EEA Family Permit--some questions

[morsan]

Hi,

I posted here a couple of years ago just as me and my family had moved to Sweden. I'm Swedish, my husband is American with permanent residency in Sweden. We've been trying to make our way over to the UK ever since and we may find ourselves going for it within the next couple of months.

I'd like to ask what might be considered adequate financial support when filing the EEA FP application. In the application itself, my husband is asked for his occupation. Up until a couple of weeks ago he was student on financial aid, and now he's a student without loans, and officially unemployed in search for jobs (which is proving a bit difficult without perfect Swedish).

I'm a student myself, receiving student loans. So although we had been counting on additional income through employment for him, I'm obviously supporting him in the event that he doesn't manage to get a job soon, though not by much (loan is 1000 pounds, rent assistance and child benefit are another 600). As far checking a box in the occupation/support section (5), will it make any difference if I check 'support by spouse' or 'unemployed' or 'student'?
In 5.10 (income from employment or occupation), do we enter my student loan as income, if we check 'support by spouse', even though it isn't technically considered income? If we enter 0, would they then require to see evidence of other support?

I've seen on the forum at least one person who did not supply any financial supporting documents though they are listed as recommended by UKBA, yet still managed to receive his FP. I've also noticed that the Guidance Notes contain financial questions no longer included in the updated version of the VAF application. Do they actually have a right to know your detailed financial information at the level of a family permit?

We'll have what we consider to be enough to get by the initial few months while securing employment, but since we have room and board all settled at no expense, we won't need the money for this big expenditure. My family will help out if necessary as well. But for the sake of satisfying the requirements of FP issuing officers, I wonder if this will suffice and if we have to supply details at all. Our bank statement looks good from january and for the past 6 months, but starting february it might look a little meager. My husband has tax returns from the US showing continuous employment but the last one is from 2009, possibly one from 2010.

Another question I have pertains to 6.2. Have you traveled outside of your country of residence for the past 10 years? He's only lived in his country of residence (Sweden) for 1.5 years, so I'm wondering if he should include travel he did prior to coming to Sweden (from the US)? Maybe not a biggie, but want to get all of the questions right from the start. Of course, we'll send along old passports.

If against all odds, the application should take a long time, is there a way to cancel it in order to get his current passport back? I'm asking cause he might need to go back to the US if the process is drawn out, in order to find employment for our continued support.

What about section 8.10 when the national is a student--what to fill in, what to leave blank?

I'm also wondering what to put down for main purpose of his visit and length of stay. Our plan is to volunteer with a non-profit organization for at least a couple of months and meanwhile look for paid employment. Once we have jobs, we intend to live there for the unforeseeable future. Otherwise, we go back to Sweden or US.

I'm asking mainly because I don't know exactly what is allowed for my husband when entering on this FP. If we put down that we will be volunteering and that we plan to return to Sweden two or more months later, will this stop him from being able to look for employment and stay on? Does indicating a return date make any difference as far as our ability to stay for as long as we choose?

My guess is no, but need to confirm with those of you who have a better idea. I'm thinking that, considering our lack of savings and current unemployment, that it would be better to simply say we are coming to volunteer, as that is our first step and what we know for sure will happen.

Many thanks in advance!

[jrge]

I'd like to ask what might be considered adequate financial support when filing the EEA FP application. In the application itself, my husband is asked for his occupation. Up until a couple of weeks ago he was student on financial aid, and now he's a student without loans, and officially unemployed in search for jobs (which is proving a bit difficult without perfect Swedish).

I'm a student myself, receiving student loans. So although we had been counting on additional income through employment for him, I'm obviously supporting him in the event that he doesn't manage to get a job soon, though not by much (loan is 1000 pounds, rent assistance and child benefit are another 600). As far checking a box in the occupation/support section (5), will it make any difference if I check 'support by spouse' or 'unemployed' or 'student'?
STUDENT
In 5.10 (income from employment or occupation), do we enter my student loan as income, if we check 'support by spouse', even though it isn't technically considered income? If we enter 0, would they then require to see evidence of other support?
NO, THEY DON'T
I've seen on the forum at least one person who did not supply any financial supporting documents though they are listed as recommended by UKBA, yet still managed to receive his FP. I've also noticed that the Guidance Notes contain financial questions no longer included in the updated version of the VAF application. Do they actually have a right to know your detailed financial information at the level of a family permit?
NO, THEY DON'T

We'll have what we consider to be enough to get by the initial few months while securing employment, but since we have room and board all settled at no expense, we won't need the money for this big expenditure. My family will help out if necessary as well. But for the sake of satisfying the requirements of FP issuing officers, I wonder if this will suffice and if we have to supply details at all. Our bank statement looks good from january and for the past 6 months, but starting february it might look a little meager. My husband has tax returns from the US showing continuous employment but the last one is from 2009, possibly one from 2010.

