APPLYING FOR AN EEA FAMILY PERMIT WITHIN OR OUTSIDE UK

[Leiignacio28]

Hi!

I am a Filipina and my partner is French that will be working in London this coming April. I will be joining him for a month or so holding a standard visitor visa valid for 6 months. We are an unmarried couple but we have been together since September 2015 and we are planning to switch my visa to an EEA Family permit once he is stable with his job in 3 months and as we intend to live longer together more than 6 months. I have researched for the necessary documents to provide for applicaton and we will be ready to produce all the requirements in 3 months. However, I still have some questions that has not been provided in the UK Visa information site.

So here are few of my questions:

1.) Is it possible for me to apply an EEA Family permit within UK whilst having a standard visitor visa? or;
2.) Can I apply in France as long as I am outside the UK territory or should I necessarily go back to Philippines to process the application?
*#2 question is very important for budget and time speaking.
3.) How long should I wait before I can apply for EEA family visa? Can I apply the EEA permit directly as long as I am outside the UK territory eventhough my visitor visa is not expired yet or should I still wait for a certain period of time before I can apply for another visa?

I hope you can assist me with these questions.

Thank you very much.

[DerickChu]

Hi Leiignacio28,
I had the same issue and i was told that if you are in Uk already and want to stay more than the 6months visitors visa allows, then you should first CHECK IF YOU MEET THE HOME OFFICE REQUIREMENTS FOR EEAFM RESIDENCE CARD, and if you Yes, then gather all the required documents and make a EEAFM Residence card Application to Home Office.
You don't necessarily have to exit the Uk to get a Residence card via EEA Route, NO.
One of the main advantage in arriving UK and getting Residence Card via with EEA Permit and with visitor Visa is that!
With EEA Permit, once you arrive uK, you can work with that while waiting for your residence card to be processed while with visitor visa you cannot work unless a you received permission from home Office to while waiting for you Residence Card to be processed.
In conclusion, i would advise you to make your EEAFM Residence Card application while in UK if you and your EEA National sponsor meets the HOME OFFICE requirements.

[Leiignacio28]

Hi DerickChu!

Your response is highly appreciated. I have checked the requirements for EEAFM residence card and it is possible for us to provide the documents. I do have few things to clarify, as I do not have an EEAFM permit yet. Is it possible to apply right away a residence card even if I am in a visitor visa? I have read that a standard tourist visa cannot be switched with any type of tier visa or permit. One must leave UK to apply for that otherwise, it could cause a deportation.

Hope you can help me clarify that. Thank you again.

[DerickChu]

Hi Leiignacio28,

Thats exactly what am saying, you don't need to exit UK, because EEAFM is application under EU laws, so your past immigration history in Uk doesn't really matter, if ONLY YOU MEET THE EEAFM REQUIREMENTS FOR UK RESIDENCE CARD.
I confirmed this information from Uk immigration last week, and the answer is! YES YOU CAN MAKE eeafm APPLICATION WHILE IN UK ON ANY KIND OF VISA.
So wile you are still in UK now on a visitors visa, you can make your EEAFM Residence Card Application immediately with the full required documents.
Again, even if you are any overstayer, you can make this application as long as you meet the full EEAFM requirements.

[Leiignacio28]

Hi Derickchu

That's really a great news! Although I am quite confused as I have read few forums that they have tried to switch their standard visitor visa to EEA FM Permit and followed the advise of a solicitor to apply in UK. Sadly, it has caused her to deportation, wasting time and money.

Thank you for your help! I will make further research and inquiries to be safer.

[DerickChu]

Hi Leiignacio28,

You are misunderstanding some important point.. You have to understand the difference between EEA PERMIT AND EEA FAMILY MEMBER RESIDENCE CARD..

EEA FAMILY PERMIT can only be applied from outside Uk and its just an entry Stamp to travel with your EU National Spouse. so if you are already in Uk, you don't need an entry Stamp to enter UK while you are already in UK.

While a EEA FAMILY MEMBER Residence Card is a 5years residence Card which is a prove of Residence in UK under your EU national Spouse.

Which means, if you are already in UK and want to continue to live in UK with your EU National Spouse, you shouldn't be talking about EEA PERMIT RATHER YOU SHOULD BE TALKING ABOUT EEA FAMILY MEMBER RESIDENCE CARD

Summery! Someone who already has Uk visa of any type, even without a valid Visa but are in UK, shouldn't be talking about EEA FAMILY PERMIT, rather he or she should be talking about EEA FAMILY MEMBER RESIDENCE CARD..


