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HELP NEEDED! EEA family permit+ residence permit for husband

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

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Gale777
Newly Registered
Posts: 10
Joined: Sun Nov 13, 2011 8:48 pm
Location: UK

HELP NEEDED! EEA family permit+ residence permit for husband

Post by Gale777 » Sun Nov 13, 2011 10:46 pm

Hello everyone,

I'd be grateful if someone could help me with the following questions.

My future husband is EEA national(France),we live in London and he works here for 3 years already. He needs to apply for a residence permit, because I'm applying for a EEA Family Permit this January.("EEA nationals will need to apply for a residence permit if their family members want to apply for a residence document") Our marriage will be this December.

The problem is that I have my current visa till March 2012 and I've heard that if we apply by post it can take up to 6 month and I'll have only 2 month, before my visa expired. Also we need to travel during this time and we need our passports as well.


Should he apply for a residence permit now or it's better to apply together in person in the Home Office after marriage in January?

How to apply in person?
I tried to apply online for EEA1 but there were no appointments during next 6 month, what should we do then?


I've read that I also can apply for a "residence document" if i am inside the country. What is the difference between EEA family permit and residence document?



Thank you so much for your answers in advance!! I absolutely get lost...... :cry:

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Re: HELP NEEDED! EEA family permit+ residence permit for hus

Post by Jambo » Sun Nov 13, 2011 10:58 pm

Gale777 wrote: My future husband is EEA national(France),we live in London and he works here for 3 years already. He needs to apply for a residence permit, because I'm applying for a EEA Family Permit this January.("EEA nationals will need to apply for a residence permit if their family members want to apply for a residence document") Our marriage will be this December.

The problem is that I have my current visa till March 2012 and I've heard that if we apply by post it can take up to 6 month and I'll have only 2 month, before my visa expired. Also we need to travel during this time and we need our passports as well.


Should he apply for a residence permit now or it's better to apply together in person in the Home Office after marriage in January?

How to apply in person?
I tried to apply online for EEA1 but there were no appointments during next 6 month, what should we do then?


I've read that I also can apply for a "residence document" if i am inside the country. What is the difference between EEA family permit and residence document?



Thank you so much for your answers in advance!! I absolutely get lost...... :cry:
Best first is to read the following page on UKBA website: Residence documents for non-EEA family members of EEA nationals.
To summarise:
* Your future EEA national husband does not need to apply for anything. Even to support your application
* You don't need to apply for anything as by being married to a EEA national is enough. However, it is advisable to apply for some documentation from the HO to make life easier when crossing border or looking for work.
* There are no in-person appointment for non-EEA national family members. Only post application but they are free of charge.
* Once you are married to a EEA national exercising treaty rights in the UK (in your case - working) - you are legal in the UK. It doesn't matter if you have a "visa" or permission from the HO or if you old visa expire.
* If you are in the UK already, your don't need to apply for a Family Permit but can apply for a 5 years Residence card using form EEA2. It can take upto 6 months although the average nowadays is about 3-4 months. You can ask your passport to be sent back during the application if needed. This will not affect your application.

Gale777
Newly Registered
Posts: 10
Joined: Sun Nov 13, 2011 8:48 pm
Location: UK

Re: HELP NEEDED! EEA family permit+ residence permit for hus

Post by Gale777 » Mon Nov 14, 2011 12:19 am

Jambo wrote:
Gale777 wrote: My future husband is EEA national(France),we live in London and he works here for 3 years already. He needs to apply for a residence permit, because I'm applying for a EEA Family Permit this January.("EEA nationals will need to apply for a residence permit if their family members want to apply for a residence document") Our marriage will be this December.

The problem is that I have my current visa till March 2012 and I've heard that if we apply by post it can take up to 6 month and I'll have only 2 month, before my visa expired. Also we need to travel during this time and we need our passports as well.


Should he apply for a residence permit now or it's better to apply together in person in the Home Office after marriage in January?

How to apply in person?
I tried to apply online for EEA1 but there were no appointments during next 6 month, what should we do then?


I've read that I also can apply for a "residence document" if i am inside the country. What is the difference between EEA family permit and residence document?



Thank you so much for your answers in advance!! I absolutely get lost...... :cry:
Best first is to read the following page on UKBA website: Residence documents for non-EEA family members of EEA nationals.
To summarise:
* Your future EEA national husband does not need to apply for anything. Even to support your application
* You don't need to apply for anything as by being married to a EEA national is enough. However, it is advisable to apply for some documentation from the HO to make life easier when crossing border or looking for work.
* There are no in-person appointment for non-EEA national family members. Only post application but they are free of charge.
* Once you are married to a EEA national exercising treaty rights in the UK (in your case - working) - you are legal in the UK. It doesn't matter if you have a "visa" or permission from the HO or if you old visa expire.
* If you are in the UK already, your don't need to apply for a Family Permit but can apply for a 5 years Residence card using form EEA2. It can take upto 6 months although the average nowadays is about 3-4 months. You can ask your passport to be sent back during the application if needed. This will not affect your application.
Thank you so much! I appreciate your attention to my question. I have a couple of questions, if you don't mind:)
1.Can I apply for Residence Card inside UK if I have C-Visit visa now? I got this visa as a partner of EEA national.
2. Are you sure he doesn't need to support my application? Under my current visa I am not aloud to work. What does "support" mean in this case?

3.On the page you gave is written:

"You must also provide:

evidence that the EEA is currently exercising European Treaty rights in the UK, if you are applying for a residence card"


"exercising Treaty rights" as far as I understood can be a work contract, right? if he has it, he do not need to apply for anything.

Sorry for so many questions and THANK YOU for help :D

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Nov 14, 2011 12:37 am

You are in the UK already, so you do not need to apply for an EEA Family Permit. In fact you can only apply for it if you are outside the UK.

You are not yet married. How long have you lived together? If you have lived together for more than 2 years, then you can apply for the Residence Card now. If not you will (generally) have to wait until you marry next month. The application is done all by post and generally takes 3-4 months.

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Re: HELP NEEDED! EEA family permit+ residence permit for hus

Post by Jambo » Mon Nov 14, 2011 8:10 am

Gale777 wrote: Thank you so much! I appreciate your attention to my question. I have a couple of questions, if you don't mind:)
1.Can I apply for Residence Card inside UK if I have C-Visit visa now? I got this visa as a partner of EEA national.
Yes. The previous/current immigration status is not relevant.
2. Are you sure he doesn't need to support my application? Under my current visa I am not aloud to work. What does "support" mean in this case?
He needs to support you application. He doesn't need to apply for Residence Permit (EEA1 form) himself to support your application. By "support your application" I mean you will need to provide his passport and evidence of exercising treaty rights (working).
3.On the page you gave is written:

"You must also provide:

evidence that the EEA is currently exercising European Treaty rights in the UK, if you are applying for a residence card"


"exercising Treaty rights" as far as I understood can be a work contract, right? if he has it, he do not need to apply for anything.
D
Read the EEA2 form, it clearly states the supporting documents needed. A work contract, letter from employer or payslip are all fine.

Kitty
Senior Member
Posts: 706
Joined: Wed Jan 17, 2007 10:54 am
Location: Southampton, UK

Post by Kitty » Mon Nov 14, 2011 9:57 am

Deleted: sorry!

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