Austrian Citizen - UK EEA Family Permit

[byenano]

I would like to ask about the right procedure I should follow in order to apply for the EEA Family Permit for my wife.

I am an Austrian citizen I have lived in Ecuador for a long time. After finishing my university studies here in 2010 I moved in with my girlfriend (civil partner) and I plan to marry her soon. I also plan to move to the UK in order to work and live there. I know that my civil partner, who will become my wife, must apply for the EEA Family Permit in order to travel with me to the UK (we would apply once we are married)

My questions are:

1. Do I have to have a work offer, contract, from a British company before travelling to the UK? I intend to travel there and look for a job once I am there.
2. I understand that I should have enough financial resources to support me and my future wife. Is there and specific amount or rate that you consider to assess my financial capacity? For example other European embassies require that the applicant possesses 80 EUR per person for every day they plan to visit Europe as tourists.


It would be very nice if you could give any information.

[Jambo]

Under the EU free movement, EEA nationals and their family member enjoy free movement within the member states. For the first 3 months in the UK, you have unrestricted right of residence. For the purpose of obtaining a EEA Family Permit for your partner, your intentions in the UK are not relevant. All that is needed is that you want to move to the UK and that your partner will accompany/join you.

There is no need to have a job offer in the UK.
There is no need to show any evidence for finance or employment (you can ignore those sections in the application form).

All that is needed is:
Your passports
A proof of relationship (marriage certificate)
You stating you wish to travel together to the UK.

If you apply just after getting married, you might consider provide evidence to show the relationship is genuine and not for immigration purposes. Evidence such as utility bills if you lived together. If you do that, I would state in the covering letter that although the regulations require only a marriage certificate to establish relationship and nothing else, you have added some evidence to prove the relationship is genuine.

See more - EEA Family Permit and http://eumovement.wordpress.com/eu-coun ... d-kingdom/

[Directive/2004/38/EC]

1. Do I have to have a work offer, contract, from a British company before travelling to the UK? I intend to travel there and look for a job once I am there.
2. I understand that I should have enough financial resources to support me and my future wife. Is there and specific amount or rate that you consider to assess my financial capacity? For example other European embassies require that the applicant possesses 80 EUR per person for every day they plan to visit Europe as tourists.

Welcome to the forum.

Answer 1: No. None. Nothing required in advance
Answer 2: No resources required.

Answer 3: This is the important answer. My strong personal opinion is you should NOT answer any questions on the application about you or your wife's financial resources, where either of you work now, where you plan to work in the UK or even what you plan to do. Also do not put down a date when you plan to leave the UK. Do not put a UK address.

None of these are relevant for the application you are making. They are the equivalent of the question: "What is your favourite colour?"

In your cover letter explain that you will be moving to the UK together. Explain that you "understand that if we decide to stay beyond 90 days, that I will at that point be required to be a qualified person"

You might ask "Warum?" It is because UKBA has recently been incorrectly turning down people who have supplied the information mentioned.

Good luck with the wedding and enjoy the move to the UK. It will be a big change, but can be fun!

[EUsmileWEallsmile]

The UK used to require financial information, etc from applicants from outside the EU. They are not allowed to do this (post Metock). The form has not been amended to reflect current practice.

As Directive posted, don't be too willing to provide the unnecessary information. Score the irrelevant parts out, write N/A or" see covering letter" if you are uncomfortable leaving them blank.

[v04bf04a]

Under the EU free movement, EEA nationals and their family member enjoy free movement within the member states. For the first 3 months in the UK, you have unrestricted right of residence. For the purpose of obtaining a EEA Family Permit for your partner, your intentions in the UK are not relevant. All that is needed is that you want to move to the UK and that your partner will accompany/join you.

There is no need to have a job offer in the UK.
There is no need to show any evidence for finance or employment (you can ignore those sections in the application form).

All that is needed is:
Your passports
A proof of relationship (marriage certificate)
You stating you wish to travel together to the UK.

Just a quick question.

Are you sure this does not only apply to a dependent spouse?

