EEA Family permit for US citizen (while in non-EU state)

[morsan]

My husband and I live in the US. I'm Swedish (EEA national), husband US citizen. We would like to go live in either the UK or Ireland and I wonder what our options are especially since neither of us is actually residing in a member state at the moment.

As far as I know, I would not have to apply for residency before leaving. However, I wonder if doing so would make it easier for my husband to secure a EEA Family Permit. If so, what are the necessary steps involved? Please be as specific as possible. Will I/he need to provide any evidence of financial security? If so, would it be based on US circumstances? I plan to become self-employed before moving.

Is it possible for us at all to secure all the necessary permits while both of us remain in the US, or would I have to be settled in Europe before my husband can be considered for a family permit (for example to show proof of financial security in the EU country)? If so, do I have to live there for a certain period of time before I can be considered financially secure?

Also, do indicate what form we would use (me and husband), and indicate if possible where I can find it online.

We have a child together--if that has any significance in terms of permits etc.

I hope there are others who have been in similar situations. I have tried finding clues by reading past posts, but it seems that our situation is different because we both live in a non-EU country (and would prefer to remain while waiting for paperwork to be completed).

Thanks,
Josefina.

[John]

Josefina, quite a few questions there.

We have a child together--if that has any significance in terms of permits etc.

Does the child have a Swedish passport? If so no visa or permit needed. If the child has inherited Swedish nationality from you but you have not yet got round to getting the child a Swedish passport I would say .... contact the Swedish embassy in the US and get the child a Swedish passport.

Is it possible for us at all to secure all the necessary permits while both of us remain in the US

Well you, and also your child if Swedish passport holder, don't need an permit. You have what are commonly known as "treaty rights". Those include the right to live and work in any EEA country, and that of course includes the UK.

So suspect that it is just your husband who needs an EEA Family Permit. As long as it is going to be clear that you will be exercising treaty rights (and not just coming to the UK as a visitor) ... for example being self-employed .... and it is clear that your husband will not need to have recourse to certain Public Funds ... then it should be possible for him to obtain an EEA Family Permit before you travel to the UK.

The evidence in support of the application should make it clear that you will be exercising your treaty rights. I presume the self-employment you mention will continue when you get to the UK?

This webpage (click) on the excellent www.BritainUSA.com website should give you lots of information. It is recommended that the application be made online, and that means you follow the instructions on screen about where to submit the supporting evidence, passport etc.. For EEA Family Permit there is no application fee.

Note that webpage specifically says (with my emphasis) :-

An EEA national who is exercising, or who intends to exercise Treaty Rights in the UK is entitled to be joined or be accompanied by his family members, as defined in the Regulations, regardless of nationality. People exercising Treaty Rights are defined as those who are exercising freedom of movement and residence as workers, self-employed people, providers and recipients of services, students, retired persons and other self-sufficient people.

Have a good read. then if you have any more questions, well don;t hesitate to post again.

[JAJ]

We have a child together--if that has any significance in terms of permits etc.

Simplest solution is to get the child a Swedish passport.


After 5 years in the United Kingdom, you and your husband will be able to apply for permanent residence stamps. Under current laws you will be able to apply for British citizenship one year later (6 years in total).

Are you planning to have any further children born in the UK?

[morsan]

No, my son does not have a Swedish passport--I didn't even consider that, thanks!! I just thought of it as yet another expenditure. We'll get one for sure.

So, you're saying that as long as we can prove that my husband is financially sound, I don't need to be in the UK while he submits his application? Do they consider our current US-based financial situation as sufficient proof of self-sufficiency? I also wonder whether they consider both of our incomes, or just mine (or his).

Thanks,
Josefina.

[morsan]

On that link I did not see the information you quoted, in fact I didn't find anything relating to EEA Treaty Rights at all (only US citizen specific visa information). Can you direct me there?

Thanks,
Josefina.

[John]

Do they consider our current US-based financial situation as sufficient proof of self-sufficiency?

They might well accept that. But you mentioned you starting a self-employment. You will be doing that self-employment in the UK? If so that will be you exercising your treaty rights.

On that link I did not see the information you quoted, in fact I didn't find anything relating to EEA Treaty Rights at all (only US citizen specific visa information). Can you direct me there?

Sorry I thought I already had! I even quoted the relevant part! :-

An EEA national who is exercising, or who intends to exercise Treaty Rights in the UK is entitled to be joined or be accompanied by his family members, as defined in the Regulations, regardless of nationality. People exercising Treaty Rights are defined as those who are exercising freedom of movement and residence as workers, self-employed people, providers and recipients of services, students, retired persons and other self-sufficient people.

From this webpage.

