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EEA Family Permit - Help

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

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Tacz
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EEA Family Permit - Help

Post by Tacz » Sat Feb 25, 2017 10:43 pm

Hello,

My name is Tais, I am brazilian and I would like to join my Italian husband that has been living and working in UK for almost 3 years.
I am trying to apply for a EEA Family Permit, but I have some questions. I would really appreciate any help.

1) My husband was renting a house in London, but we chose to get married in Italy and wait together for my visa (he can work remotely) so he cancelled the contract of the house and transfered his residence to one of his friends's house (he just changed the address in the bank account and other services). As soon as I get the FP we will rent a house for us in London (we have been living in Italy for the last 3 months in his mother's house, where he is like "on holidays"). We are concerned that this may be a problem, as he no longer has a house contract in the UK, but as I said he moved his residence to his friend, even though he actually never lived there as we have been in Italy all the time. A letter from his friend saying that we can live there is enough? Do you think it is better if he goes to London alone and rents a house before that I apply?

2) On the website they asked if I have authorisation to be on the country that I am applying for the Family Permit. I entered in Italy as a tourist and I applied for the "Permesso di soggiorno" which is similar to a visa to stay here with my husband, but the appointment is just in 2 months and my tourist visa will expire in a few weeks. In Italy this is legal as we are married and we have the apponitment anyway. Is it possible that they don't accept the appointment as proof that I am legally here?

3) I got my degree in Brazil recently, so I am not working but I am waiting to start my career in London when I will have the VISA. Should I put that I am unemployed or dependent of my husband? He has been paying everything for me and will keep doing so until I will find a job to sustain myself.

4) Income and Expenditure: There are a lot of questions (see below) about how much this trip will cost for me, but my husband is going to pay for everything I need. Can I answer N/A to all these questions?

"How much do you spend each month on living costs?
What is the cost to you personally of your trip in GBP?
The total amount of money you have for this trip?
The cost of the tickets?
The cost of your accommodation?
The cost of your living expenses?
Is someone else paying for all or part of your trip?"

5) Who do you live with at the moment and what is your relation to them? At the moment we are living in his mother's house in Italy, is a letter from her enough?


Thank you!

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Casa
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Re: EEA Family Permit - Help

Post by Casa » Sat Feb 25, 2017 10:52 pm

Tacz wrote:Hello,

My name is Tais, I am brazilian and I would like to join my Italian husband that has been living and working in UK for almost 3 years.
I am trying to apply for a EEA Family Permit, but I have some questions. I would really appreciate any help.

1) My husband was renting a house in London, but we chose to get married in Italy and wait together for my visa (he can work remotely) so he cancelled the contract of the house and transfered his residence to one of his friends's house (he just changed the address in the bank account and other services). As soon as I get the FP we will rent a house for us in London (we have been living in Italy for the last 3 months in his mother's house, where he is like "on holidays"). We are concerned that this may be a problem, as he no longer has a house contract in the UK, but as I said he moved his residence to his friend, even though he actually never lived there as we have been in Italy all the time. A letter from his friend saying that we can live there is enough? Do you think it is better if he goes to London alone and rents a house before that I apply?

2) On the website they asked if I have authorisation to be on the country that I am applying for the Family Permit. I entered in Italy as a tourist and I applied for the "Permesso di soggiorno" which is similar to a visa to stay here with my husband, but the appointment is just in 2 months and my tourist visa will expire in a few weeks. In Italy this is legal as we are married and we have the apponitment anyway. Is it possible that they don't accept the appointment as proof that I am legally here?

3) I got my degree in Brazil recently, so I am not working but I am waiting to start my career in London when I will have the VISA. Should I put that I am unemployed or dependent of my husband? He has been paying everything for me and will keep doing so until I will find a job to sustain myself.

4) Income and Expenditure: There are a lot of questions (see below) about how much this trip will cost for me, but my husband is going to pay for everything I need. Can I answer N/A to all these questions?

