Regarding EEA visa.

nabo · Post by **nabo** » Thu Apr 16, 2009 3:26 pm

Hello Every one,

I am new in this forum, need some good advice. I am and Indain, married with a Dutch, and our marriage is registered in Holland, we have a 3 years old daughter.

we are looking for a way to live in UK ireland for some time. for that reason i know that my wife and daughter can live there as they have dutch passport. I am still holding a Indian passport.

what are the possibilities i have to move along with my wife and daughter to UK. what short of visa should i apply, please please let us know. thaks alot for the advice in advance.

Post by **John** » Thu Apr 16, 2009 3:43 pm

You need to apply, at the British Embassy in the Netherlands, for an EEA Family Permit.

But this begs the question, once she gets to the UK, in what way does your wife expect to be exercising her EU Treaty Rights? For example, will she be employed, self-employed, a student, or a self-sufficient person?

That is, you only have a right to exercise EU Treaty Rights in the UK if your wife is exercising her EU Treaty Rights in the UK, so we need to know how she will be doing that.

nabo · Post by **nabo** » Thu Apr 16, 2009 4:21 pm

Hello John,

Thanks for the reply. Yes we both will be student in Belfast. the Collage has given me total sponsorship. My wife has to pay her study fee. She will be doing a part tiem study, as we have a child to take care.

as per your question, yes my wife will be a student there too.
Please do let us know the pros and cons in this. thanks again.

Post by **John** » Thu Apr 16, 2009 4:33 pm

Thanks fine, and part-time is fine!

Apply for your EEA Family Permit online .... click here ... and then follow the instructions, for example about where to send the supporting documentation. The application fee for an EEA Family Permit? â‚¬0 ! Yes, free!

Also appreciate that .... read this! .... so don't expect the application to be dealt with instantly.

nabo · Post by **nabo** » Thu Apr 16, 2009 4:52 pm

Could you please give me more understanding, on this route. actually, we want to stay in UK whole one year and return back to Holland.

Now with the studnet invitation documetns i will get a entry visa to UK. once we are there, we will be provided a married couples flat by the collage to stay, my wife will not look for a job or Social security money from UK, we have some savings we will use it while we are there.

To get EEA resident card for me what wold be the procidure? if i have that card on our return back to Holland i wil not face any short of problem with the dutch authority, as beacase I will be holding EEA card from UK is this correct. please do let us know, thaks alot for your advice

Post by **John** » Thu Apr 16, 2009 8:27 pm

Now with the student invitation documents i will get a entry visa to UK. once we are there, we will be provided a married couples flat by the collage to stay, my wife will not look for a job or Social security money from UK, we have some savings we will use it while we are there.

It is in fact a lot simpler than you imply in your post. For a start you are not applying for a visa under UK immigration law. To get such a visa you would need to comply with the new Tier 4 arrangements, which include the college/university having to sponsor you. But you are not going down that route.

Instead you will be applying for an EEA Family Permit. That does not involve the college/university having to sponsor you under Tier 4, although it would be helpful to show that the two of you have student places to go to. As long as it can be shown that your wife, a Dutch citizen, intends to exercise EU Treaty Rights in the UK within 3 months, there is no reason why you should not be issued with the EEA Family Permit.

Such a permit is for six months duration. After the two of you get to the UK, and your wife starts being a student, you would use form EEA2 to apply for a Residence Card which, when issued, will be for 5 years duration.

When it is intended for the two of you to start studying in Northern Ireland? Or put that another way, when will your wife start exercising her EU Treaty Rights in the UK?

To get EEA resident card for me what would be the procedure?

