Applying to a Family Permit while illegally in the US?

[pol]

Hello.
Me and my wife are planing to move to the UK during the next few months.
I understand we need to get a family permit for her and our 6 years old son before we travel there.
I read all the FAQS regarding the application and I fond the following citation posted in the Visa application website:

"It is not necessary for an applicant to be lawfully or normally resident in the country to apply"

I was assuming that she could apply to the FP even though she is an illegal alien here in the US.
We went ahead and made the application online. When we finished the application, they sent an email with all the supporting documents we needed to mail, and they were requiring proof of legal status here in the US.
This is exactly what they wrote:

"If you are in the US - Valid US Immigration Status (originals not copies) e.g.
Permanent Resident Card, Advance Parole Document, H1B visa, F1 with I-20 etc"

We are not sure what to do now. She is a non visa national, and she could enter the UK as a visitor, even though I'm not sure if she'll be able to enter the UK if she is coming from the US and they check that she's been illegally there.

Please, I'd really appreciate some help.
Has anyone gone through the same problem?

Thanks a lot.

Paul.




[/i]

[Ben]

Hi Paul, what's your citizenship?

[pol]

Thanks for the reply.
I have Italian citizenship.
My wife and son are Chilean.

[Ben]

Two options then,

1. Tell the embassy to check the UKBA rules. As you've correctly pointed out, "It is not necessary for an applicant to be lawfully or normally resident in the country to apply".

2. Just go. So long as you've your passports and marriage certificate in hand, you all have the right of entry.

The EEA FP is not necessary. Only problem may be convincing airport check-in staff that you all have the right of entry.

[pol]

Thanks a lot for your advice.
So, you mean option 2 is just go there and show marriage certificate?.
Do you recommend telling that we are moving permanently? or just try to enter as a visitor only?.

[noble72uk]

Hi

Actually Benifa is right and if you go for option number 2: don’t forget to print this directive and take it with you and the Marriage certificate.

PS where ever you go in EU you are allowed to live and your family members the non EU have the same rights as well.

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

Good Luck

Thanks a lot for your advice.
So, you mean option 2 is just go there and show marriage certificate?.
Do you recommend telling that we are moving permanently? or just try to enter as a visitor only?.

[pol]

thanks !