EEA family permit for my Mexican husband

[saraiha]

Hi everyone!

I am an Italian citizen settled in the UK. I am about to marry in Italy my Mexican fiance who is currently living with me in London under a 6-month tourist visa. After the wedding we would like to apply for an EEA family permit but we don't know whether it's possible to apply from within the UK or not. In the first case what's the name of the office whe should contact?
In the second case do you think it's better to apply from Italy or from Mexico?
Since we are living here, we really would prefer to apply from within the UK.
Sometimes it seem that we are never going to get our plan of obtaining a permit for him through!!! All the websites are so confused!!!
Thank you in advance for your help!

[yankeegirl]

Hi!

It is not possible to apply for a family permit from within the UK. I don't think it's possible to change from a visitor visa to any other type from within the UK.

As far as applying in Italy, I'm not sure if this would be possible, as I think he would have to show he is legally resident in Italy, and I'm not sure if having a visitor's visa would suffice. Look into it though, it might be a possibility.

He might have to return to Mexico to apply for the permit. This would have to be done in Mexico City. I had a brief look on the embassy website, and they no longer accept applications by post. Applications in person don't need an appointment. They state that they aim to process the applications made in person in 1-2 working days.
http://www.britishembassy.gov.uk/servle ... 7968021145

Good luck!

[John]

It is not possible to apply for a family permit from within the UK.

I agree, but given the way that the EU/EEA regulations are drafted I don't agree with :-

I don't think it's possible to change from a visitor visa to any other type from within the UK.

It might be useful to have a read through the FAQS as issued by BIA ... click here. That is, the non-EEA family member has a right to reside in the UK, and is not even obliged to use form EEA2 to apply for a Residence Card. However applying for such a card really is necessary if employment is going to be sought. That is, without a Residence Card it might prove impossible to obtain employment.

[yankeegirl]

Thanks for that link John. So, basically once married, the OP's husband can apply for the residence card using EEA2?

[saraiha]

Thanks a lot guys you have been very useful!!!