Getting Family Permit

[Moni]

I'm a non EEA family member of an EEA National.My husband is Dane and at the time being we're living in the U.A.E. We want to move to UK in January.
I want to know can I accompany my husband to UK or not?
Is there any difficulties regarding getting family permit?
How long does it take to get that?
How long is family permit valid?
What shall I do after my family permit expire?

Looking forward to having your reply.

[John]

You do not actually say which country you are from but if you are a so-called Visa National then you must have a visa or permit in your passport before flying to the UK.

In any case you should apply, in your current country of residence, UAE, for an EEA Family Permit. Such a permit will be for six months and towards the end of that period you will make application in the UK for a 5-year Residence Card.

Go to this webpage and then download application form VAF1 and also the INF 18 Guidance Notes.

How long will the application take? Contact your nearest British Mission and ask.

Can you apply before your Danish husband moves to the UK? Yes, as long as it is going to be clear that they will be exercising Treaty Rights in the UK when they do arrive. What exactly does your Danish husband intend to do in the UK? For example, become employed?

[Moni]

Thank your for yor prompt reply, John.

My husband is gonig to find a job and be employed there as an IT perofessional as he had worked for four years in Ireland till 2002.

But I have no clue what Treaty Rights in the UK is.

Your reply would be appriciated.

Many thanks,
Moni

[JAJ]

You do not actually say which country you are from but if you are a so-called Visa National then you must have a visa or permit in your passport before flying to the UK.

Can a non-visa national get an EEA Family Permit at the port of entry or after arrival in the UK as a tourist?

[Moni]

I've searched so many sites about getting Family Permit and thinngs related moving to UK, but I'm afraid a non-visa national cannot get an EEA Family Permit at the port of entry or after arrival in the UK as a tourist. That person should apply for Family Permit in the country of residence before flying to UK.

Moni

[JAJ]

But I have no clue what Treaty Rights in the UK is.

Working is one way to exercise Treaty Rights. There are other ways, eg studying.

[smalldog]

Under the new directive there is an initial 3-month right of residence without having to exercise treaty rights by working, studying, etc. So it is no longer necessary to demonstrate to the embassy in UAE that your husband will be working; however you should be able to demonstrate that you will be travelling together (a letter from your husband stating this intention should suffice).

It isn't possible to get an EEA family permit on entry or within the UK. However, an EEA family member arriving in the UK without a family permit would be granted entry providing proof of the relationship were provided. An EEA family member with any status (including overstayers or illegal entrants) can apply in-country for a residence permit.

The simplest course of action is to apply for an EEA family permit before travelling to the UK, and a residence permit once you and your husband have been in the UK long enough to collect evidence that your husband is exercising treaty rights (payslips, etc.).

[JAJ]

The simplest course of action is to apply for an EEA family permit before travelling to the UK

For which the start point is http://www.ukvisas.gov.uk

If there's a long term plan to stay in the UK, they both need to know that Permanent Residence is available after 5 years.

Children born in the UK before Permanent Residence is granted will not be British citizens at birth, but can be registered as British immediately once Permanent Residence is acquired. No need for the parents to become British as well, in this case.

[Moni]

Many thanks for your reply.

Today I called British Embassy in Dubai, regarding My Family Permit and needed documents. They told me that I do need a VISA before traveling to UK and they just need my passport, marriage certificate, and my husband's passport. Hopefully they'll give me VISA on the same day of application.

Cheers,

Moni