Post
by kabuki » Thu Jul 01, 2010 10:27 pm
You must apply for an EEA Family Permit in the US for you and your daughter. Even without the adoption, as your daughter lives with the EEA national, the child is allowed to enter on an EEA Family Permit. The UK requires an EEA Family permit for all non-EEA nationals who wish to join or accompany their EEA family regardless if they can travel visa-free for visits. Technically you are able to travel with just your marriage cert, but the UK will usually want the FP, and since you have a child moving with you, it would be wise to apply.
[e.g. I'm an American residing in Ireland with my Dutch partner. I had to apply for an EEA family permit in Ireland before traveling to the UK. Since I'm residing in Ireland, I had to prove I was legal here. I had an appointment to turn in the application and received my EEA family permit within 10 working days. On my application I stated I would be accompanying my partner, so now we must travel there together.]
Depending on your financial situation, as someone above mentions, you can try and line up a job before moving or you EEA spouse can move over first and look for a job and then you can apply to join him. You can also apply and move together. The application requires all passports to be included, so you will not be able to travel while waiting on the permit. You can fill out the application online, print it and sign it, gather the required documents and set up your appoint with the British Embassy in your area.
Your EEA FP is valid for 6 months. After you arrive your husband will have 3 months to exercise treaty rights (employment, self-employment, self-sufficient, student). Once everything is in place, you can submit an EEA2 application. This will give you a 5 year stamp.
On another note, you may want to look into Dutch citizenship through marriage. I know that there are some circumstances where you can be married and live abroad and still obtain citizenship. As an American you do not have to take the civic exam, and since it would be acquired through marriage, you wouldn't have to give up you US passport either. I don't know how long the process would take, but it could make moving easier. UK and Irish immigration aren't the easiest for EU law.
Best of luck!