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The legal situation is rather complex. Are you applying from outside of the EU? In that case, you should follow the form as closely as possible. (For application from within the EU most of the information is not required.)Wisdom wrote:I have read and found some law articles about EEA citizens and the rights for the family-members, but at the same time it confused me a bit.
Will someone be so friendly and explain to me what the first steps are for applying for a family permit (except from filling in the form and finding a job)? I am hoping to start this procedure asap but i am wondering which steps to take to get to this point.
I haven't found any info about registering as a resident in the UK is this necessary, if so, do i need to bring any special documents? Like birthcertificate or marriage certificate? Or isn't that required.
It is quite easy to find a job once you are in the UK, but application from abroad are usually ignored. So if you can afford it, you should move here first, and then look for jobs.Is it realistic to think of finding a job within a period of 1,5 month? (I have a Bachelors Degree in social work.)
The Home Office regularly asks for recent payslips once the application has made it through the queue. This happened to us, but also to many other people. So obviously they do recognise evidence that is more recent than the application. Of course I am not sure whether they always do this, or only in certain circumstances. But since they do not actually do anything with your application while it sits in the queue, I see no reason why they should refuse any evidence, as long as it is present when the application is processed.Pasha wrote:Once the EEA 2 application is logged, can the applicant submit more evidence that will help support the application?
No. Under European law, you have the right of residence once you satisfy the requirements. The residence card is only a confirmation of these rights, but it is not required that you have one.Once the application is logged with the home office, as my wife has only one month on her visitors visa - what happens if her application is still with the Home Office on the date her visitors visa expires? Would she be considered as an overstayer?
Technically she already has the right to work, but it may be difficult to convince the employer of this. You should get a confirmation of your application from the Home Office within 2 or 3 weeks, and it does confirm the right to work. Usually the employer will be satisfied with this letter.Her visitors visa says no work or recourse to public funds and I am not sure while her application is being considered by the Home Office if she will be able to take up employment??
Thank you for answering.thsths wrote:The legal situation is rather complex. Are you applying from outside of the EU? In that case, you should follow the form as closely as possible. (For application from within the EU most of the information is not required.)Wisdom wrote:I have read and found some law articles about EEA citizens and the rights for the family-members, but at the same time it confused me a bit.
Will someone be so friendly and explain to me what the first steps are for applying for a family permit (except from filling in the form and finding a job)? I am hoping to start this procedure asap but i am wondering which steps to take to get to this point.
I haven't found any info about registering as a resident in the UK is this necessary, if so, do i need to bring any special documents? Like birthcertificate or marriage certificate? Or isn't that required.
And make sure that you do not give any false statements.
A birth certificate would be useful, but it is not necessary. The marriage certificate is essential, and you need to include an official translation if it is not in English. You also have to provide evidence that your marriage is "subsisting". The usual proof would be cohabitation, but you can also provide communication records (e.g. itemized billing for your phone calls).
Once in the UK, you should apply for a residence card using application EEA2 as soon as possible. Waiting times are long, and you can add more supporting evidence while the application is in the queue.
It is quite easy to find a job once you are in the UK, but application from abroad are usually ignored. So if you can afford it, you should move here first, and then look for jobs.Is it realistic to think of finding a job within a period of 1,5 month? (I have a Bachelors Degree in social work.)
So is your husband already in the EU? In that case you need very little evidence. You need to prove that your husband is legally in the country you apply from, and you need to demonstrate that you can get a job and you have enough money until then. Everything else is optional.Wisdom wrote:The application will be made from within the EU, actually i'm planning to go to the UK ahead of my husband to arrange everything before his arrival.
Yes, anything written is good that shows a connection between you.However i can provide with some personal "proof" like; emails, pictures, letters, plain tickets etc?
If you apply from within the EU, your current situation is not really relevant for the EEA Family Permit. I think they want to see 3 monthly payslips, but I am not sure why. Maybe your current employment shows that you could also find a job in the UK?But the thing that is still not clear to me is; how many payslips do i have to provide when applying for a family permit?
Does he need a visa for the UK? If he does, the EEA Family Permit should be easier to get than a tourist visa. If he does not need a visa, it may still be a good idea to get the EEA Family Permit, because it is more appropriate for the situation.And most important is there any chance for my hb to enter the UK with me before applying for the family permit (touristic visa?)
So is your husband already in the EU? In that case you need very little evidence. You need to prove that your husband is legally in the country you apply from, and you need to demonstrate that you can get a job and you have enough money until then. Everything else is optional.
OK, that's an easy one.Yes, anything written is good that shows a connection between you.
So if my hb applies from my residential country, even on a visitors visa ... then no need to provide with the 3 monthly payslips.If you apply from within the EU, your current situation is not really relevant for the EEA Family Permit. I think they want to see 3 monthly payslips, but I am not sure why. Maybe your current employment shows that you could also find a job in the UK?
Thanks a million thsths, i really appreciate it!If he does, the EEA Family Permit should be easier to get than a tourist visa. If he does not need a visa, it may still be a good idea to get the EEA Family Permit, because it is more appropriate for the situation.
Yes, you are certainly allowed to apply as a visitor, although there is some confusion around that issue. Our caseworker (in Holland!) wanted to see prove of normal residency. The procedures clearly state that he has to process the application in any case, but he may treat it as if it was made outside the EEA if we cannot prove residence.Wisdom wrote:At this moment he isn't in the EU yet. But hopefully he will be soon.
So if i understand this correct we are allowed to apply for one at the British Embassy even though he is here (in Holland) on a visitors visa ?
Yes, it is, and it depends on your circumstances, too. The guideline is 500 pounds per person per months. So if you want to look for work for 2 months, you should have 2000 pounds available.Having enough money is pretty subjective What does the UK government have in mind?
Oh, you mean payslips from the UK? Correct, you don't have to for those. Just include current payslips, if you have an income, although as I said they are not essential.So if my hb applies from my residential country, even on a visitors visa ... then no need to provide with the 3 monthly payslips.