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eea family permit for wife and 2 kids

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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soliman
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eea family permit for wife and 2 kids

Post by soliman » Sun Aug 19, 2012 12:56 am

hello

i need help to know what to do

my wife and 2 kids they got the eea family permit for six months as they come to join me in the uk.

my questions now on the arrival in uk border, which documents she need to have with her visa??

on her arrival as they have f p vaild for 6 months ,do she need to apply soon for residence ?what she need to do ask for residence and which documents she need to bring with her from her origin country??

my wife got the family permit as wife of eea national...when she will apply for residence ,can she ask residence as mother of European kids(who they will get European passport soon) and not as wife eea national??

with best regards

Jambo
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Re: eea family permit for wife and 2 kids

Post by Jambo » Sun Aug 19, 2012 6:18 am

soliman wrote: my questions now on the arrival in uk border, which documents she need to have with her visa??
The EEA FP should be enough to let her in the country. The IO don't normally ask for additional documents but carrying your marriage certificate is always a good backup plan.
on her arrival as they have f p vaild for 6 months ,do she need to apply soon for residence ?what she need to do ask for residence and which documents she need to bring with her from her origin country??
If she wish (and this is recommended), she can apply for a 5 years Residence Card.
my wife got the family permit as wife of eea national...when she will apply for residence ,can she ask residence as mother of European kids(who they will get European passport soon) and not as wife eea national??
Why? It's is much simpler to apply as your spouse.

sum1
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Post by sum1 » Sun Aug 19, 2012 8:25 am

Generaly one should hold the same documents that where required at the time of application. In the case of the EEA FP that is documents proving the relationship to the EEA national and a copy of the EEA national's passport. If the EEA national has been in the host state for more than 3 months and thus required to exercise treaty rights it may not be a bad idea to also carry those documents.

If your wife wishes to apply for a Residence Card she can do so as soon as you both fulfill the requirements. Required national documents are the same as in the EEA FP application process.
http://www.ukba.homeoffice.gov.uk/eucitizens/

I can't think of a reason why your wife would wan't to obtain an RC based on the child. Doesn't make any sense to me.

EUsmileWEallsmile
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Re: eea family permit for wife and 2 kids

Post by EUsmileWEallsmile » Sun Aug 19, 2012 10:55 am

soliman wrote:hello

i need help to know what to do

my wife and 2 kids they got the eea family permit for six months as they come to join me in the uk.

my questions now on the arrival in uk border, which documents she need to have with her visa??

on her arrival as they have f p vaild for 6 months ,do she need to apply soon for residence ?what she need to do ask for residence and which documents she need to bring with her from her origin country??

my wife got the family permit as wife of eea national...when she will apply for residence ,can she ask residence as mother of European kids(who they will get European passport soon) and not as wife eea national??

with best regards
Passport and visa is all that is required, nothing else.

Regarding the family permit your wife has already gone to the time and effort to have entry clearance. Unless circumstances have changed since the time of application, then I see no reason why she would have to demonstrate entitlement again at the border. If you are not travelling together, it would be a good idea that your wife is able to contact you (I'm sure you will meet her at the airport anyway), but it is unlikely that there will be any problems.

Remember, you wife does not complete a landing card, her passport will be stamped on this occasion, but will not be anymore once she holds her residence card.

sum1
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Re: eea family permit for wife and 2 kids

Post by sum1 » Sun Aug 19, 2012 11:23 am

UKBA staff is perfectly entitled to check current circumstances vs. the circumstances at the time of the EEA FP application and they routinely do so. The burden of proof that the EEA national is in the UK when not travelling with the EEA national is on the non-EEA national. Ideally the EEA national picks up the non-EEA with their passport/ID and maybe even copies/originals of the document set. This may all sound like overkill and may not be necessary in most cases but may save time and trouble in case the border officer feels like investigating the case in more depth.

EUsmileWEallsmile
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Re: eea family permit for wife and 2 kids

Post by EUsmileWEallsmile » Sun Aug 19, 2012 2:11 pm

sum1 wrote:UKBA staff is perfectly entitled to check current circumstances vs. the circumstances at the time of the EEA FP application and they routinely do so.
Evidence please.

sum1
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Post by sum1 » Sun Aug 19, 2012 3:10 pm

I am not sure what kind of evidence you are asking for. It is the duty of border officers to ensure that the conditions for entry are met. Necessarily, they are the same as on the time of application. That seems just logical to me. I never claimed that the additional documents I mentioned above are a requirement but merely a convenience to have in case border police should ever ask.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sun Aug 19, 2012 3:30 pm

sum1 wrote:I am not sure what kind of evidence you are asking for. It is the duty of border officers to ensure that the conditions for entry are met. Necessarily, they are the same as on the time of application. That seems just logical to me. I never claimed that the additional documents I mentioned above are a requirement but merely a convenience to have in case border police should ever ask.
OK, I understand. It's an opinion and that's fine (I thought you might have known something in particular).

The right of entry of an EU family member is very strong. It is highly unlikely that the holder of an EEA family permit would be denied entry. They may be asked lot's of questions, but at the end of the day, the permit demonstrates that they met the requirements (otherwise they would not have got it).

soliman
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Post by soliman » Sun Aug 19, 2012 11:49 pm

thanks for all the forum member who answered me.its really cleared so many things to do.

i have another question

can my wife with her f p visit travel to another European country??

if she came here and the f p permit expired,how long she can stay in uk after the expired date? if she didn't apply for residence card she will have any problem with immigration?

regards

sum1
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Post by sum1 » Mon Aug 20, 2012 7:33 am

The EEA FP is a UK specific document and has no relevance for other member states. She will have to apply for a visa to travel but as a family member that should be easier and for free.

The EEA FP does not confer any rights. As long as she stays your wife and you continue residing in the UK and exercise your treaty rights she has the right to stay with you independ of any UK issued document. There is no legal requirement to hold a RC but practically strongly adviced (work, travel).

soliman
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Joined: Sun Aug 19, 2012 12:38 am

Post by soliman » Mon Aug 20, 2012 12:13 pm

thanks for your response.

how long it take to get the RC?
i heard that the application for non eea family memeber can take 6 months,is this right?

regards

sum1
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Post by sum1 » Mon Aug 20, 2012 12:48 pm

Yes, legally up to six months. There are various parallel threads here discussing actual timelines.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Mon Aug 20, 2012 8:10 pm

soliman wrote: can my wife with her f p visit travel to another European country??
I take it that your wife is a visa national (if not, she won't need a visa anyway).

A FP would not be valid in other EU countries, but a residence card will be.
If she wants she can apply for a free schengen visa, but if you're not in a rush just wait for the residence card.

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