Have you looked at the link provided earlier? There is an online form to complete, after which you will be told what to do next.

if i have that card on our return back to Holland i wil not face any short of problem with the dutch authority, as beacase I will be holding EEA card from UK is this correct. please do let us know,

When you return you will have a 5-year Residence Card. There is no reason to think that would cause a particular problem for you (although a lengthy absence from the Netherlands might have implications). But what sort of Dutch visa do you have at the moment? When does that expire? And when might you qualify to apply for Naturalisation as a Dutch citizen?

nabo · Post by **nabo** » Thu Apr 16, 2009 8:55 pm

Hi John,
you have been a great help in providing such information to us.
Our school in belfast will start in 1st week of September.

we are thinking to move on some where 1st week of July. as a family to get settle first before the school starts.

we are not sure at this stage, But we may conside to settle there as the oppertunity arise with jobs for us and a new settlement. but we would be open to it. or else we would like to be back to Holland some day.

if we are back to Holland. I have to stay with my family continue 3 years before i could apply for my dutch passport.

Back to the topic for now....

according to your information, if we both have our invitation latter from the Belfast school, and our financial sttement from bank(HOlland), and my wife's dutch passprt would be enough prove to get me a EEA visa to UK? Once we are there then we can follow the EEA2 form...

to get the visa for me from Holland to UK what else whould i do or arrange? Please let us know, once again thank you very much for your kind service which is very helpful for us...

Post by **John** » Thu Apr 16, 2009 10:38 pm

OK, of course if the two of you do stay in the UK you will already have your 5-year Residence Card, so there will be no further information to supply if you switch from being a student to being economically active ... employed or self-employed.

according to your information, if we both have our invitation latter from the Belfast school, and our financial sttement from bank(HOlland), and my wife's dutch passprt would be enough prove to get me a EEA visa to UK? Once we are there then we can follow the EEA2 form...

You can certainly add the marriage certificate to that little list. After all you are needing to show that you are a "family member" of an EU citizen, and the marriage certificate proves that the two of you are married.

Your marriage certificate in Dutch? If so get it translated into English, and that translation certified. It might also help if any birth certificates not in English are also translated, and I am not just thinking of your EEA Family Permit application, but more generally. For example, getting your child into nursery or school in the UK, a translation of your child's birth certificate into English might assist.

You use the term "EEA visa" and again that is not correct. It is a permit issued under the terms of the EU Directive. That is, your wife, as an EU citizen, has the ability to exercise EU Treaty Rights in the UK. You, as her "family member" have the same rights (as long as she is exercising her rights) but need the EEA Family Permit, and later on the 5-year Residence Card, in order to prove it.

After you submit the application online, follow the instructions about what evidence to supply, and where to send it.

When to apply? I would say about early June, given that your wife should be looking to start exercising EU Treaty Rights in the UK within 3 months, and she will not do that until early September.

nabo · Post by **nabo** » Sat Apr 18, 2009 1:09 pm

Hello John,

This would probably be my last question, I am in Holland with Multiple entry visit visa.

when i go to apply for my EEA permit in the british Embassy in Holland, Will it be a problem, or do they asked me that since i don't have a permit for Holland I am here with a visit visa i can't apply for my EEA permit to UK?

Please let me know. thanks again for your service.

with kind regards,

Nabo

Post by **John** » Sat Apr 18, 2009 1:32 pm

My understanding if that you can still make the application in the Netherlands, or indeed in India.

nabo · Post by **nabo** » Sat Apr 18, 2009 1:43 pm

so you are suggesting that, I can apply here in the Netherland or in India doesn't matter where it is?

I am waiting for to receive the invitation letter from the school once we got that then we can go further on to apply for EEA permit, I hope not that the UK authority give me hard time with why am i applying here why not in India that is my fear.

atleast your message gives me some strength and understnding wait and see. thaks alot John,

nabo · Post by **nabo** » Sat Apr 18, 2009 2:18 pm

Hi John,

If you know any sight that does mention anysuch law on my sitatuion please let me know, i would like to read through and have better understanding, as you mentioned in your earlier message,that it is your understanding, I would like to have clear view on it. if there any such statement let me know i will read through, thaks again.

isceon · Post by **isceon** » Sat Apr 18, 2009 10:49 pm

How do my family members apply for an EEA family permit?
They can apply for the EEA Family Permit at any British mission overseas that offers a full service visa-issuing office.
They can apply in a number of ways, for example by post, by courier, in person and online. The visa section of your nearest British mission overseas will tell them about the ways in which they can apply.

