EEA Family Permit application while on holiday

[Macheda]

Hi eveyone,

I'm an Non EEA National about to be married to a German who has been exercising her treaty rights since 2006 by working in the UK.We have been going out for a year and currently live together in the UK for about 9 months now.Currently, I'm on a work permit which expired in March. The HO refused FTR on the basis that my current salary is below the level specified in their code of practice.
I have appealed the work permit refusal and hearing date is yet to be fixed so I'm perferctly legal in the UK.I've now decided to leave my job anyway and will be withdrawing the appeal before sending in EEA FP application
In the meantime, myself and my missus are travelling out of the UK to a nice carribean location for our wedding and honeymoon to save costs and also have a good time at the same time.We intend to apply for the FP from this locaton and have documents showing that we live together since sept 09 such as council tax bills in our names, her bank statement coming to our address and the tenancy agreements which is in my name, utility bills which is in her name. I also have my missus payslips, bank statement, and she would also get a letter from her employer.
Question is this? Does anyone thinks there could be problem with applying for FP outside my home country? Anyone knows how long FP application takes? Any other thing we should be thinking about?

Thanks All

[86ti]

You can apply outside your country but it may be neccesary to convince the consulate first. You will have to demonstrate that your marriage is genuine so provide ample evidence of your relationship's history.

You can find processing times here.

[Macheda]

Thanks, 86ti. We are aware that we need to demonstrate that our marriage is genuine and that's why we intend to show that we've been living together since Sept 09 with lots of evidence like utility bills. We are not a photo couple(i.e we don't like taking pictures) so have one or two pictures but have loads of email which we will prefer not to share as they contain very private issues.We propose requesting our mobile phone bills with details of calls and txt messages to each other since last year if that will add to what we already have.What other ample evidence could you recommend?
When you say necessay to 'convince the consulate'-are you referring to the need to demonstrate the genuineness of our marriage or the consulate accepting our appplication?

[86ti]

We propose requesting our mobile phone bills with details of calls and txt messages to each other since last year if that will add to what we already have.What other ample evidence could you recommend?

To be honest, I have no experience of my own with this kind of situation. But you will certainly find more information via the Search button on top of the page (this question comes up quite frequently). Also, have a look at this document (PDF).

When you say necessay to 'convince the consulate'-are you referring to the need to demonstrate the genuineness of our marriage or the consulate accepting our appplication?

What I ment is that some consulates do not appear to be up to date with the rules, e.g. they may believe that you would have to apply in a country of legal residence or may generally have a poor understanding of EEA regulations. If possible try to get as much information from them in advance as possible.

[Directive/2004/38/EC]

Macheda,

What is your citizenship? Do you normally require a visa to enter the UK?

There is no requirement to apply for EEA family permit from your home country. It should be processed quickly, but there is not a fixed amount of time to apply.

[Macheda]

I normally require visa to visit the UK being a visa national. I have got confirmation from the UKBA in the carribean where we are going on holiday that I can apply from there. They are no longer an issuing post and my application will be sent to New York for decision where I understand it could take as little as 2 days for the FP to be issued.

Also, looking at the 2004 Directive, it says the immigration officer, before refusing entry to an non EEA national bcos they have no FP, must give the NON EEA national an opportunity to present documents showing they are a family member of the EEA national.Has anyone used this route? I understand it is easier and hassle free to obtain the FP before travelling however the need to return to the UK as I've got some important scheduled meetings means I could not afford my time being wasted by consulates in New York.Any ideas?

[Directive/2004/38/EC]

If they need to send it to New York, I would guess it will take two (or more) weeks rather than two days. You should reconfirm how long it will take with them.

As a visa national, will you not have trouble getting back on the plane to the UK? Or do you have another visa that will do for that? If so, doing it on arrival is a possibility. Be prepared for a delay and make sure you bring lots of supporting documentation.

[Macheda]

With regards to getting on the plane, I think that's where the problem lies. My work permit expired in March and though appeal is pending,I'm not really keen on it as I'm looking to change my job anyway.However it would be nice to know if anyone has followed the route of seeking FP on arrival and their experience.

The two days mentioned relates to the time after the application was received by the New York consulate.It doesn't include the time for biometrics( which I think is nonsense btw) and courier time. The two days is the processing time on the UKBA website for New York applications.

[Directive/2004/38/EC]

There are other old threads about doing this on arrival to the UK. And there are UKBA procedures manuals that mention this, available online. Search around.

What citizenship do you have?

[Macheda]

I'm from Nigeria.Does this makes any difference? Definitely will search around for people's experience but I'll try get the FP before travelling

[Directive/2004/38/EC]

The Stupid will definitely require an EEA family permit before you fly. So you will not be able to do it at the UK border.

Depending on your citizenship, you could fly via another country and get a visa there quickly (e.g. in USA or Canada). But I think at least USA requires visas for people traveling on a Nigerian passport, so that would not save you any time

If you plan to do this, give yourself lots of time. Assume it takes at least a few days to get to the US, and a few days back. I do not know what the local arrangements are for fingerprinting, but that could add extra time.

[Macheda]

Thanks a lot Directive/2004/38/EC.

The local arrangement for fingerprinting is for the applicant to schedule an appointment at the local British consulate.I agree it may take a few days to and fro the USA.All in all, 2 weeks should be enough for the entire process.We are booked in resort for 15 days so hopefully it'll be enough

[Directive/2004/38/EC]

So the local consulate does the fingerprinting. Do they then send the complete application off to New York, or is that done by you?

I know the British suggest using UPS to send passports renewals to and fro. You should make sure you do something similar. And be sure to keep a complete copy of everything you have submitted.

[Macheda]

The local consulate do the biometrics and they then give you the option of either using their own internal dispatch facility which is free or you make your own courier arrangement through UPS or any of the other couriers recommended by the British Consulate.

I'm not sure which one is quicker though and would make the decision nearer the time.Though using UPS would appear quicker and safer for me.I certainly will be making photocopies of every document I send to them.Does it make sense to make another photocopy for the consulate to accompany the originals they receive?

[Macheda]

EEA Family permit granted within two working days by British Consulate New York.Thanks to all of you for your comments and suggestions!!