EEA Permit Help.

thosekids · Post by **thosekids** » Tue May 10, 2011 10:57 pm

Hello,

I had a few questions regarding the EEA Family Permit as I feel completely overwhelmed by a lot of the information I have read.

Firstly, although I was born in the UK and have lived here most of my life (besides living with my husband in the US for little over a year) I hold an Italian Passport through my mother and am considered an Italian citizen. Is my spouse entitled to apply for an EEA Permit under these grounds?

Secondly, before we discovered the EEA Permit, we were extremely focused on obtaining the UK Spouse Visa and have worked on adhering to the required documents for said Visa. Are the documents neccessary for the UK Spouse Visa the same as the EEA Permit? (proving you have adequate accomodation and financial means, photos proving your relationship etc) I am currently working in the UK, and do not make a substantial amount of money. Do I need to show evidence that I can support my spouse and will they refuse the permit on the grounds of insufficient funds?

Lastly, my husband had visited the UK before we were married and when returning from a short trip to Germany was refused entry for failing to provide documents showing his intention of returning to the USA. He had already been in the UK for 4 months and was later granted temporary admission upon providing the neccessary documentation on his second attempt into the UK. Will this affect his chances on getting the EEA Permit granted?

Thanks for reading! I greatly appreciate any feedback.

Post by **Greenie** » Tue May 10, 2011 11:20 pm

Don't have time to reply in detail but see information on the mccarthy judgement regarding whether your husband can apply for a family permit

thosekids · Post by **thosekids** » Thu May 12, 2011 10:57 pm

I'm not familiar enough with this to fully understand it. As far as I'm aware my husband can't apply for a UK Spouse visa. Can anyone else please elaborate or offer any other helpful advice?

amazighman · Post by **amazighman** » Fri May 13, 2011 12:44 am

i think u do not have any problems,just ur husband needs to apply for eea fp ,and in application to mention that u are accompanying him to uk,

regards

Post by **vinny** » Fri May 13, 2011 1:55 am

If he is currently in the UK with you, then there's no harm with him applying for an EEA residence card.

However, he may be refused because you're British who hasn't satisfied section 9.

thosekids · Post by **thosekids** » Fri May 13, 2011 10:01 am

Hi Vinny, thanks for the reply. He is living in the US as a US citizen.
I flew to the US on a visitors visa to marry him and then returned here. The reason I am confused is that from information I have gathered we are not eligible to apply for a UK spouse visam (I am not a naturalized British citizen and hold and Italian passport.) Which route do we take in order for him to come here?

Many thanks.

Post by **vinny** » Fri May 13, 2011 10:42 am

When were you born and what were the UK Immigration status of your parents?

If you are not British and have a permanent right of residence, then your husband has a choice of applying for a spouse visa or applying for an EEA family permit.

If you are British who has satisfied section 9, then your husband has a choice of applying for a spouse visa or applying for an EEA family permit.

If you are not British and a qualified person, then your husband may apply for an EEA family permit.

If you are British or have a permanent right of residence, then your husband may apply for a spouse visa.

A spouse visa is subject to the MAA requirements.

thosekids · Post by **thosekids** » Fri May 13, 2011 3:26 pm

I was born in the UK in 1988. My mother is Italian and my father British but he is not noted on my birth certificate.

How do I find out if I have a permanent right of residence? If we go ahead and apply for the EEA and he is refused, can this complicate matters if he tried to enter the UK as a visitor or cause problems if we have to apply for the UK spouse visa?

Thanks Vinny.

Post by **vinny** » Fri May 13, 2011 4:46 pm

Were your parents married to each other at the time of, or after, your birth?

thosekids · Post by **thosekids** » Fri May 13, 2011 7:56 pm

Nope, never and still not married.

Post by **vinny** » Fri May 13, 2011 11:49 pm

Then you are not British.

thosekids wrote:How do I find out if I have a permanent right of residence?

Permanent right of residence depends on what you have been doing in the UK.

thosekids · Post by **thosekids** » Sun May 15, 2011 4:00 pm

Thanks for all your help, Vinny.

We have decided to apply for the EEA Permit.