Another question I have pertains to 6.2. Have you traveled outside of your country of residence for the past 10 years? He's only lived in his country of residence (Sweden) for 1.5 years, so I'm wondering if he should include travel he did prior to coming to Sweden (from the US)? Maybe not a biggie, but want to get all of the questions right from the start. Of course, we'll send along old passports.

If against all odds, the application should take a long time, is there a way to cancel it in order to get his current passport back? I'm asking cause he might need to go back to the US if the process is drawn out, in order to find employment for our continued support.
This is a very easy and fast. In theory, you shouldn't have to.

What about section 8.10 when the national is a student--what to fill in, what to leave blank?

I'm also wondering what to put down for main purpose of his visit and length of stay. TO TRAVEL WITH AND/OR JOIN EEA SPOUSE. Our plan is to volunteer with a non-profit organization for at least a couple of months and meanwhile look for paid employment. Once we have jobs, we intend to live there for the unforeseeable future. Otherwise, we go back to Sweden or US.

I'm asking mainly because I don't know exactly what is allowed for my husband when entering on this FP. HE'S ALLOWED TO LOOK FOR AND ACCEPT EMPLOYMENT/WORK FROM DAY 1 If we put down that we will be volunteering and that we plan to return to Sweden two or more months later, will this stop him from being able to look for employment and stay on? Does indicating a return date make any difference as far as our ability to stay for as long as we choose?

My guess is no, but need to confirm with those of you who have a better idea. I'm thinking that, considering our lack of savings and current unemployment, that it would be better to simply say we are coming to volunteer, as that is our first step and what we know for sure will happen.

Many thanks in advance!

From UKBA:

"When you apply, you should include all the documents that you can to show that you are a family member of an EEA national. These should include:

* a copy of the EEA national's passport, endorsed by the EEA national's embassy in the country of application);
* and proof of your relationship to the EEA national (for example, your birth certificate or marriage certificate);
* and a letter from the EEA national, declaring that you are travelling with them or are joining them in the UK"

That's it!

[morsan]

Are these the only documents that you provided with your application?

May I ask if you filled out the financial sections, and whether you were employed then?

[Jambo]

Are these the only documents that you provided with your application?

May I ask if you filled out the financial sections, and whether you were employed then?

See similar question here.

[morsan]

Many many thanks:). I can't tell you how relieved I am.

You mention in that thread that one must prove to be exercising treaty rights. This is for EEA national already residing in the UK, correct? In my case, as I don't live in the UK yet, does it even apply to me?

[Jambo]

Many many thanks:). I can't tell you how relieved I am.

You mention in that thread that one must prove to be exercising treaty rights. This is for EEA national already residing in the UK, correct? In my case, as I don't live in the UK yet, does it even apply to me?

You are correct. In that thread the EEA national was already in the UK. In your case, what you did or plan to do in the UK is irrelevant.

You have a right to reside in the UK for three months unconditionally. After 3 months, you are expected to exercise treaty rights. However, you do not need to declare on the application what your long term intentions are. You can emphasise this in a cover letter stating that you are aware that if you would like to reside for longer than 3 months, you would need to exercise treaty rights.

[morsan]

again, thanks a lot.

i'm just now going through the UKBA website and glad i am. i had gotten some misinformation on this forum before about my husband needing to apply for a residence card after the 'six months are up'. according to the UKBA however, one never legally has to apply for this in order to remain and work legally. and of course, the family permit never expires, unless the non-national leaves the UK.

and i'm also finding that 'exercising treaty rights', can also mean being a jobseeker. i was likewise under the impression that me as an EEA national must apply for this residence card after 3 months, but that also isn't the case according to this page.
http://www.ukba.homeoffice.gov.uk/eucit ... nts-family

[nonspecifics]

Residence cards are not compulsory, but many employers will not hire a non-EEA national if they cannot prove their right to work. The easiest way to do that is by showing a residence card.

