non EEA Husband has Swedish Resident Permit, enter UK?

[swedeinus]

Hi.

I'm Swedish and my husband american. he will be joining me here in sweden in two weeks with his Swedish resident permit. we're planning on eventually moving elsewhere in europe (considering Scotland at the moment), likely in a year from now, but in the event that we want to go now already, is it possible for him to enter the UK with me without having a EEA family permit at the border? Can he enter with me, and then apply for this permit once in the UK? I know other countries allow this, for example last winter we were thinking of moving to Portugal and I called the embassy where they told me all he needed to do was report with immigrations upon arrival.
There is no such option (calling the embassy) for UK immigration related questions, so hopefully someone can help me here;).

Thanks!

[swedeinus]

Additional question. Since we're due to move out of our apartment at the end of this month, and have few options of staying elsewhere in wait of issuance of a family permit, I wonder if the following scenario is possible.
My husband applies for a family permit now. Regardless if it reaches him or not by the end of this month, we both travel to the UK, find employment and apartment, and wait for the family permit to arrive, hopefully within three months. Since my husband is American, he has the right to travel to the UK without a visa for up to 3 months.

Thanks!

[86ti]

You confuse the EEA family permit (an entry clearance to be applied for at a consulate) with the residence card (a document confirming EEA rights in the host member state to be applied for in that member state).

It should be possible for a US citizen to enter the UK as you suggest but be prepared to be interrogated or to even meet a clueless immigration officer. Make sure to have your marriage cerficate ready.

[swedeinus]

Oh, I see. I found this application online:
http://www.ukvisas.gov.uk/resources/en/ ... 03073/vaf5

what is it for, entry clearance or residence card? it's quite involved so I hope not the former...
I know once living in the UK for 6 months, we'd have to show proof of financial support, but not upon entering, correct?

so is the clearance permit more for nationals from countries which do not allow visa free travel?

if my husband enters simply using his american citizenship, is it legal for him to look for employment, and what would be needed for him to prove his right to work in the UK to employers?

Thanks!

[Directive/2004/38/EC]

You do not have to show proof of financial support.

EU citizen has to work or be self sufficient. Non-EU citizen has to be married to the EU person. Be sure to carry your marriage certificate if you want to move to the UK without having an EEA family permit.

Residence Card is only applied for once you are in the UK.

[rataxes]

swedeinus, my wife and I are currently going through this process. My wife is Hungarian and I am American with Hungarian residency.

The application you found, VAF5-EEA Family Permit, is the correct one. Depending on your time frame, this can be filled out and submitted before entering the UK, or submitted after you have arrived. However, he will need to submit his passport with the application, so take that into account when making travel plans. The EEA Family Permit is not a residence card, it is only "entry clearance" giving permission for him to be in the UK for longer than three months. It is valid for six months.

Before the six month period of the EEA Family Permit expires he will need to apply for the residence card which is EEA2. As part of the application process he will need to submit his passport, so take this into account. He will be without a passport for anywhere from 2–6 months. You will want to arrange anything requiring a passport before he submits the EEA2 application, ie. bank account, housing, etc.

Once he has applied for the residence card he should receive a Certificate of Application (CoA). Although the Home Office is supposed to send a CoA once the application is received, they don't. If he has not received the CoA within two months of applying he needs to get on the phone and be personable and diplomatic, but FIRM, in asking for it.

Obviously, as an EEA National you are entitled to work in the UK immediately. Once your husband receives his EEA Family Permit he is also allowed to work. However, potential employers will want to verify his passport and EEA Family Permit, so keep this in mind. If he is not employed before submitting his EEA2 application he should make colour copies of the application and ALL the accompanying documents including his passport. Once he has received the CoA he can provide this to potential employers as proof that he is eligible to work in the UK (they will contact the Home Office and verify the letter). If he finds work in the period after submitting the EEA2 application but before receiving the CoA, I've been told he can show the potential employer the photocopied application and accompanying documents and they can still use that to verify his eligibility with the Home Office.

Good luck. You may hear and read horror stories about the process, but be glad you're not considering Italy. It's truly a nightmare down there.

[86ti]

Before the six month period of the EEA Family Permit expires he will need to apply for the residence card which is EEA2. As part of the application process he will need to submit his passport, so take this into account. He will be without a passport for anywhere from 2–6 months.

He can ask for it to be returned earlier. Applications may even take longer than six months.

[Directive/2004/38/EC]

The application you found, VAF5-EEA Family Permit, is the correct one. Depending on your time frame, this can be filled out and submitted before entering the UK, or submitted after you have arrived.

You can only apply for an EEA family permit from outside the UK. The family permit (a kind of visa) is valid for 6 months.

If you are in the UK, you would want to apply for a Residence Card. That is valid for 5 years.

[swedeinus]

Reviving this old thread.

We've been living together in Sweden for almost a year now. Are really itching to go to the UK.

If we apply for the EEA permit before leaving Sweden, do I have to enter the UK along with him? And if so, do I have to stay with him in order for him to be allowed to stay and find work? We have two kids and I think, if at all possible, it would be easier for him to do the ground work there alone, finding job and housing, before we all come over.

Thanks!

[Directive/2004/38/EC]

What have you been doing in Sweden? What do you plan to do in the UK? What you do is far more important legally than that what he does!

Your husband has a US passport, and so can visit the UK without a visa. There is nothing stopping him from visiting people and talking about jobs, though he should be honest in answering questions from border guards, and of course must not start work until he has EEA FP and you are there with him.

I would tend to guess that if you have submitted it, and get gets the EEA FP, then there may be more UKBA interest in where you are when he enters the UK. I would tend to hold off and not get the EEA FP until after he has found a job, assuming that is important to happen before you move. By all means fill out the form now, assemble the proof that you have been exercising your treaty rights, take the photos, and then put it in the corner of the desk. Not totally sure about this, so is worth discussing more. EEA FP is usually pretty quick to get issued once you apply.