- Regulation 11 (Right of admission to the UK)
Regulation 12 (Issue of EEA Family Permit).
Q1: Is EEA Family Permit actually required?
This would depends if you are:
Visa national
If you require a visa to visit the UK as a tourist, then you will need EEA Family Permit or you would probably be denied boarding the flight to the UK.
non-visa national
Although the HO would like to give the impression EEA FP is required, it is not really required if are a non-visa national and are married to EEA national. You can just board a plane (as you do as a tourist) and once at the border, seek to enter as a family member of EEA national. You will need to produce similar evidence which is required for the EEA FP namely your passports and a marriage certificate. You will get a 6 months stamp for EEA family member (used to be called Code 1A) which allows you to work.
For more details see section 5.5 (page 8-9) in Border Force Operations Manual (link above).
Q2: What do I need to submit with the EEA FP application?
If you are married to a EEA national and you travel to the UK together (or to join the EEA national) all that is required:
- Proof of relationship (marriage certificate or birth certificate for children).
- Passports
- A declaration by the EEA national that the non EEA national would be travelling together or joining him (make it simple. One or two lines is enough).
* (If the EEA national has been living in the UK for more than 3 months, then proof of exercising treaty rights i.e. payslips or proof of study etc).
That’s all. There are no other requirements.
If you recently got married, you might want to add a letter or some evidence to show this is a genuine marriage and not one for immigration purposes.
If you are not married, then you need to provide proof of durable relationship. The UK would expect you to provide proof that you have been living together for at least two years.
Q3: Do I need to have a job in the UK before my family apply?
If you are just moving to the UK then – NO. You have 3 months of unrestricted residence and you don’t need to have a job or a place to live before you move.
If you have been living in the UK for more than 3 months already and your family is applying to join you, you will need to provide proof of exercising treaty rights.
Q4: Do I need to answer all the questions in the application form?
No.
In most cases, there is no need to provide any information about your financials or the non EEA employment. If the EEA national hasn’t been living in the UK, then his employment information is not relevant as well. Your future intentions are also not relevant so questions on your intentions or duration of stay also don’t need to be answered.
If you can’t leave a field empty in the online form, just write “not required for EEA Family Permit”.
Q5: Does the new £18,000 financial requirement need to be met? What about accommodation? What about language requirement?
These are new requirements that are needed if applying under the UK domestic immigration rules. They are not relevant to applications under EEA regulations.
Q6: Do I need to provide a TB cert?
No you do not. See here
MED2.3 Who is exempt from needing a TB certificate? An applicant applying for an EEA family permit is not required to produce a certificate showing them free from active pulmonary TB as EEA family permits are valid for six months.