Family permits confirm the right to work till they expire, but some employers are also reluctant to accept them because of the short time before they expire or general ignorance about EU law.



It is registration certificates that EU nationals can apply for, but that's not required and an EU passport proves the right to work.

Exercising treaty rights can indeed mean being a jobseeker, but normally only for 6 months and with a realistic chance of finding work. The jobseeker should register as a jobseeker with Jobcentreplus.

The document called a family permit expires six months from the date it became valid, but the right of a family member to live in the UK continues even if the permit expires, if the EEA national is in the UK and exercising treaty rights ( or has permanent residence status) and the family member continues to be a family member.

[Jambo]

Under EEA regulations, your (or your direct family member) right to reside in a member state is not dependant on a piece of paper (apart from the marriage certificate..). The UKBA would just confirm your right when you apply for a Residence Card/Certificate.

However, as the UKBA website points out, your husband is likely to find it difficult to find employment without this confirmation. Employers are not immigration experts and are expecting to see a written proof for someone ability to work. So unless he plans to be self employed, I would advice to apply for it.

In addition, if your husband would like to travel outside the UK without you, he will need some proof of his legal status in the UK if he would wish to return and he is a visa national.

[morsan]

oh, all the 'little' details to be found where least expected. i had read that a person 'might' find it difficult and my immediate thought was only that it would be a little difficult.

i have googled to get people's personal experiences, but of course, not much to be found. we plan on calling a few employers and agencies to see what their position is on that matter. if negative, i'm sure glad i knew about this before going there!

if we wait another year and a half my husband can become a swedish citizen. would that make securing employment easier? is a EU national also expected to be a hassle and not worth hiring? i hear a lot about swedes finding work in the UK very easily, so it must be a better route. now, let's just hope his swedish can be perfected enough to satisfy these swedish employers;).

do EU nationals go through less trouble in getting a residence card, or is this called certification?

thanks!

[Jambo]

Having a Swedish passport will ease things as you only need to show the passport. You don't need to apply for a permit.

It all depends on your circumstances. Some people find it more difficult than others. Some employers would be just fine with a family permit that expires after a few months if you tell them that you are in the process of getting a 5 years residence card.

In any case, my suggestion is to put on his CV "allowed to work in the UK (EEA family member)" and not use the word visa or to mention the expiry date of the Family Permit. This at least will get him pass the initial screening. When asked, he can explain his status but it easier to do once they have actually read the CV and think he might be suitable for the job.

[morsan]

Very useful information, thanks.

We have called to a few different employers just to get a feel for the situation, and so far everyone's been very casual about it. Perhaps people applying for advanced degree positions/long-term contracts experience more trouble.

My husband works in disability care. At least in the US, these jobs attract a lot of immigrants.

About entering the UK, I know we both have to enter together with the family permit, but do I have to remain in the UK for any amount of time afterwards? If I don't legally have to be with him for the first couple of months, I rather not since we won't have living arrangements settled beforehand.

[nonspecifics]

My friend was offered a job as a care assistant in a care home ( very high numbers of foreign workers in this sector).

" I need to see your work visa". That's what the manager kept saying to my friend.

The manager was used to employing foreign workers on work visas and would not accept the family permit as proof of right to work.


Some employers understand the EU rules, others don't.

[jrge]

Very useful information, thanks.

We have called to a few different employers just to get a feel for the situation, and so far everyone's been very casual about it.Perhaps people applying for advanced degree positions/long-term contracts experience more trouble.
You could say that, but the "how you sell yourself factor" prevails. For instance, I only had 2 months left in my family permit and during my job interview, I asked my now UK employer to placed me on a 2 month probation. Lucky me, I received my COA within 3 weeks of sending my application, turned it in to HR (which verified it) and now I have a 2 years "breakable" contract.

My husband works in disability care. At least in the US, these jobs attract a lot of immigrants.

About entering the UK, I know we both have to enter together with the family permit, but do I have to remain in the UK for any amount of time afterwards? If I don't legally have to be with him for the first couple of months, I rather not since we won't have living arrangements settled beforehand.

Sorry for not replying before. I am glad you are clear about VFA5 requirements. BTW, We also included a payslip of my wife - unnecessary-, only because we mentioned on the cover letter she was already working.