VAF5 APPLICATION FROM THE US WITHOUT BEING RESIDENT

[LAROCCAMOM]

I am an Italian national as well as our children (by blood), my husband of 10 years on the other hand, is a Venezuelan national. We have been living in the US for the past 15 years and we would like to relocate to Oxford, England.
My husband needs to apply for a VAF5 or Family Permit, but as mentioned above, even though we live in the US he still waiting for his Venezuelan Asylum approval. It has been in process for the past 5 years, which means that technically he is not a US resident as of yet.
Will he be able to apply from with the US?
If so, what would happen if by the time he applies, his asylum case (God forbids), gets denied? Will he need to apply from Venezuela?

By the way he will be getting his electronic passport as soon as he can obtain him an appointment. With this type of Venezuelan passport he wouldn't need a to get a visa, but would he still need to get the VAF5?

I thank you all very much.

[fysicus]

First of all, read the information on the UKBA website and on UK Visas

As far as I know, Venezuelan nationals always need a visa for the UK; it only depends on nationality, not on technical features of your passport.

From your description I would expect the application for an EEA Family Permit should be straightforward, but be aware that the application form (VAF5) asks for many more details than necessary.

Also note that eventually his right to live and work in the UK is derived from you (the EU-national) exercising treaty rights in the UK.

[86ti]

As far as I know, Venezuelan nationals always need a visa for the UK

Not if they hold a biometric passport.

Will he be able to apply from with the US?

Regards the application from the US please have a look into this thread.

[LAROCCAMOM]

Thank you

[jrge]

Dear LAROCCAMON,

Sorry for hijacking your thread, we completely understand the situation you all are going thru.....We are in the same boat! My wife and Son are Italian citizens, whereas I am a Venezuelan national.

Please, let me share what we've done and you can take it from there:

* (FEB-2011) My wife and son renewed their Italian biometric passports in Philadelphia
* (09JAN-2011) Registered my bio data: http://pasaporte.saime.gob.ve/?q=passport/login (THIS IS A MUST...!)
* (09JAN-2011) Requested an appointment
* (12FEB-2011) Received my appointment date via e-mail
* (23FEB-2011) Went to the Venezuelan Embassy in New York for biometrics and submission of documents
*As of 10APRIL, I'm still waiting to be called to get my new Venezuelan passport.

We (Venezuelan nationals) can enter the UK without a visa, for as long as, you have a biometric passport (This has been already established).

Now, for what I've read in this GREAT!!! forum, I wouldn't necessarily need to apply for an EEA family permit, but instead, I'll wait until my wife starts excercising the EU treaty rights to then apply for the Residency Card, by filling and sending form EEA2.

Please keep in mind, I don't intent to work nor even look/apply for one, as I will wait for the COA to arrive in the mail (POST) to start applying.

Let's keep this rolling...!

[LAROCCAMOM]

I don't understand.
If my husband obtains his biometric passport (he has an appointment 4/20), he then does not need to apply for a VAF5?
We are all traveling together to the UK for the first time and I want to make sure that he will be able to work without any troubles.

Thank you for your comment.

[jrge]

If your husband intends to seek, apply and maybe accept any job upon arrival to the UK, he needs to obtain VFA5 Family Permit BEFORE entering the country.

By obtaining the biometric passport, it will only enable him to enter in the UK as a visitor.

I've found this:
http://www.immigrationboards.com/viewtopic.php?t=75106

You had also mentioned that your husband has an open asylum case in the US. If he has received some sort of legal document (visa extension, TPS, work permit) from ICE to remain legally in the country, he can apply for his VFA5 within the US, otherwise he will have to obtain it in another country, for example: Spain. Read this: https://www.visainfoservices.com/Pages/ ... g=FAQ_PAGE


Please, let's keep in touch to help each other in this ordeal!

[86ti]

If my husband obtains his biometric passport (he has an appointment 4/20), he then does not need to apply for a VAF5?

You got an answer to this right here.

If your husband intends to seek, apply and maybe accept any job upon arrival to the UK, he needs to obtain VFA5 Family Permit. By obtaining the biometric passport, it will only enable him to enter in the UK as a visitor.

That's not quite right (see Article 5(4) of Directive 2004/38/EC for details). The type of passport is also irrelevant. As long as the family member shows proof of identity and relationship to the EEA national that person must be admitted to enter the country. Immigration officers have clear instructions to follow that rule. In practice, however, there may be problems also regards employment. But this has been discussed here multiple times, e.g. see the link just above.

You had also mentioned that your husband has an open asylum case in the US. If he has received some sort of legal document (visa extension, TPS, work permit) from ICE to remain legally in the country, he can apply for his VFA5 within the US, otherwise he will have to obtain it in another country

Have you actually followed the link given above and read the discussion there? A link to a private company is not very useful.

[jrge]

86ti, Thank you for clarifying! and I am sorry for the link to the private company.

However, I am now more confused than what I was before, and I hope you can guide me through the answers.

1) Does a non-EEA national need to have a VFA5 Family Permit to enter the UK to reunite with their EEA family member(s)?
2) What directive is the right one:
* ECB5 Where to apply - the policy (08SEP2009)
Applications for visit visas and EEA Family Permits can be made at any post designated by the Secretary of State to accept applications for entry clearance. The applicant will need to be in the third country or territory in accordance with that country or territory's immigration laws.

*EUN2.2 Where can an EEA family permit be issued?(23MAR2009)
EEA family permits may be obtained from any visa issuing post. It is not necessary for an applicant to be lawfully or normally resident in the country to apply.

Even when this is not my situation, I would like to know the proper and acceptable clarification.

Again, thanks!

[86ti]

1) See previous answer for the legal background and here what the UKBA says about that. A non-visa national should be able to present him/herself to an immigration officer as an EEA family member (hold the necessary proof and be prepared to argue).
2) This is an unfortunate confusion and it is unclear what the UKBA actually does. There are reports here that embassies would follow ECB5. Personally, I tend to think that the EUN are correct.

[vinny]

A non-visa national should be able to present him/herself to an immigration officer as an EEA family member (hold the necessary proof and be prepared to argue).

Correct: 11(4).

[jrge]

2) This is an unfortunate confusion and it is unclear what the UKBA actually does. There are reports here that embassies would follow ECB5. Personally, I tend to think that the EUN are correct.[/quote]

I agree with you in this particular. The UK embassy in the USA warns of this:

"The biometric data of those applying for a UK visa in the United States will be checked against the US Department of Homeland Security’s watch list of criminals and immigration offenders."

Have you had anyone going through this process? I'd like to know if there is a documented case in this particular.

Cheers from the city of brotherly love: Philadelphia...!