Some visa sections will only accept applications made online. To find out if you can apply for your visa online please visit www.visa4uk.fco.gov.uk.

http://www.ukvisas.gov.uk/en/howtoapply ... ionals#Q13

nabo · Post by **nabo** » Sun Apr 19, 2009 3:52 pm

Hello Isceon,

thanks for the information and the sight, good information i am going through couple of time to understand as much as i can.

My question to you is, I am here in Holland with 3 months multipal entry visit visa. now when I apply for my UK permit along with my wife here in Hollad. will it be a issue at all at the british Embassy? is it a requirment to have a Dutch permit before hand to get my UK permit, or it doesn't matter. as long as my wife exersize her EU right that will give me oppertunity to apply for my EU right??? please let us know, thaks in advance.

Nabo

nabo · Post by **nabo** » Mon Apr 20, 2009 8:21 pm

Dear Friends in the forum, can some one please please give me the answer of my above mentioned question, thanks alot. appreciated,

nabo

Rozen · Post by **Rozen** » Tue Apr 21, 2009 2:42 pm

nabo wrote:Hello Isceon,

thanks for the information and the sight, good information i am going through couple of time to understand as much as i can.

My question to you is, I am here in Holland with 3 months multipal entry visit visa. now when I apply for my UK permit along with my wife here in Hollad. will it be a issue at all at the british Embassy? is it a requirment to have a Dutch permit before hand to get my UK permit, or it doesn't matter. as long as my wife exersize her EU right that will give me oppertunity to apply for my EU right??? please let us know, thaks in advance.

Nabo

Nabo, you have a multiple entry visa for Holland, thereby you are here legally (as long as it's valid ofcourse). So just go the British consulate here, and apply for an EEA Family Permit to travel to the UK.

isceon · Post by **isceon** » Tue Apr 21, 2009 7:14 pm

Rozen wrote:
nabo wrote:Hello Isceon,

thanks for the information and the sight, good information i am going through couple of time to understand as much as i can.

My question to you is, I am here in Holland with 3 months multipal entry visit visa. now when I apply for my UK permit along with my wife here in Hollad. will it be a issue at all at the british Embassy? is it a requirment to have a Dutch permit before hand to get my UK permit, or it doesn't matter. as long as my wife exersize her EU right that will give me oppertunity to apply for my EU right??? please let us know, thaks in advance.

Nabo
Nabo, you have a multiple entry visa for Holland, thereby you are here legally (as long as it's valid ofcourse). So just go the British consulate here, and apply for an EEA Family Permit to travel to the UK.

I agree with rozen and add this:

Press and Information
PRESS RELEASE No 57/08
25 July 2008
Judgment of the Court of Justice in Case C-127/08
Metock and Others v Minister for Justice, Equality and Law Reform
A NON-COMMUNITY SPOUSE OF A CITIZEN OF THE UNION CAN MOVE AND RESIDE WITH THAT CITIZEN IN THE UNION WITHOUT HAVING PREVIOUSLY BEEN LAWFULLY RESIDENT IN A MEMBER STATE

nabo · Post by **nabo** » Sun Apr 26, 2009 9:00 pm

hi there,

can you please tell us what short of documet do we need to apply for EU family permit at the British consulate in amsterdam?

Thanks in advance.

Nabo

Rozen · Post by **Rozen** » Sun Apr 26, 2009 10:36 pm

nabo wrote:hi there,

can you please tell us what short of documet do we need to apply for EU family permit at the British consulate in amsterdam?

Thanks in advance.