For example, the handbook on 2004/38/EC says

http://ec.europa.eu/justice/policies/ci ... nt_low.pdf

The right of entry of your third country family members is derived from their family ties with you, an EU citizen. All the consular officials can ask for is their passport and a document establishing their family ties with you, such as a marriage or birth certificate and proof of dependence, where applicable. Your family members cannot be asked to present documents such as travel tickets, employment certificate, pay slips, bank statements, proof of accommodation and means of subsistence or a medical certificate.

So the question is

(1) where is proof of dependence applicable - does it apply to EEA permit? and
(2) Your family members cannot be asked to provide these documents, but can a Union citizen be asked to provide these documents?

Furthermore, if we look at the text of the Directive in question, it does state that

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:EN:PDF

2. Without prejudice to any right to free movement and residence the persons concerned may have in their own right, the host Member State shall, in accordance with its national legislation, facilitate entry and residence for the following persons:
(a)
any other family members, irrespective of their nationality, not falling under the definition in point 2 of Article 2 who, in the country from which they have come, are dependants or members of the household of the Union citizen having the primary right of residence, or where serious health grounds strictly require the personal care of the family member by the Union citizen;
(b)the partner with whom the Union citizen has a durable relationship, duly attested.

(with my emphasis)

So what is a durable relationship?

Might it not have to be backed up with something more than just a marriage/ civil partnership certificate?

[Directive/2004/38/EC]

If you are married, you are by definition a family member. There is no need for the spouse to be dependent in any way, and no need to prove the dependence.

[v04bf04a]

If you are married, you are by definition a family member. There is no need for the spouse to be dependent in any way, and no need to prove the dependence.

Yes that would have been my understanding, I just wanted to double check.

What about the second point though, in relation to the 2004 directive and the reference to a durable relationship?

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:EN:PDF

2. Without prejudice to any right to free movement and residence the persons concerned may have in their own right, the host Member State shall, in accordance with its national legislation, facilitate entry and residence for the following persons:
[...]
(b)the partner with whom the Union citizen has a durable relationship, duly attested.

The directive does not stipulate how a durable relationship might be "duly attested", or how a relationship might be shown to be of a durable nature at all - is a marriage inherently durable?

Therefore, could the process be open to interpretation in accordance with the domestic procedures of the host state?

I ask this because my spouse provided both our passports, marriage certificate and letter of intention to travel to the UK, and we were denied an EEA Family Permit. We do not yet know the reason why it was denied, but are awaiting a letter (the rejection was mailed, but an error was made in posting the rejection letter)

[Directive/2004/38/EC]

A "durable relationship" is another way of saying a "common law relationship". So it is not you.

But if you were not married, then you would show ("duly attested") you have a common law relationship by having kids together, or a house, or having lived together for the last 7.337 years, ...

[v04bf04a]

A "durable relationship" is another way of saying a "common law relationship". So it is not you.

But if you were not married, then you would show ("duly attested") you have a common law relationship by having kids together, or a house, or having lived together for the last 7.337 years, ...

This makes sense to me Directive, and I would agree with your interpretation, but seeing as how my spouse's application has been denied, and failing any problems with our basic documents, it seems the UK border agency might be interpreting the directive differently.

Thanks for your advice @Directive, and best of luck @OP. I hope you have better luck with the UKBA than we are having.

[EUsmileWEallsmile]

What was the basis for the refusal?

[byenano]

A "durable relationship" is another way of saying a "common law relationship". So it is not you.

But if you were not married, then you would show ("duly attested") you have a common law relationship by having kids together, or a house, or having lived together for the last 7.337 years, ...

Do you consider that I will have any problem if my marriage is "young"?

I have been with my girlfriend 5 years, and I have ways to proove that relationship. But we will apply for the EEA Family Permit just some time after we get married.

[Directive/2004/38/EC]

The way it is supposed to work is as follows:

If you are married, then you have the certificate and the story is over.

If they have any questions about the legitimacy of the relationship, they are supposed to ask for more detail.

[EUsmileWEallsmile]

A "durable relationship" is another way of saying a "common law relationship". So it is not you.