"How much do you spend each month on living costs?
What is the cost to you personally of your trip in GBP?
The total amount of money you have for this trip?
The cost of the tickets?
The cost of your accommodation?
The cost of your living expenses?
Is someone else paying for all or part of your trip?"

5) Who do you live with at the moment and what is your relation to them? At the moment we are living in his mother's house in Italy, is a letter from her enough?


Thank you!
Are you sure you are preparing to submit an application for an EEA permit? The questions you've posted seem to be relevant to a visitor visa under UK Immigration Rules. :idea:

https://www.gov.uk/family-permit/overview
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Tacz
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Re: EEA Family Permit - Help

Post by Tacz » Sat Feb 25, 2017 11:27 pm

Yes, I want to join him in London to live and work there indefinitely. My husband has been living there for almost 3 years, he is just gone a few months in Italy with me so that we could get married but then we will both go back to London for many years.

For the VISA type in the application I chose the one for "Family Member of an EEA National".

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Casa
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Re: EEA Family Permit - Help

Post by Casa » Sun Feb 26, 2017 10:21 am

Did you click on the link I posted for you? An EEA family permit isn't a visa
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Tacz
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Re: EEA Family Permit - Help

Post by Tacz » Sun Feb 26, 2017 10:40 am

Casa wrote:Did you click on the link I posted for you? An EEA family permit isn't a visa
I did read the link you sent (many times before asking the questions).

I used the word VISA because the section "Apply" guides me to the website "Visa4UK" which clearly asks for a type of VISA. Are you saying that I am trying to apply on the wrong website?

If I look at the "EEA family permit" page that you linked I can see that I have all the requirements and if I click apply online then I end up going to the "Visa4UK" website where I choose "Reason for Visit: Other" -> "Visa Type: EEA/Swiss Family Member" -> "Visa Sub Type: Family Member of an EEA National" and I get, among others, the questions that I asked in my original post.

Please do let me know if my choice is wrong. All we want is for me to be able to stay with him in the UK with the right to work there.

Thank you

Tacz
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Re: EEA Family Permit - Help

Post by Tacz » Sun Feb 26, 2017 11:25 am

I also read that given that I am Brazilian I could just go to the UK as a visitor and once inside ask for a UK residence card https://www.gov.uk/apply-for-a-uk-resid ... d/overview. Is this possible? Should I say to the border officer that I will ask for a residence card in the following days?

I want to do everything legally and I don't know if this option is correct.
My husband will be flying with me if this can help.

Sorry for the many questions but this is a bit confusing and I wasn't able to find a clear way to do this on my own.

kamoe
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Re: EEA Family Permit - Help

Post by kamoe » Sun Feb 26, 2017 12:05 pm

Casa wrote:Did you click on the link I posted for you? An EEA family permit isn't a visa
I would say it is a visa.
See the Guide to supporting documents for EEA Family Permit. The word visa is used throughout. Example, clean and clear, second row:
"We will not issue a visa if you do not have a valid passport or travel document
to put the visa in. "

https://www.gov.uk/government/uploads/s ... permit.pdf
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

srn750
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Re: EEA Family Permit - Help

Post by srn750 » Sun Feb 26, 2017 12:12 pm

I'm pretty sure you're good to go with EEA Family Permit, as long as you can prove the following:
  • Legitimate marriage (English certified translated marriage certificate), photos together of marriage, call/chat logs if you have any (leave no wiggle room), any financial support sent to you)
  • Proof of your husband having a job in the UK if he has lived there for more than 3 months (employer letter, payslips, etc). Remember his job needs to be from a UK employer.
  • Passports
Make sure you provide a cover letter too when you hand in your supporting documents. Remember that they will scrutinise your supporting documents, if you make any claim you don't back up they will bite. If for example you say your relationship began 3 years ago, make sure you have proof to support that.

The online application for EEA family permit asks a lot more questions than necessary, what I did was type N/A and then in the box where you can add additional comments I mentioned the following: https://www.gov.uk/government/publicati ... ily-permit (last paragraph)

Once your EEA family permit comes in you can apply for an RC (you're allowed to work with EEA family as well).
Last edited by srn750 on Sun Feb 26, 2017 12:15 pm, edited 1 time in total.

