Applying for EEA family permit outside UK

[em7]

Hello everybody.

My official spouse is citizen of EU (new member state). We are living together outside UK and EU. We plan to travel to UK using initial right of my wife to reside in UK during 3 month before starting exercising Treaty rights.

Could I apply for EEA family permit taking into consideration that my wife has not any job in UK at the moment.

As I've read from rules it's possible but how in practice?

And one more question could the fact that my wife worked in UK during 2 years (3 years before) and had WRS help us with appliance?

Thanks advance for help.

[86ti]

As the EEA family permit is an entrance clearance you can only apply for it outside the UK at a British consulate.

[em7]

As the EEA family permit is an entrance clearance you can only apply for it outside the UK at a British consulate.

Thanks for reply.

I'm informed of it. I'm planin to apply to British embassy.

But is it possible in practice to get EEA family pemit for me if my wife has no job in UK (living with me outside UK and EU) and only plans to find job in UK ?

[86ti]

But is it possible in practice to get EEA family pemit for me if my wife has no job in UK (living with me outside UK and EU) and only plans to find job in UK ?

Yes, it should be possible but you may have to explain it to the embassy in a cover letter. You are obviously already aware of your right of initial residence. All you should need is your marriage certificate and your passports even if the VAF5 application form asks so many questions in particular regarding financial situation. Under EEA regulations there is no need to disclose this or declare how long you intend to stay.

[thsths]

But is it possible in practice to get EEA family pemit for me if my wife has no job in UK (living with me outside UK and EU) and only plans to find job in UK?

Yes, work seeking (for up to 6 months) is an option to live legally in the UK, and you are allowed you accompany or join her during that time.

[em7]

Again thanks to everybody. Your answers are very helpful.
But I still have some problems concerning VAF5 application

First questions are:
- "What is the main purpose of your visit to the UK?"
What would be the right answer - accompanying my wife, seeking for job, residence?

- "How long do you intend to stay in the UK?"
Best answer - 3 month, 6 month or forever)))?

- Next questions "dates of arrival and leaving UK"
I know the arrival date but how I can plan living date if I plan not to leave UK at all, pls advice.

- Question 8.9.1 Where do you and the EEA National plan to live in the UK?
I don't know what to answer because we have not made any rental at the moment. First weak we are planning to visit our close friend's family and than we will look for some apartment for rent depending were I and my wife find job. Perhaps I can mention residential address of my friends?
Pls advice right answer

and 8.10.16 "Do you intend to work in the UK?"
I intend but what would be right answer?

Sorry for so many question but your replies is very needed.

Thanks in advance.

[86ti]

First of all, late me say that I do not think that you actually have to answer any of these questions under EU rules. But if you must...

- "What is the main purpose of your visit to the UK?"
What would be the right answer - accompanying my wife, seeking for job, residence?

To accompany your wife.

- "How long do you intend to stay in the UK?"
Best answer - 3 month, 6 month or forever)))?

There are no other requirements for the first 3 months besides presenting the marriage certificate and passports. You may change your mind anytime later and that can't have any consequences on your future stay in the UK as long as you can support yourself and have comprehensive sickness insurance (in case of self-sufficiency or study of the EEA national). In this case you would still be a perfectly legal resident of the UK.

- Next questions "dates of arrival and leaving UK"
I know the arrival date but how I can plan living date if I plan not to leave UK at all, pls advice.

You can state that you do not have made such plans yet or just leave it empty. You are not required to show that you intend to return after your visit.

- Question 8.9.1 Where do you and the EEA National plan to live in the UK?

If you haven't decided yet there is nothing to put here.

and 8.10.16 "Do you intend to work in the UK?" I intend but what would be right answer?

The question is just as irrelevant as the others and can't have any impact on the decision.

In any case, have your spouse write a strong cover letter stating that she wishes to accompany her and that she understands her rights under the Directive 2004/38/EC (esp. Article 6).

[em7]

The question is just as irrelevant as the others and can't have any impact on the decision.

In any case, have your spouse write a strong cover letter stating that she wishes to accompany her and that she understands her rights under the Directive 2004/38/EC (esp. Article 6).

Ok. I agree that many questions form VAF5 are irrelevant.

But if leave some answers empty could it give to Entry Clearance Officer grounds to refuse my application?

Could you be so kind to help me with main structure of cover letter?

And could my wife directly appeal to EU directives in cover letter?

[86ti]

The question is just as irrelevant as the others and can't have any impact on the decision.