Post by **vinny** » Sun May 15, 2011 4:11 pm

Good luck! Let us know how he gets on.

thosekids · Post by **thosekids** » Tue May 17, 2011 8:22 pm

Yes I will!

Hey Vinny, could I ask if you know the answer to the question in my first message regarding my husbands refused entry into the UK? Will this detour anything?

Also, he is unemployed. On the visa guidance form for the EEA it asks for his financials to prove he can fund his trip. Is this neccessary? Does he have to submit ANY financials at all or could it just be mine?

Thanks once again.

thosekids · Post by **thosekids** » Tue May 17, 2011 10:08 pm

I'd like to add that I read this post http://www.immigrationboards.com/viewtopic.php?t=76104 which was relieving, however since I was born in the UK I figured I would need to show that I could support my spouse, where it would be different if I was "moving" to the UK. Am I correct?

Laura721 · Post by **Laura721** » Tue May 17, 2011 10:36 pm

I was born in the UK and am applying from Spain (have been working here since August, living here since June). It is my understanding I do not need to show anything remotely financial at all... these sorts of posts worry me!

thosekids · Post by **thosekids** » Tue May 17, 2011 10:53 pm

Sorry to worry you Laura721! It is just that I see posts where people are sending bank statements. Is my payslips or a letter from my employer fine? Or should I send both?

Are you a British Citizen by the way? I am hoping that through my Italian Citizenship my husband is eligible for the EEA.

Laura721 · Post by **Laura721** » Tue May 17, 2011 11:08 pm

Even though my dad is Spanish, I'm British so a foreigner here. As I'm exercising treaty rights we are applying under the Surinder Singh ruling.

I'm not going to send any financial evidence or documents at all, just my payslips and work related documents obviously important for my case. I've been advised bank statements and other related documents are pointless and just has nothing to do with the application being made. The most important thing is to show your marriage is not one of convenience and that you are intending to go with spouse to UK etc.

I'd like someone to advise on this though, plenty of people who know better than me!

thosekids · Post by **thosekids** » Tue May 17, 2011 11:17 pm

That sounds promising as I don't have any savings, just living paycheck-to-paycheck so would prefer just to send work-related documents.

The UK government pays Â£105.95 weekly to a couple through benefits, from my understanding. So I should be ok as I earn over twice that but I'm still worried financials will be a deciding factor.

Have you put in an application yet? We are going to at the end of the month...

Laura721 · Post by **Laura721** » Tue May 17, 2011 11:23 pm

Remember this is completely different to a UK visa and is based on EU law not UK law - very important to understand. You do not have to be earning a certain amount. No application for us just yet, my fiancÃ© and I are finding it more complicated to get all of our documents together for marriage in Spain first. Completely ridiculous process. Hopefully in a couple of months! We will apply as soon as we are married.

thosekids · Post by **thosekids** » Tue May 17, 2011 11:28 pm

Thanks for re-assuring me!

Good luck with getting married, and congratulations.

All the best!

thosekids · Post by **thosekids** » Thu May 26, 2011 10:34 pm

Hello Vinny or anyone else that can help!

We are about to submit our EEA Permit application in the next few days but I still feel a bit wary about being born here in the UK and living here for almost all of my life. I never formally naturalized as a British Citizen but how is this information accessible? Do I need to submit any kind of documents stating I am not a British Citizen or is a notarized copy of my Italian Passport enough? Even though it says I was born in the UK I had to register my birth at the Italian Embassy to get the Passport.

I would greatly appreciate any input.

Regards

Laura721 · Post by **Laura721** » Mon Feb 27, 2012 11:14 am

A question - we marry on March 22nd and will apply for EEA family permit from here where we live, Madrid. As the wait here is 6-8 weeks minimum for the appointment to hand in documents - maybe I could apply now before we are married and have an appointment for end of April or must I wait until March 22nd to submit and then wait another 2 months for appointment?

Laura721 · Post by **Laura721** » Tue Feb 28, 2012 8:02 pm

Pls someone let me know if I can apply now even though we are not married yet (married on march 22) and get an appointment for april to hand in documents...as by then we will be married, or must i wait until march 22 before even applying online?

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EEA Permit Help.

EEA Permit Help.