Nabo

http://www.ukvisas.gov.uk/en/howtoapply ... snationals

nabo · Post by **nabo** » Sat May 09, 2009 3:59 pm

Mr.Rozen,

Greetings from Holland, would like to ask you couple of question, Me and my wife we will be going to Belfast for study purpose, the collage will send me the acceptance letter soon. they are willing to sposor me too.
the school will begin on 1st of September.

my question is,

1. should i apply for a student visa/ EEA family permit? which is better on our sitaution?
2. I heard, for student visa i am only allowed to apply 6 weeks before the school starts. is this correct?

if I apply for EEA family permit as my wife is Dutch, will there be any such restriction. or can I apply any time with out any time frame for EEA family permit?

For EEA family permit do i need to show the students acceptace letter for both of us to British consulate or it is not necessary?

Please do advice, thanking you in advance,

nabo

Rozen · Post by **Rozen** » Sun May 10, 2009 3:36 pm

nabo wrote:Mr.Rozen,

Greetings from Holland, would like to ask you couple of question, Me and my wife we will be going to Belfast for study purpose, the collage will send me the acceptance letter soon. they are willing to sposor me too.
the school will begin on 1st of September.

my question is,

1. should i apply for a student visa/ EEA family permit? which is better on our sitaution?
2. I heard, for student visa i am only allowed to apply 6 weeks before the school starts. is this correct?

if I apply for EEA family permit as my wife is Dutch, will there be any such restriction. or can I apply any time with out any time frame for EEA family permit?

For EEA family permit do i need to show the students acceptace letter for both of us to British consulate or it is not necessary?

Please do advice, thanking you in advance,

nabo

Hi Nabo.

Firstly, I'm female, so not Mr.

Secondly, EEA rules are simpler than UK ones. So if I were you, I'd apply for an EEA FP rather than a student visa. The permit is subject to your wife exercising her treaty rights in the UK (see link attached earlier).

Thirdly, earlier on in the thread, I provided you with a link for everything you need to know about EEA FP's.

Fourthly, I think we are going around in circles, because all the information you need to make an informed decision has been provided to you by various members within this very thread. You are asking questions, which is good. But it seems you are not reading the answers.

Five. With an EEA FP you can study and work for as many hours as you like!

Finally, please read through the thread properly. Everything is clear. You can even go tomorrow to the British Consulate in Amsterdam to apply for a Family Permit. EEA FP applications are treated as priority, and you get it in a matter of days.

Good Luck!

aledeniz · Post by **aledeniz** » Sun May 10, 2009 4:26 pm

nabo wrote: 1. should i apply for a student visa/ EEA family permit? which is better on our sitaution?
2. I heard, for student visa i am only allowed to apply 6 weeks before the school starts. is this correct?

if I apply for EEA family permit as my wife is Dutch, will there be any such restriction. or can I apply any time with out any time frame for EEA family permit?

For EEA family permit do i need to show the students acceptace letter for both of us to British consulate or it is not necessary?

1. The EEA Family Permit should give you more rights, but keep in mind that to get that, your wife has to exercise treaty rights in the UK, then you have to enter in the UK (if you go to the British consulate, they should provide you with an entry clearance for spouses of EEA citizens, which you can use to enter in the UK in the next 6 months), and then you have to apply for the EEA Family Permit, which is a infamously slow process (my wife got hers in 8 months, and during the last 4 months of that they kept her passport). Also, try to apply only with a pretty recent passport, as the EEA FP will be given for the next 5 years.

2. I don't know, but probably getting the entry clearance for spouses of EEA citizens will be easier. I am not a lawyer, but my understanding is that once you are inside the UK, you mainly need the EEA FP as confirmation of your rights, as long as your wife exercise treaty rights and you are still married with her, and to travel abroad. My wife applied after 3 months in UK, by law they should have given her an EEA FP in 6 months from the application, they did in 8, so she lived and/or worked legally (we were confirmed about that from the BIA customer service) in UK for almost 5 months after the expiration of her entry clearance.

My understanding about the EEA FP is that you can apply for that only once in UK. This my be a wrong perception because I was already living in UK before marrying, but if you ask to the next British consulate, they should be able to clarify you if you can apply directly from Netherland, or if you need to get the entry clearance before (which given the circumstances shouldn't be too hard to get).

