Do I need an EEA Family Permit?

[dnlk89]

Hello,

I'm having some trouble figuring this one out. From what I understand, since my wife is a Swedish Citizen exercising her treaty rights to live in the UK, I should have the ability to join her in London under EU Free Movement rules. I'm an American Citizen which means that since I don't need to apply for a visa (like if I were from, say, traveling on a passport from Russia/Saudi Arabia/Afghanistan/etc), I don't have to get one. Plus, I don't think I have time to get one, as my flight leaves on the 16th of September.

We met when I was earning a graduate degree with the University of London, and we dated for two years. Last August, we decided to "try America," (which we didn't like) so we got married this July with plans of living in Europe for good. We both like London, and she's back there now preparing for me to arrive except now I'm worried. We'll only have been married two months when I arrive, even though we've been together for well over two years and I don't know what they'll think of that. Does this look better if I explain in person to a Border Force person, or should I just submit the forms and hope they get here in time?

Further: since she lived in London for three years prior to us leaving for the States, she's provided me with tax statements, a copy of her NHS card, her NI number, and months of UK bank statements showing her living off savings in the U.S. (she's also provided me with statements for last year showing that she made money in London, too).

We've recently put down money for rent on a flat in London (I have that form as well), and she just picked up a job (I have her contract) that will carry her share of the rent until I fly over mid-September. I have a bank statement that says I've got enough money to make rent for about two months, and a letter from our landlord that says I already paid my first months rent, next month's rent, and a security deposit. I plan on working in the UK (I have an NI number too) and the recruiters I've spoken with say they can start me off at a salary that would definitely not put me in need of public funds.

What I feel is this: my wife has every right to be called a "qualified person," in the eyes of the Home Office and I have a ton of supporting evidence. Do I need to apply for this dumb EEA Family Permit? And, if I decide not to apply for one, will this affect their decision if I apply for an EEA (FM) card?

And just to fully get the rant out: the EEA Family Permit seems to be somehow illegal in a lot of ways because--and correct me if I'm wrong--if I can prove that she is exercising her treaty rights (working) and prove that our relationship is legitimate (it is), I should be able to live and work in the UK with none of this bureaucratic rigamarole. Blah.

anything helps,

-D

[Wanderer]

The permit itself is just affirmation of your rights, you don't actually need it.

However in the real world people want to see official papers for flights, leases, work, etc so for that reason alone, best to have it.

[ingeborgisbjorn]

EEA Family Permit (or EEA Residence Card for that matter) is not compulsory but is for your own convenience to go through airports, borders, find employment, etc.

There is a small possibility that the airline will ask you, when leaving the US and if you don't have a return ticket, for your UK visa/residence permit. They can be liable for carrying potential illegal immigrants (which you are not) and may be reluctant to let you board without a document which proves otherwise.

I think - experts please correct me if I'm wrong - that even without EEA Family Permit, a marriage certificate and a copy of your Swedish wife's ID/passport should suffice to travel to the UK.

Once in the UK you can (and should for your own sake) apply for EEA Residence Card.

[noajthan]

Hello,

I'm having some trouble figuring this one out. From what I understand, since my wife is a Swedish Citizen exercising her treaty rights to live in the UK, I should have the ability to join her in London under EU Free Movement rules. I'm an American Citizen which means that since I don't need to apply for a visa (like if I were from, say, traveling on a passport from Russia/Saudi Arabia/Afghanistan/etc), I don't have to get one. Plus, I don't think I have time to get one, as my flight leaves on the 16th of September.