As regards your son's Swedish passport, I would certainly get that before proceeding to put in the application for your husband's EEA Family Permit. As a Swedish Citizen (and therefore an EEA citizen) dependent upon you, also an EEA Citizen .... exercising your Treaty Rights, he also has the ability to live in the UK. No EEA Family Permit needed for him, just for your husband.

[smalldog]

I just replied to your other thread before I saw this one.

My wife has applied for an EEA family permit for the UK in a similar situation to you and it was a very quick and painless process. All we submitted were our passports, our marriage certificate, some bank statements showing enough savings to last several months, a letter addressed to the entry clearance officer stating my intent to move to the UK to seek employment, and form VAF1 with an attached photo. The family permit was issued within a day or two.

You can find the form on this page: http://www.ukvisas.gov.uk/servlet/Front ... 4919208354

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[morsan]

Thanks, John. I don't know why I wasn't able to access/find that page before.

Yes, I will be starting self-employment here and continue in Europe. My question was more pertaining to whether I would have to show my ability to support myself IN the UK, or whether showing that I am able to do so in the States is sufficient. I hope that makes sense.... I'm asking this because of my experience immigrating to the US, when my husband had to go live in the US for a month working before I was able to show proof of his earnings. I rather not be seperated this time, because we have a small child. However I did read that I would need a UK address first, so maybe I do need to go ahead of time. I wonder if a hostel address is enough:).

Is the form VAF1 the appropriate form for us? It says "non-settlement" on it, and we do intend to settle there, not just travelling. If not, then what form would I use? If indeed that is the form I use, what does non-settlement mean?

Thanks,
Josefina.

[John]

Josefina, the first thing to say is that the VAF1 form is the correct one that your husband should complete, but as said previously, it is recommended that he completes that online rather than on paper. Yes it is confusing that the form talks about "Non-Settlement" but don't be put off by that. There is a box to check labelled "EEA family Permit" so it is clear that the VAF1 form is the correct one.

In any case the VAF1 form is less onerous than the VAF2 form, so don't complain about needing to complete a VAF1 ... if you see what I mean!

My question was more pertaining to whether I would have to show my ability to support myself IN the UK, or whether showing that I am able to do so in the States is sufficient.

You, and indeed your son (assuming he has a Swedish passport), will not be applying for anything! You both have Treaty Rights that give you the right (subject only to obvious health and State Security matters) to enter the UK and to live here. There are a number of ways for you to exercise your Treaty Rights and being self-employed is one of them.

In other words, no need for you to be at all concerned about showing any financial ability.

Your husband? Yes he will need to make the application but it merely needs to be clear that he will not need to claim certain Public Funds. You/your husband have any savings? But I ask roughly how much?

Accommodation? I don't know about a hostel but certainly a hotel booking, for say two weeks, would suffice. Obviously there are lots of hotel chains but as an example have a look at the Travelodge website. Don't be tempted to book a cheap rate deal. That is, do make a booking using "Flexible". The point is that over the internet, using a credit card, you can make a booking .... have a confirmed booking ... and then cancel or alter it later! As long as you cancel before Noon on the expected day of arrival there will be no charge ..... "Cancelling later than 12 noon will incur a charge for one night's stay per room booked."

I am not sure where in the UK you intend to stay but there are 304 Travelodges around the UK.

In other words, make a booking ..... print out written confirmation of that booking ..... your husband supplies that confirmation with his written evidence .... and if need be the booking gets cancelled or altered after the EEA Family Permit is in the passport.

Make the booking for say 2 weeks .... which could be enough time to search out accommodation to rent.

Alternatively, any friends or family able to put you up temporarily?

[morsan]

Thanks John. Being able to book a hotel and then cancel if we find something else is such a great idea.

I was wondering whether I needed to show proof of being able to financially support my husband, as in being a "sponsor". This is what my husband needed to do when I immigrated to the US, although he was a citizen and obvioulsy not applying for anything. At least in the US, it seems that a citizen spouse MUST be financially stable to support the foreign spouse. They never asked for my own ability to support myself. THAT would make things easier for us when going to the UK, that they also should consider his ability to support himself. Judging by what you wrote, it seems this is the case, so no worry (?). Just wanted to clarify though.

No, we don't have savings as of now. However, we're not going anywhere in the next year, take or leave a few months. I'm enrolling in a course this fall and will be done by May. Not sure how quickly we can leave after that. I also wonder if I need to "establish" my self-employment first before leaving (though I don't feel the necessity myself)--I will be doing nutritional counseling. I have still to check what sort of laws there are in the UK for practicing. I do hope it's not too difficult.

If we need to show a certain amount of savings, I guess we'll make sure to work on that (besides saving for the obvious costs of relocation). Do you have any idea what they may be looking for (how much?)? Or is it just a per case evaluation kind of deal?

Thanks,
Josefina.