Rozen · Post by **Rozen** » Sun May 10, 2009 5:42 pm

aledeniz wrote:
nabo wrote: 1. should i apply for a student visa/ EEA family permit? which is better on our sitaution?
2. I heard, for student visa i am only allowed to apply 6 weeks before the school starts. is this correct?

if I apply for EEA family permit as my wife is Dutch, will there be any such restriction. or can I apply any time with out any time frame for EEA family permit?

For EEA family permit do i need to show the students acceptace letter for both of us to British consulate or it is not necessary?
1. The EEA Family Permit should give you more rights, but keep in mind that to get that, your wife has to exercise treaty rights in the UK, then you have to enter in the UK (if you go to the British consulate, they should provide you with an entry clearance for spouses of EEA citizens, which you can use to enter in the UK in the next 6 months), and then you have to apply for the EEA Family Permit, which is a infamously slow process (my wife got hers in 8 months, and during the last 4 months of that they kept her passport). Also, try to apply only with a pretty recent passport, as the EEA FP will be given for the next 5 years.

2. I don't know, but probably getting the entry clearance for spouses of EEA citizens will be easier. I am not a lawyer, but my understanding is that once you are inside the UK, you mainly need the EEA FP as confirmation of your rights, as long as your wife exercise treaty rights and you are still married with her, and to travel abroad. My wife applied after 3 months in UK, by law they should have given her an EEA FP in 6 months from the application, they did in 8, so she lived and/or worked legally (we were confirmed about that from the BIA customer service) in UK for almost 5 months after the expiration of her entry clearance.

My understanding about the EEA FP is that you can apply for that only once in UK. This my be a wrong perception because I was already living in UK before marrying, but if you ask to the next British consulate, they should be able to clarify you if you can apply directly from Netherland, or if you need to get the entry clearance before (which given the circumstances shouldn't be too hard to get).

I think you mean Residence Card, which is applied for on form EEA2 from within the UK! EEA FP is just an Entry Clearance to enter the UK as an EU Family Member.

aledeniz · Post by **aledeniz** » Sun May 10, 2009 6:06 pm

Rozen wrote: I think you mean Residence Card, which is applied for on form EEA2 from within the UK! EEA FP is just an Entry Clearance to enter the UK as an EU Family Member.

Oh, you are right

I was quite systematic in my persistence on being wrong on that

So, for Nabo, follow Rozen's corrigenda, whenever I wrote EEA FP I meant Residence Card (which is really a visa-like sticker attached to the passport), and whenever I wrote entry clearance I meant EEA FP.

--
ale
http://ale.riolo.co.uk

nabo · Post by **nabo** » Sun May 10, 2009 10:11 pm

Hi guys,

Thanks for all the response and correction, yes I was by passing my reading. I took my time now to read and understand them as much as I can.

I will go for EEA permit, and I will apply here in Holland,

my final queries is:- which I didnâ€™t understand quiet well.

My wife is here in Holland with me. She is not in the UK yet. We are intending to travel together to UK as a student. The Invitation latter from the collage would mention that my wife will study part time means 3 to 6 months, and I will be studying more than a Year. Bases on this supporting document will I be eligible to get my eea family permit to enter UK or not.?

The forum says if the EEA national is lawfully living in the UK then the family member Non EEA person can get his/her eea FP. In my case my wife will be a student and she will travel with me. Being a 3 to 6 months student is that qualifies her as a qualified person.
< If you are an EEA national and you want to live in the UK for more than three months, you must be a 'qualified person'. A qualified person means an EEA national who is in the UK as:>
â€¢ a jobseeker
â€¢ a worker
â€¢ a self-employed person
â€¢ a self-sufficient person (someone who can support themselves financially) or
â€¢ a student.

Please do let me know, I am much thankful to you all for the support.

nabo

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Regarding EEA visa.