Visitor Visa or EEA Family Permit

[scrudu]

My husband (Indonesian with D-Spouse Perm Residency in Ireland) and I (Irish) wish to make a few trips together (tourism purposes) to the UK over the next year. I understood that the EEA Family permit was intended for "residency" in the EEA country, but not for travel. Am I wrong?

The UK Embassy in Ireland website do not mention EEA Family permits, and only state that visitors visas cost €98 (Single, Double and Multiple Entry Visit visa valid for six months).

When I clicked on the "Do I need a visa" link (http://www.ukvisas.gov.uk/servlet/Front ... 6977149962) and state the purpose of the visit as "Family member of EEA National", I got the following:

Code: Select all

You asked if a national of Indonesia needs a visa to come to the UK as a non EEA/Swiss family member of an EEA/Swiss national. If you are an eligible family member you need an EEA Family Permit. 

A Family Permit is similar to a visa, but is issued free of charge to eligible family members of EEA and Swiss citizens. It allows you to travel to or stay freely in the UK with your EEA family member. If you want to come to the UK independently of your EEA family member, the normal visa requirements apply. Please re-submit your enquiry, choosing another Purpose of visit.

But if I say the purpose of the visit is "Visit", then it says the following:

You asked if a national of Indonesia needs a visa to come to the UK as a visitor.

Yes, you need a visa.

Can we simply apply for the EEA Family permit and use this when we wish to enter and exit the UK, or would this cause him hassles with immigration?

[yankeegirl]

From what I've gathered, I *think* your husband could apply for a Family Permit if he was coming to visit you in the UK if you were settled there, or moving there with you. In your circumstance, I think he would need a visitor visa.

http://www.ukvisas.gov.uk/servlet/Front ... 8721068382
I just had a read through this, and all of it has to do with the non-EEA national moving to the UK with the EEA spouse or visitng the EEA spouse who was already resident in the UK. There's nothing there about taking a vacation with the EEA spouse, so I'm not really sure.

[Docterror]

scrudu, depending upon whether you will be travelling with your husband or not, the conditions change. If you both are visiting, then the EEAFP is to be obtained, but this cannot be used by your husband to travel alone. According to the DSPs,

Non-EEA family members of EEA nationals must get an EEA family permit before they travel to the UK if they are visa nationals, or if they are intending to live with the EEA national permanently or on a long-term basis.

the EEAFP can be used even if you are just visiting along with your husband.

However, if your husband might make one of those trips alone, then the visit visa could be the right option to avoid any hassles. Again, according to the DSPs:-

If the family member is travelling independently of the EEA national and will not be joining the EEA national in the UK they will need to satisfy the normal entry clearance requirements for third country nationals under the Immigration Rules.....Please note, if a family member who is travelling with, or is to join the EEA national in the UK requests a visit visa, you should offer him (or her) the option of applying for a family permit under EC law or a visa under the Immigration Rules.

The DSPs in question can be seen here.

The simplified flowchart can be found here.

[scrudu]

We will be travelling together on all trips, so we will try to apply for the EEA Family Permit and see how we get on. Thanks Docterror and yankeegirl!