Newbie question, family permit or residence card?

[Deca]

I am Scandinavian recently living in the UK, married to non-EEA national.

It seems then she should apply through the EU route, so my question is should she apply for the EEA family permit, or the residence card? Or is this basically the same?

Most other info point to the EEA family permit, but according to the UK border agency it seems the latter:

"Residence Cards

Who is this for?

A residence card is for family members who come to the United Kingdom with an EEA or Swiss national, but who are not themselves EEA or Swiss nationals. The residence card confirms their right of residence under European law."

And the second question, we both are living in the UK (she still under work post-study visa), is it at all possible to apply from outside the EU in conjunction with an extende holiday (since I have heard processing times are waaaay faster that way) in case of the family permit, or does she have to apply from the UK.

Thanks in advance for any help, the official information is convoluted at best.

[WellingtonKiwi]

Hi there, the EEA Family Permit is a form of entry clearance, designed to enable non-EEA family members to join/accompany their EEA family to the UK. It’s only valid for 6 months as once the non-EEA person is in the UK they should apply for an EEA Residence Card. You need to apply for an EEA Family Permit from outside of the UK, and the UKBA website shows the turnaround times for different applications at each of the British Embassies/consulates.

If you wife is already in the UK (either on an EEA Family Permit, or a type of visa), she can apply for a residence card now. It does usually take a long time (6 months or longer) but some straightforward applications are processed much quicker (mine took only 5-6 weeks). But an advantage with EEA applications is that once the application is lodged, you can request return of passports while the application is being considered (of course, to travel your wife would still need a visa or entry clearance allowing her back into the UK – the Family Permit can be useful for this purpose!). Hope this helps, good luck!

[Deca]

Thanks, that is what I suspected but nice to see it confirmed!

I guess then that the residence card can only be applied for from within the UK - it is not possible to apply from outside to save time?

And another question, it seems the burden of proof when applying is mostly upon me as an EEA member. Having to document work, study, self-employment or "self-sufficiency". I take it for the latter one has to prove by bank statements etc that one will not be a drain on the British state. So how much in GBP is generally expected for this?

[WellingtonKiwi]

Hi, I’m not sure about the evidence of self sufficiency but I believe there are guidelines on the amount required to cover living costs for two people (and other posts about this on the forum) and that if applying under self sufficiency you are required to have comprehensive health insurance - hopefully someone else can provide more info...
You can also be considered to be ‘exercising your treaty rights’ as a job seeker.

[KiwiInLondon]

Hi WellingtonKiwi,

I have been reading these blogs for the last couple of days, and ahve bumped onto some of your comments. Like you, I'm from Wellington and am currently looking at staying in the UK with my partner - soon to be civil partner. We will be applying for the EEA2 permit as he has lived here for over 8 years and is currently a full-time student.

I read one of your posts where you mention that it is possible to apply for a Family Permit from outside the Uk - it sounds like the processing times here are horrendous. As I'm currently on a working holiday visa here that expires at the end of May, I am thinking that by the time we apply for the EEA2 residence card and the time it may take them to make a decision - sounds like a few people had to wait for over 6 months, my current visa will expire. So it may be an idea to apply for a Family Permit from another country ie Ireland or Germany where I have friends, and hopefully they woudl approve it in a few days - which would give me another 6 months. Do you think this is feasible? And does the Family Permit give the right to work in the UK while waiting for the outcome of the EEA2 decision? Sorry lots of questions but thought it may be good to clear things up before we start applying.

Sounds like you have been through the process and did ok in the end with not having to wait for too long. So really appreciate any advice on this.

Cheers mate, hope you're enjoying the UK.