Applying for EEA Family Permit please help

[haringnl83]

Hello everyone,

I am in the process of applying for an EEA family permit for my husband and his adopted daughter in Vietnam. I am a Dutch national and have lived in the UK for 25 years, since I was 3 years old. I left the UK in June 2010 and have not been back since; we plan to move to the UK together as a family. We also have a 4 month old baby girl (she already has a Netherlands passport).

I have been putting together documents for their application, could somebody please let me know if it is ok for my peace of mind?

For husband's application:

- 1 application form completed and printed
- husband's passport + copy + translation
- marriage paper + copy + translation
- husband's divorce paper + copy + translation
- 1 photo
- husband's business papers showing he is the owner + copy + translation
- husband's bank statements from past 6 months + translation
- copy of my passport endorsed by Netherlands embassy
- birth certificate of our daughter + copy
- a selection of photo's of us together
- apartment contract stamped by local police as proof we live together + copy + translation
- signed and dated letter from myself stating that we will be travelling to the UK together to live as a family

For husband's daughter's application:

- 1 application form completed and printed
- her passport + copy + translation
- her birth certificate + copy + translation
- her adoption papers + copy + translation
- marriage paper + copy + translation
- husband's divorce paper + copy + translation
- 1 photo
- copy of my passport endorsed by Netherlands embassy
- signed and dated letter from husband's ex-wife agreeing to us taking their daughter with us to live in the UK + copy + translation
- signed and dated letter from myself stating that we will be travelling to the UK together to live as a family

I will be travelling with them when we move to the UK, so I do not have a job there at the moment to provide evidence of income (I have been away 18 months already). Do I need to provide any of my financial information in this instance for either application?

[John]

That looks fine, but looking back at your previous posts, a few month's ago, is the adopted daughter now living with you? Or put it another way, the daughter's address on her application form, is that the same address as on your husband's application form?

No job in the UK for you yet! No problem given that for up to three months you do not need to be exercising Treaty Rights in any particular way. But within those 3 months you need to start exercising Treaty Rights in the UK in a particular way. What are you intending to do? To work? Or are you hoping your husband will get a job and so support the family?

Do appreciate that in the UK the employment market is currently very tough, probably much tougher than when you were last in the UK.

[haringnl83]

Thank you for your reply,

Yes, she is now living with us so we will put the same address on her application.

Our plan is for my husband to work full time and for me to work part time eventually. I'm aware of the situation with the job markets back home, however we want to try (I miss my family too much, everyone lives in the UK).

So I think I will write on the application letter that I will be exercising my treaty rights as a job seeker when we arrive, and perhaps also include a copy of my university degree as evidence for ability to work.

[Jambo]

I am a Dutch national and have lived in the UK for 25 years, since I was 3 years old. I left the UK in June 2010 and have not been back since;

As you have lived in the UK for so long, you are most likely have obtained Permanent Residence status already. As you haven't been away for more than 2 years, you did not lose this status. Have you got any documentations to show you have gained that status? it is not required to apply for as a Dutch national but if you did apply for it in the past, it can help in this case.

Alternatively, if you can provide proof of working in the UK for 5 years, that
will show you have been obtained that status already. It will also ease the application for 5 years Residence Card (EEA2 form) once you are in the UK.

[haringnl83]

Thank you both for your advice.

I am writing the cover letter now. Is it ok to write one cover letter when I hand in the applications or do I need to write a separate cover letter for each application (for my husband and his daughter). I was planing on handing the documents for both applications in together because certain documents I have only one of (ie marriage paper and my Dutch passport) so cannot be included in both applications if handled seperately.

[Jambo]

There is no requirement for a cover letter so you can choose how many to write. One letter to all makes more sense. Make the letter concise. For me, the main reason for a cover letter is to show the ECM you are familiar with the regulations so they understand there is no point mess around with you.

