Canadian living in France, married to Brit - EEA Family pmt?

[gmjk]

Hello. After advice from another poster, I'm considering entering the UK under the 'Surinder Singh' clause, as opposed to going through the process of obtaining a spouse visa. Here's the background:

- My husband and I were both born in Canada. He also has British citizenship and a British passport. Over two years ago we moved to France to live, and have both been working - I was able to work because of his UK citizenship. It was a pain to get the permit, but not expensive. He accepted a job offer in the UK a month ago and moved over there last week to set up residency. My intention was to apply for a UK visa as the spouse of a UK citizen.

- The reason I posted another thread in that forum was to ask about the financial requirements - long story short, my husband's new job will pay more than the 18,600 GBP required, but he just started. In Paris, we made more than the equivalent of 18,600 GBP combined - but not each. I was wondering which documents I needed to pay 50 euros a page to translate.

- In that thread, another poster mentioned the possibility of applying for an EEA family permit, and wow. I wouldn't have to pay the 1000GBP visa fee, or get reams of documents translated.

Does anyone have information about:
- whether the EEA family permit can be applied for within the UK (currently we're splashing out for an apartment in Paris and one in London, it's not cheap to say the least)
- whether the documents supplied would need to be translated (not a big deal since I'd be saving 1,100 EUR on the visa application fee)
- how long this application process would take.
Thanks very much.

[EUsmileWEallsmile]

Hello. After advice from another poster, I'm considering entering the UK under the 'Surinder Singh' clause, as opposed to going through the process of obtaining a spouse visa. Here's the background:

- My husband and I were both born in Canada. He also has British citizenship and a British passport. Over two years ago we moved to France to live, and have both been working - I was able to work because of his UK citizenship. It was a pain to get the permit, but not expensive. He accepted a job offer in the UK a month ago and moved over there last week to set up residency. My intention was to apply for a UK visa as the spouse of a UK citizen.

- The reason I posted another thread in that forum was to ask about the financial requirements - long story short, my husband's new job will pay more than the 18,600 GBP required, but he just started. In Paris, we made more than the equivalent of 18,600 GBP combined - but not each. I was wondering which documents I needed to pay 50 euros a page to translate.

- In that thread, another poster mentioned the possibility of applying for an EEA family permit, and wow. I wouldn't have to pay the 1000GBP visa fee, or get reams of documents translated.

Does anyone have information about:
- whether the EEA family permit can be applied for within the UK (currently we're splashing out for an apartment in Paris and one in London, it's not cheap to say the least)
- whether the documents supplied would need to be translated (not a big deal since I'd be saving 1,100 EUR on the visa application fee)
- how long this application process would take.
Thanks very much.

The Immigration (European Economic Area) Regulations 2006, regulation 9 is particularly relevant to you (google it).

You could enter the UK easily enough not being a visa national. You could apply for a free residence card once there. To qualify you would need to demonstrate that the conditions laid down in regulation 9 were met.

[gmjk]

The Immigration (European Economic Area) Regulations 2006, regulation 9 is particularly relevant to you (google it).

You could enter the UK easily enough not being a visa national. You could apply for a free residence card once there. To qualify you would need to demonstrate that the conditions laid down in regulation 9 were met.

Thanks for your response. Will I need to travel with my spouse? And is it viewed negatively at all to enter the country like this before getting the permit?

Sorry to sound so dim, I swear all this scouring through documents has my brain nearly melting out my ears.

[EUsmileWEallsmile]

Thanks for your response. Will I need to travel with my spouse? And is it viewed negatively at all to enter the country like this before getting the permit?

It is not essential that you travel with your spouse. You can apply in the UK with or without the family permit. The family permit would require you to make an application outside the UK only for you to have to repeat the exercise once you arrive.

The key point with either application is that you demonstrate that British spouse worked in another member state first (see words in reg 9).

[gmjk]

Your help has been invaluable, thank you.
I was getting caught up by the section of the UKBA website that says

Do you need an EEA family permit?

A non-EEA family member of an EEA national will need to obtain an EEA family permit before travelling to the UK if they are:

a 'visa national' (see 'More information' below); or
coming to live with the EEA national in the UK permanently or on a long-term basis.

and I was also thinking getting the Family Permit was necessary before getting the residence card.

You've lifted about million tonnes of stress of my head.

[Jambo]

See also MelC - Surninder Singh @ Calais (I believe the partner in this case is a visa national although this doesn't change the outcome at the border).

[Directive/2004/38/EC]

The EEA FP is not manditory. You can enter without it. In fact there are very careful rules that the UK and all other EU countries have implemented for this situation. See http://eumovement.wordpress.com/2010/08 ... to-travel/ There are a number of stories included, including of my wife and I entering Ireland. You should have no problem.

Because your husband is British, it is important that he also carries proof that he has been working in another EU member state. This can be pay slips, or a letter from his employer, or...

Note that your free movement right to return to the UK applies only if your husband is already there or you are travelling together. You can NOT go first.

[gmjk]

Thank you for your help.
Is it true that if I apply for the EEA Family Permit and wait a few weeks for it to arrive, that I could then start work in the UK much faster? I've been told that with the permit I could apply for things like a NIN upon arrival, etc. Whereas if I enter the country without the permit, then try to get a EEA2 residence card, I may have to wait six months to get the card and begin working.

[Directive/2004/38/EC]

Is it true that if I apply for the EEA Family Permit and wait a few weeks for it to arrive, that I could then start work in the UK much faster? I've been told that with the permit I could apply for things like a NIN upon arrival, etc. Whereas if I enter the country without the permit, then try to get a EEA2 residence card, I may have to wait six months to get the card and begin working.

So that is THE nice thing about the EEA FP. It allows you to work on entry.

If you do not have the FP, it is hard for employers to initially know if you can work.

When you apply for an RC, UKBA should "immediately" [sic] issue a Certificate of Approval which says that you can work. In practice, it often takes 4-8 weeks to arrive.

[Jambo]

Strictly speaking the stamp you get if you don't hold a EEA FP (Code 1A stamp) allows you to work (See more here) although a stamp might be less convincing than a full page vignette in the passport.

[Directive/2004/38/EC]

Were I in your situation, which I am not, I would simply move to the UK whenever you want.

I would travel with the following:
(1) your passport
(2) your marriage certificate
(3) proof that your husband was working in France (such as pay slips, french tax returns, photocopies of HIS registration in France)
(4) proof of your registration in France as spouse of an EU citizen (your Residence Card and any other govt paperwork you have)
(5) a copy of your husband's passport
(6) (ideally your husband will travel with you)
(7) a printout of http://eumovement.wordpress.com/2010/08 ... to-travel/
(8) a printout of http://eumovement.wordpress.com/2007/04 ... ional-law/
(9) If he is available, your husband to travel with you or meet you at the airport

If you have any problems travelling, stand your ground and ask for the SENIOR OFFICER IN CHARGE. Write down names and badge numbers clearly and openly. Emphasize to each person you talk with that you are a family member of a EU/UK citizen who was exercising his treaty rights in another EU member state and has now returned to the UK. That your entry is covered by European law.

[EUsmileWEallsmile]

...and remember, it will be much easier to convince an employer that you can work with a COA and subsequent residence card (both documents expressly state that one can work).