In any case, have your spouse write a strong cover letter stating that she wishes to accompany her and that she understands her rights under the Directive 2004/38/EC (esp. Article 6).

Ok. I agree that many questions form VAF5 are irrelevant.

But if leave some answers empty could it give to Entry Clearance Officer grounds to refuse my application?

Could you be so kind to help me with main structure of cover letter?

And could my wife directly appeal to EU directives in cover letter?

The ECO may choose to refuse the application but I would not think that the ECO would have any legal basis for that (unless you are a threat to the public security, public order, public health or your marriage would be one of convenience or you would use some other fraudulent actions to get the permit).

Your wife needs to write that she intends to make use of her right to free movement within the EEA and that she wishes her husband to join her. To comply with EEA legislation she encloses the required documents and information as per the Directive, in particular Article 6.

One possible problem with the EEA Regulations (that's the UK implementation of the Directive) could be in 12(b)(i) and (ii) as you are outside the EU right now but this has been clarified by the EuJ in the Metock case C-127/08 from July 2008. It is also possible that the ECO would want to see financial evidence based on Rule 13(3)(b) but I do not think that the ECO can operate here on mere suspicion. To be honest, I am not sure how to best deal with this last point.

In any case, keep it in a neutral tone and also have a look through this UKVisas webpage.

[86ti]

You may also be interested in this case.

[em7]

You may also be interested in this case.

Thank you very much for you answers.

I have always admired by people who unselfishly help others.

Next week I will start procedure and after finishing I post any useful information.

Again thank you.

[lhk]

Hello to all

Please advice as to how to get me back with my girl. She is an Slovakian living in the UK. Im an South African and want to apply for EU partner/fiance visa, but i was banned under UK law from entering the UK because of lack of info on visitors visa application. Can I apply for fiance visa under EU laws and will this override my ban from UK. We have been seperated for a year and a half now and see no other option. Please give advice.

Regards
lhk

[86ti]

Please advice as to how to get me back with my girl. She is an Slovakian living in the UK. Im an South African and want to apply for EU partner/fiance visa, but i was banned under UK law from entering the UK because of lack of info on visitors visa application. Can I apply for fiance visa under EU laws and will this override my ban from UK. We have been seperated for a year and a half now and see no other option. Please give advice.

This doesn't make sense. Have you only been refused or have you really been banned. If the latter what was the reason?

Anyway, please open your own thread.

[em7]

Hello,

One more question concerning application form VAF5

from this Entry Clearance Guidance for EEA FP

I've read following:

EUN2.22 Suggested refusal wordings:
vi. The EEA national is not a qualified person because there is no evidence of Treaty rights being exercised:
"You have failed to provide evidence that your EEA national family member is a qualified person in accordance with Regulation 6 of the Immigration (European Economic Area) Regulations 2006. I am, therefore, not satisfied that your EEA national family member is residing in the UK in accordance with the Immigration (European Economic Area) Regulations 2006."
Please note: because of the initial right of residence, the ECO cannot refuse someone on the basis that that their EEA national family member will not be a qualified person in the UK on arrival. However, if the ECO is satisfied that the EEA national has been in the UK for longer than three months, the ECO must be satisfied that the EEA national is a qualified person.

My wife has worked in UK, had WRS and NI number form 2005 till 2007.
Taking into consideration above marked what would be better to show this issue in the application or not?
I'm worried that ECO can refuse apllication becouse my wife has been in the UK longer than 3 month but now we live togher outside UK and EU and ofcourse we have no evidence that my wife is a qualified person at the moment.

Please advice.
Thank you in advance.

[86ti]

However, if the ECO is satisfied that the EEA national has been in the UK for longer than three months, the ECO must be satisfied that the EEA national is a qualified person.

I think that only applies when the EEA national is already in the UK while the application for the EEA FP is made abroad. So essentially this doesn't apply to your case. That your wife was in the UK earlier probably matters very little. You both basically start from scratch.

[em7]

However, if the ECO is satisfied that the EEA national has been in the UK for longer than three months, the ECO must be satisfied that the EEA national is a qualified person.

I think that only applies when the EEA national is already in the UK while the application for the EEA FP is made abroad. So essentially this doesn't apply to your case. That your wife was in the UK earlier probably matters very little. You both basically start from scratch.

Thank you a lot for reply.
I realy appriciate your advices.

[ebony2002]

hello, please does any one know how long it take before home office reply back after sending back method of entry questionnaire?