But if you were not married, then you would show ("duly attested") you have a common law relationship by having kids together, or a house, or having lived together for the last 7.337 years, ...

Do you consider that I will have any problem if my marriage is "young"?

I have been with my girlfriend 5 years, and I have ways to proove that relationship. But we will apply for the EEA Family Permit just some time after we get married.

Notwithstanding what there are supposed to do, if you have recently married it would be a good idea to provide some evidence of a longer term relationship if you can. It's not required in law.

[byenano]

If you are married, you are by definition a family member. There is no need for the spouse to be dependent in any way, and no need to prove the dependence.

Yes that would have been my understanding, I just wanted to double check.

What about the second point though, in relation to the 2004 directive and the reference to a durable relationship?

().do?uri=OJ:L1580123:EN:PDF

2. Without prejudice to any right to free movement and residence the persons concerned may have in their own right, the host Member State shall, in accordance with its national legislation, facilitate entry and residence for the following persons:
[...]
(b)the partner with whom the Union citizen has a durable relationship, duly attested.

The directive does not stipulate how a durable relationship might be "duly attested", or how a relationship might be shown to be of a durable nature at all - is a marriage inherently durable?

Therefore, could the process be open to interpretation in accordance with the domestic procedures of the host state?

I ask this because my spouse provided both our passports, marriage certificate and letter of intention to travel to the UK, and we were denied an EEA Family Permit. We do not yet know the reason why it was denied, but are awaiting a letter (the rejection was mailed, but an error was made in posting the rejection letter)

Hi, sorry to ask this, but, have you already received the rejection letter? Do u know the reasons for the denial? This is because I will soon be applying for the EEA permit and I wouldn't like to have any surprises. Thanks in advance if you could tell me anything

[mEEA]

Hi, sorry to ask this, but, have you already received the rejection letter? Do u know the reasons for the denial? This is because I will soon be applying for the EEA permit and I wouldn't like to have any surprises. Thanks in advance if you could tell me anything

well this is my question too, would be thankful for an update. all the best, meea.

[byenano]

1. Do I have to have a work offer, contract, from a British company before travelling to the UK? I intend to travel there and look for a job once I am there.
2. I understand that I should have enough financial resources to support me and my future wife. Is there and specific amount or rate that you consider to assess my financial capacity? For example other European embassies require that the applicant possesses 80 EUR per person for every day they plan to visit Europe as tourists.

Welcome to the forum.

Answer 1: No. None. Nothing required in advance
Answer 2: No resources required.

Answer 3: This is the important answer. My strong personal opinion is you should NOT answer any questions on the application about you or your wife's financial resources, where either of you work now, where you plan to work in the UK or even what you plan to do. Also do not put down a date when you plan to leave the UK. Do not put a UK address.

None of these are relevant for the application you are making. They are the equivalent of the question: "What is your favourite colour?"

In your cover letter explain that you will be moving to the UK together. Explain that you "understand that if we decide to stay beyond 90 days, that I will at that point be required to be a qualified person"

You might ask "Warum?" It is because UKBA has recently been incorrectly turning down people who have supplied the information mentioned.

Good luck with the wedding and enjoy the move to the UK. It will be a big change, but can be fun!

Danke schön for the information. However, we are filling out the application form (only online application accepted) and they require from us certain datails and we are not sure what put:


1. The main purpose of the non-EEA national visit to the UK:

Should we put: live, work and eventually study?

2. how long do you intend to stay in the UK?

We will be there as long as we can, maybe we will settle down. What should we say then?

3. where do you and the EEA National plan to live in the UK?

We do not have any arranged details of acommodation. My cousin (EEA national) lives there with his family and he will host us for a few days until we find a place for ourselves. So, what should we say?

4. will you or the EEA National receive income from any other sources, including friends or family?

If needed, both our families can help us if anything were to happen. Do we put it just like that, or should we present a letter from our families and their financial documents?

5. Do you (the non-EEA national) intend to work in the UK?

My wife wants to work (as far as we understand she can do it on the EEA permit). But we do not have exact details or a specifc job offer. What should we say?


It would be of immense help if anybody could give us any light on this questions.