Immigrationboards.com

I’ve collected the most common questions and answers into one thread which I hope people would find useful. I’ve split it into several posts so it would be easy to link to the relevant section if needed. I will try to keep updating the thread with more FAQ in future.

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?

The relevant regulations:

• Regulation 11 (Right of admission to the UK)
  Regulation 12 (Issue of EEA Family Permit).

Questions:

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.

Residence Certificate / Residence Card

Forms to use:

• EEA1 for EEA national.
  EEA2 for non-EEA national.

Recommended reading:

• * European Caseworkers instructions – Residence Card application

Relevant regulations:

• Regulation 16 (Registration Certificate).
  Regulation 17 (Residence Card).

Questions:

Q1: Is there a requirement for the EEA national to apply as well?

No. All Residence documentation under EEA regulations are optional. However, to support the application, proof of the EEA national exercising treaty rights needs to be provided including passport/ID card so effectively to apply for a Residence Certificate just means filling in an application form, attaching 2 photos and paying the fee. You can send the two application in the same envelope.


Q2: Am I allowed to work even without CoA?

If married to the EEA national, rights under EEA regulations are obtained automatically based on the activities of the EEA national. The HO just confirm those rights by issuing RC/PR Confirmation so you are allowed to work. However, you might find it difficult to convince an employer of your rights.


Q3 : Will the CoA state I’m allowed to work?

If you are married to the EEA national, CoA will state you are allowed to work.
If you are unmarried to the EEA national and didn’t enter the UK using EEA Family Permit, the CoA will not confirm your entitlement to work.


Q4: Can I ask for my passport back?

You can ask for your passport back at any stage and it will not affect your application. When the HO is ready to make a decision, they might ask for the passport to be sent back to them to place the vignette or they will issue the vignette on a standalone piece of paper.


Q5: How do you contact the HO to ask for updates/CoA/passports?

You will need to fill in an online form - Get your visa, immigration or citizenship documents back


Q6: What is CSI and do I need it?

CSI stands for Comprehensive Sickness Insurance and under EEA regulations is required to be held by EEA national who exercise treaty rights as a student and self sufficient. In the case of self-sufficient, CSI should also cover family members.

Workers (employed, self employed) don’t need CSI.

If you are required to hold CSI, the HO would expect you to have a private health insurance or a non-UK EHIC. This has nothing to do with eligibility to NHS services (which every resident in the UK is entitled to) but in order to recognise those periods in order to obtain Permanent Residence under EEA regulations.

Permanent Residence

Under EEA regulations, after 5 continuous years of the EEA national exercising treaty rights, the EEA national (and family members living in the UK) automatically obtain Permanent Residence status. This status is not lost unless the person is absent from the UK for more than 2 consecutive years.

Forms to use:

• EEA3 for EEA national.
  EEA4 for non-EEA national.

Recommended reading:

• European Caseworkers instructions – Permanent Residence

Relevant regulations:

• Regulation 15 (Permanent Residence).
  Regulation 18 (issue of PR Confirmation).

Questions:

Q1: How many absences are allowed during the 5 years?

The EEA regulations allow upto 6 months of absence a year during the 5 years or a single absence due to important reason (birth, study). (see Regulation 3).


Q2: Do I need to provide bank statements for the 5 years for my EEA4 application?

To apply for PR Confirmation, you need to provide evidence that the EEA national has exercised treaty rights for 5 years and that you reside in the UK for 5 years. The HO just list examples of documents to prove that. Your residence can also be proved by tenancy agreements, utility bills (for example annual council tax), payslips, letter from employer etc. There is no need to prove every single day out of the 5 years. Try to make the application simple (and light!)

Please do not post queries in this topic.

Also see EEA Check list.

Surinder Singh

See here for proposed changes (click)

See also here (click)

Normally a citizen can’t exercise EU treaty rights in his own country as the country domestic rules apply. However, where an EEA national has exercised a treaty right in another member state as a worker or self-employed and they wish to return to their own country afterwards, certain provisions apply in order for their non-EEA family members to qualify under the EEA Regulations (this is called “Surinder Singh” following a ECJ judgement in 1992 in the case of Surinder Singh) .

Recommend reading:

• ECO guidelines (EUN) on Surinder Singh

Relevant regulations:

• Regulation 9

Questions:

Q1: What are the conditions to make use of Surinder Singh route?

Regulation 9 requires to following to make use of Surinder Singh route:

• the UK citizen is residing in the other member state as a worker or self-employed person
• The family member is married/CP to the UK citizen and has been living together in the other member state.


Q2: Is the family member required to hold a visa / Residence Card of the other member state?

No. This is not required. However, the family member would need to provide proof of residence in the another member state and a Residence Card can help proving that.


Q3: How long is the British citizen and family member are required to live in the other member state?

This is not specified in the regulations. However, the HO has introduced a concept of "centre of life" which means the longer, the better chances of satisfying the HO in proving you have moved the centre of life outside the UK. The rule of thumb given in the forum is 6 months but an application can be made before that and if refused, a new application can be made a few weeks later.


Q4: Is a EEA Family Permit required to return to the UK?

No. You can also seek admittance at the border (this is mainly relevant if the family member is non visa national or you are crossing at Calais/any other port).

However, as the relevant documents required for the Surinder Singh route are those from the other member state, it make sense to verify you have all the required documents before returning to the UK. Obtaining them later might be more difficult. Also, the local staff in the consulate can normally read documents in the local language so there is no need to translate them.


Q5: What are the requirements once you return to the UK? When can a Residence Card be applied for?

Once you are back in the UK, there are no specific requirements. Under the Surinder Singh route, only the activities in the other member state matter. You are not required to work in the UK in order for the family member to reside in the UK.

It is advisable for the family member to apply for a Residence Card using form EEA2. The form has a dedicated section for Surinder Singh cases. You will need to provide (again) evidence of the British national employment in the other member state and evidence of residence there. The application can be made any time once you return.

After 5 years of residence, an application for Confirmation of PR status using form EEA4 can be applied for. Again, the same evidence from the other member state is required. Once a PR status has been obtained (after 5 years of residence), the non-EEA national can apply for British citizenship as a spouse of BC.