...

anything helps,

-D

Forewarned is forearmed, see appropriate paragraph (5.5) here:
https://www.whatdotheyknow.com/request/ ... ndents.pdf

P.S. Chilly & rainy here, jacket advisable:
http://www.bbc.co.uk/weather/2643743

[dnlk89]

Forewarned is forearmed, see appropriate paragraph (5.5) here:
https://www.whatdotheyknow.com/request/ ... ndents.pdf

This is the form that was really throwing me off! When I started reading it (I keep going over it again, and again, and again) it seemed pretty straight forward. And then it became--suddenly--a source of extreme paranoia. It sounds almost too good to be true to the extent that "straightforward" now smacks strongly of "shady, Tampa-based, used-Buick salesman." But I still want to trust it! Argh! Disgustingly poetic though--my desire to prove my Swedish wife's validity as a flesh-and-blood human being and humble citizen of where she very much is a humble citizen has somehow become this odd Harold Pinter play where I'm sitting alone for hours at a time, becoming increasingly Stockholm Syndrome'd by PDF file (which is really just light and magnets if you think about it--forces of nature I can perceive but not alter). As every English person I've ever met might say in this situation: Bollocks!

What has me so suspicious of this document is because it seems to me that it's the only piece of official memorandum that doesn't seem to have changed throughout all of Cameron's super-fun, "Lets Turn London Into A Playground For Russian Petrochemical Billionaires and Chinese Real Estate Developers," schemes. I'm bothered about the fact this Border Force Manual seems to say I'm fine, even though the language of conceivably every other EEA regulation seems to have been nitpicked at incessantly since, like, 2011.

Is this border-force thing up to date as of the first of September, 2015?

[dnlk89]

Also!

If I apply for an EEA permit and it states my wife is a "qualified person" on academic reasons alone, doesn't that mean I can only stay in the country for three months?

And would that talk to over my chances to work?

CAN I work on on an EEA Permit in which my wife is qualified as a "Student" alone?

And if I do land a job, and my EEA Permit DOES expires, does that mean that I have to leave the country if I for some reason (god forbid) lose the job?

-D

[noajthan]

...

Is this border-force thing up to date as of the first of September, 2015?

I recall the Border Force was created out of a Home Office shakeup 'a few years ago'.
wikipedia says it was 1 March 2012.
So although undated the document could be relatively recent.

From the title & context I assume this document is what the front line border officials use on a day to day basis.

It's a tough call (as you will be in the hot seat) but I would go by their book and use their book to answer their questions.

[a.s.b.o]

I'm an American Citizen which means that since I don't need to apply for a visa (like if I were from, say, traveling on a passport from Russia/Saudi Arabia/Afghanistan/etc

You forgot Krakozhia (https://en.wikipedia.org/wiki/The_Terminal#Krakozhia) and which renders the list incomplete.

[noajthan]

Also!

If I apply for an EEA permit and it states my wife is a "qualified person" on academic reasons alone, doesn't that mean I can only stay in the country for three months?

And would that talk to over my chances to work?

CAN I work on on an EEA Permit in which my wife is qualified as a "Student" alone?

And if I do land a job, and my EEA Permit DOES expires, does that mean that I have to leave the country if I for some reason (god forbid) lose the job?

-D

You seem confused over some 3 months time limit - where did that come from?
See https://www.gov.uk/apply-for-a-uk-resid ... d/overview

If your wife is a student you will need CSI (that's comprehensive sickness insurance).

RC is for 5 years.
If your wife continues to exercise her treaty rights for 5 years in UK as a qualified person (eg worker, student, etc) you can attain PR too (assuming you maintain your residency in UK)
- then you will have settled status in UK (which can't be lost unless you leave UK for 2 years).
So you don't have to leave when RC expires.

Note as a family member it is immaterial what you do, (it is your sponsor's exercise of treaty rights that counts).

Don't take this the wrong way but you could also consider the privilege of UK citizenship after holding your settled status for 12 months.

[dnlk89]

It says I need to fill out the form online, but the website keeps crashing, is completely vague (at one point it switches from first to second person mid question) and none of the signature fields are worth shit. For instance, the question, "Do you have any siblings? If so, how many and where do they live?" gives you 23 characters to answer.

Or, this much:

XXXXXXXXXXXXXXXXXXXXXXX

My answer is:

"I have one brother and one sister. My little brother lives in L.A. and my little Sister resides in Seattle."

Instead, I get to put:

Bro and Sis. LA/Seattle


Are they doing this just so they can disqualify people for not providing enough information?