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Casa
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Re: EEA Family Permit - Help

Post by Casa » Sun Feb 26, 2017 12:14 pm

I believe you can ask the Immigration Officer for a Code 1A stamp on entry as the family member of an EEA national. You should however carry with you evidence that your husband is exercising his Treaty rights in the UK.

Wait for others to confirm and comment.

No need to apologies for posting questions. That's what the forum is here for.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Casa
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Re: EEA Family Permit - Help

Post by Casa » Sun Feb 26, 2017 12:17 pm

kamoe wrote:
Casa wrote:Did you click on the link I posted for you? An EEA family permit isn't a visa
I would say it is a visa.
See the Guide to supporting documents for EEA Family Permit. The word visa is used throughout. Example, clean and clear, second row:
"We will not issue a visa if you do not have a valid passport or travel document
to put the visa in. "

https://www.gov.uk/government/uploads/s ... permit.pdf
The link to the information is out-of-date. The UKBA was disbanded in March 2013 due to being unfit for purpose and superseded by the UKVI in April 2013.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

kamoe
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Re: EEA Family Permit - Help

Post by kamoe » Sun Feb 26, 2017 12:24 pm

Casa wrote: The link to the information is out-of-date. The UKBA was disbanded in March 2013 due to being unfit for purpose and superseded by the UKVI in April 2013.
Maybe the letter-head of the document is outdated, but not the link or its contents.
I got to the link via the link you posted, trail is here:

https://www.gov.uk/family-permit/overview, then
https://www.gov.uk/family-permit/eligibility, then
https://www.gov.uk/family-permit/docume ... st-provide, then
https://www.gov.uk/government/publicati ... -form-vaf5, and voilà
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

kamoe
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Re: EEA Family Permit - Help

Post by kamoe » Sun Feb 26, 2017 12:26 pm

Tacz wrote:I also read that given that I am Brazilian I could just go to the UK as a visitor and once inside ask for a UK residence card https://www.gov.uk/apply-for-a-uk-resid ... d/overview. Is this possible?
Not if the purpose of your trip is to join him permanently. For a visit of less than six months is OK.
Should I say to the border officer that I will ask for a residence card in the following days?
Not if you don't have a Family Permit on your passport, as that would be incorrect procedure.
I want to do everything legally and I don't know if this option is correct.
If in doubt you can always check here: https://www.gov.uk/check-uk-visa
Select your nationality and the purpose of your visit. For your case, I got the answers above.
My husband will be flying with me if this can help.
Get a Family Permit, and it will be fine.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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Casa
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Re: EEA Family Permit - Help

Post by Casa » Sun Feb 26, 2017 12:34 pm

Casa wrote:I believe you can ask the Immigration Officer for a Code 1A stamp on entry as the family member of an EEA national. You should however carry with you evidence that your husband is exercising his Treaty rights in the UK.

Wait for others to confirm and comment.

No need to apologies for posting questions. That's what the forum is here for.
Further to my post above, note the change in the Code 1A.

"If the officer is satisfied that the passenger is eligible for admission, the passenger's valid
passport will be endorsed at the border using an "EEA Dependant" ink stamp for a period
of six months. This stamp has replaced the "code 1A" stamp previously used for this
purpose."
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

kamoe
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Re: EEA Family Permit - Help

Post by kamoe » Sun Feb 26, 2017 12:45 pm

Tacz wrote: If I look at the "EEA family permit" page that you linked I can see that I have all the requirements and if I click apply online then I end up going to the "Visa4UK" website where I choose "Reason for Visit: Other" -> "Visa Type: EEA/Swiss Family Member" -> "Visa Sub Type: Family Member of an EEA National" and I get, among others, the questions that I asked in my original post.
You seem to be on the right application page.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

Tacz
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Re: EEA Family Permit - Help