Your main point should be RESIDENCE CARD APPLICATION UNDER YOUR EU NATION SPONSOR.
Here is the link/guidance

https://www.gov.uk/government/publicati ... orm-eea-fm


And again, if any of your friends application was rejected then its probably because the applicant doesn't meet the requirements, an error in application or missing documents.
It can never be because you are applying with a Tourist visa or because you are already an overstayer.NEVER!

You dont necessarily need a lawyer to make this application, just make sure you meet all the requirements for a EEA FAMILY MEMBER RESIDENCE CARD
I had this same issue and i'm giving you a correct information from a first hand information from UK IMMIGRATION.

[Leiignacio28]

Thank you so much Derickchu! You have been very helpful. Things are getting so much clearer now.

I have another question, if I apply for the residence card, I understand that this would take 6-7 months. Would I be eligible to work that time while waiting?

Thank you again.

[DerickChu]

Those who enter UK with EEA Permit can work immediately while waiting for their EEA Family Residence Card to be ready while those who are applying for EEA Family Residence Card while on a Visitors Visa can not work immediately but can only work after receiving Certificate Of Application, though this letter could take between 1to3 months to receive depending on individual circumstances.

To answer your question; Firstly, the maximum waiting time for EEAFM Residence Card is 6months.. but most cases it take 3-5months.

You can not work right now. You need to first gather all the documents, send it to Home Office by post. After few days you will get an email of acknowledgement, then the £65 would be deducted from you card.
After few week you will get an email for Biometric enrolment, then few weeks again comes the COA (Certificate of Application).
With this COA letter you can Work if approved.


If you decide to take the other Route EEA Permit outside UK, it takes about 1-2months to be ready depends on where you applying, but it could take longer but not longer than 6 months

In conclusion, i will advise you to make your EEA Family Member Residence Card Application now and possibly in less than 2months you will have your COA to start working, then waiting for the Residence Card to be ready.

[Leiignacio28]

Thank you so much for all these informations.

[citizenadvise5]

EEA Family Permit (or entry clearance to enter UK) is different from that of EEA FM Residence card, so the latter is what you can apply for once in the UK.

Hi Derickchu

That's really a great news! Although I am quite confused as I have read few forums that they have tried to switch their standard visitor visa to EEA FM Permit and followed the advise of a solicitor to apply in UK. Sadly, it has caused her to deportation, wasting time and money.

Thank you for your help! I will make further research and inquiries to be safer.

[BritInBelgium]

Hi DerickChu,

I want to apply for my parents EEA permit from Belgium. I am British, my parents are Indian citizens.

Everyone including my parents have got EEA permit for Belgium. now i want to go back to the UK and want my parents to come and stay with me as a family permanently.

We applied for an EEA family permit, it was rejected.
I have applied again, and still awaiting response.

If it gets rejected again, i plan to go to the UK since my parents have got a visitor visa valid for the UK, so they don't need an EEA family permit.

My question to you is, is it possible to apply for an EEA Residence Card in country for a non-EU national (Indian) who has worked and lived in Belgium and now returning home?

My kids went to school in Belgium, my parents lived me with here in Belgium for last one year. And i have worked in Belgium for last 2 years.

We didn't do anything to circumvent any immigration laws.

You seem to have replied based on your interaction with immigration authorities, i would highly appreciate if you could point me in the right direction or give me your opinion.

Case law is called Surinder Singh Route.

Many thanks!


quote=DerickChu post_id=1611405 time=1521476580 user_id=190687]
Those who enter UK with EEA Permit can work immediately while waiting for their EEA Family Residence Card to be ready while those who are applying for EEA Family Residence Card while on a Visitors Visa can not work immediately but can only work after receiving Certificate Of Application, though this letter could take between 1to3 months to receive depending on individual circumstances.

To answer your question; Firstly, the maximum waiting time for EEAFM Residence Card is 6months.. but most cases it take 3-5months.

You can not work right now. You need to first gather all the documents, send it to Home Office by post. After few days you will get an email of acknowledgement, then the £65 would be deducted from you card.
After few week you will get an email for Biometric enrolment, then few weeks again comes the COA (Certificate of Application).
With this COA letter you can Work if approved.


If you decide to take the other Route EEA Permit outside UK, it takes about 1-2months to be ready depends on where you applying, but it could take longer but not longer than 6 months

In conclusion, i will advise you to make your EEA Family Member Residence Card Application now and possibly in less than 2months you will have your COA to start working, then waiting for the Residence Card to be ready.
[/quote]