Post by Tacz » Sun Feb 26, 2017 2:36 pm

kamoe wrote:
Tacz wrote:I also read that given that I am Brazilian I could just go to the UK as a visitor and once inside ask for a UK residence card https://www.gov.uk/apply-for-a-uk-resid ... d/overview. Is this possible?
Not if the purpose of your trip is to join him permanently. For a visit of less than six months is OK.
Should I say to the border officer that I will ask for a residence card in the following days?
Not if you don't have a Family Permit on your passport, as that would be incorrect procedure.
I couldn't find any restriction of this type in the UK Residence Card page https://www.gov.uk/apply-for-a-uk-residence-card.
It seems that I just need to be in the UK and be eligible (in my case as spouse of an EEA national that lives and works there), which makes me think that I could just enter as a visitor and then apply for it. Do you have any articles or something that states the contrary?

On another side, if we do try to get the "EEA Dependant" ink instead by showing all the documents to the border officer and I somehow get the access denied (even though I don't think would happen as we have all the documents), will this affect the status of an eventual future application for the family permit from the online portal?

I know that getting the Permit would be the safest option, but if it is my right to be admitted in the UK with a EEA Dependant ink and then ask for a residence card I assume it would make things faster so why not to go for it?

To sum up, I can see 3 possible ways here:
  • 1) I go to the UK as a tourist like I used to do before getting married (by showing up at the border and saying that I am there to visit my husband) and once there I ask for a UK residence card. It seems that is not possible to do this but I would like to see something that documents it.
    2) I go to the UK and at the border I ask to be admitted with a "EEA Dependant" ink and once inside I apply for the UK residence card. It seems better than the first option but I am afraid I could be refused somehow?
    3) I apply for the family permit online and put N/A in many questions (see the beginning of this post). This seems to be the safest option. We have also to consider that it would cost us money and time to go to Rome, and my husband would have to take a few days off from work.

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Re: EEA Family Permit - Help

Post by kamoe » Sun Feb 26, 2017 4:40 pm

Tacz wrote: I couldn't find any restriction of this type in the UK Residence Card page https://www.gov.uk/apply-for-a-uk-residence-card.
It seems that I just need to be in the UK and be eligible (in my case as spouse of an EEA national that lives and works there), which makes me think that I could just enter as a visitor and then apply for it. Do you have any articles or something that states the contrary?
You could do that, but since you said you want to do things properly:

I told you. Go here: https://www.gov.uk/check-uk-visa
If you enter 'Brazil' as nationality, and 'Join partner or family for a long stay' as purpose of visit, the answer is that you need a visa (it then directs you to the Family Permit page). That page is there to answer your original question, and it is a straightforward answer.
I know that getting the Permit would be the safest option, but if it is my right to be admitted in the UK with a EEA Dependant ink and then ask for a residence card I assume it would make things faster so why not to go for it?
Straightforward answer: Less stress when in the immigration queue at the airport. Also, cleaner, more consistent record when applying for RC.
  • 1) I go to the UK as a tourist like I used to do before getting married (by showing up at the border and saying that I am there to visit my husband) and once there I ask for a UK residence card. It seems that is not possible to do this but I would like to see something that documents it.
See answer above.
2) I go to the UK and at the border I ask to be admitted with a "EEA Dependant" ink and once inside I apply for the UK residence card. It seems better than the first option but I am afraid I could be refused somehow?
I genuinely don't think you can legally be refused, but I also do genuinely think you could very well spend a good half an hour of scrutiny at the airport.
3) I apply for the family permit online and put N/A in many questions (see the beginning of this post). This seems to be the safest option. We have also to consider that it would cost us money and time to go to Rome, and my husband would have to take a few days off from work.[/list]
Indeed. Up to you to decide.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

Tacz
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Re: EEA Family Permit - Help

Post by Tacz » Sun Feb 26, 2017 9:45 pm

Thank you all for the help, I really appreciate it!

We decided to apply for the Family Permit from Rome, I will update when I have news.

mastersplinter
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Re: EEA Family Permit - Help

Post by mastersplinter » Wed Jul 12, 2017 10:54 am

Hi Tacz,

How did your application go in Rome? How long did it take? Considering the same thing.

Thanks!

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