[haringnl83]

Thank you. Could you please review the letter I have drafted, I have omitted the financial information as reading other posts in this forum it seems that providing too many documents could end up being counter productive. Thank you very much

To Whom It May Concern:

Please find enclosed the application for an EEA Family Permit for my husband ... and his daughter .... We will be traveling to the UK together on 25 March 2012. According to The Immigration (EEA) Regulations 2006 sections 12 and 13, the following documents are provided with the applications:

(1) (Husband's name):
- application form completed and printed
- his passport
- our marriage certificate
- his divorce certificate
- 1 photo
- copy of my Dutch passport endorsed by the Netherlands embassy in Hanoi
- birth certificate of our baby daughter
- apartment contract stamped by local police as evidence that we live together

(2) (daughter's name):

- application form completed and printed
- her passport
- her birth certificate
- her adoption papers
- 1 photo
- signed and dated letter from her mother ... (husband’s ex-wife) agreeing to us taking their daughter with us to the UK

Copies and translations of the above documents have been included, in addition to the originals.

I have lived in the UK from July 1986 until June 2010 and on my return I will be exercising my treaty rights as a jobseeker according to section 6 of The Immigration (EEA) Regulations 2006. I have provided copies of my University Degrees to demonstrate my intention to work.

I understand that under The Immigration (EEA) Regulations 2006 section 13, my family members and I have an initial right of residence for a period of 3 months.

This is an application under EU law and I understand that it will be processed as soon as possible and on a priority basis.

Sincerely,

[Jambo]

Look just fine. I would remove the sentence about jobseeking and your university degree and just add a general statement in the following paragraph stating you are aware that after 3 months you are required to exercise treaty rights in order to reside in the UK.
Your intentions after the three months should not be part of the decision to allow your family to enter.

[John]

I would change :-

We will be traveling to the UK together .....

-: to :-

We plan to travel to the UK together ......

Why? Well let's face it, if the EEA Family Permits are not issued then you will not be travelling together, will you. In other words, appreciate that the plan is dependant upon the embassy visa department.

Also, as regards "Please find enclosed the application ....", suggest you change "application" to "applications", given one form required by each person requiring an EEA Family Permit.

[haringnl83]

Thank you very much for the good advice. I will let the board know any updates regarding our applications and the outcome, hoping it will help others going through this process.

[haringnl83]

I wanted to let you know that both my husband and his daughter have received their EEA Family Permits! Thank you so much for your help. We fly to the UK next week!

I know the next step will be to apply for an EEA2 for my husband and his daughter. My husband now wants to work in the UK, I know that under EU law he is allowed to work from day 1 (when I am exercising treaty rights) but how do we prove this to prospective employers whilst we are waiting for the EEA2 to come through?

Also, as I should have achieved permanent residence myself having lived in the UK since 1986, do I still have to prove I am exercising my treaty rights or should I just show that I have lived in the UK since I was a child. I also do not know what documents could prove this, perhaps a combination of high school diploma, payslips, bills, university degree, tenancy contracts?

Thank you

[EUsmileWEallsmile]

I wanted to let you know that both my husband and his daughter have received their EEA Family Permits! Thank you so much for your help. We fly to the UK next week!

I know the next step will be to apply for an EEA2 for my husband and his daughter. My husband now wants to work in the UK, I know that under EU law he is allowed to work from day 1 (when I am exercising treaty rights) but how do we prove this to prospective employers whilst we are waiting for the EEA2 to come through?

Also, as I should have achieved permanent residence myself having lived in the UK since 1986, do I still have to prove I am exercising my treaty rights or should I just show that I have lived in the UK since I was a child. I also do not know what documents could prove this, perhaps a combination of high school diploma, payslips, bills, university degree, tenancy contracts?

Thank you :)

Congratulations on your family's family permit success.

Your husband can work from day 1, but he may struggle to demonstrate this to employers. The easiest thing to do would be to apply for a residence card (that will take around three months) and he should receive a certificate of application in the space of two weeks. With the COA, he will be able to demonstrate entitlement to work very easily.

You long residence in the UK as a Dutch national may or may not have qualified you for PR. It depends on what you did. If you simply lived in the UK, then it would not. If you worked for 5-years, it will. If you were the dependent child of an EEA national who worked for five-years, you would also have qualified. I'm just giving you some examples, there are plenty other mechanisms for you to have qualified.

If achieved, you will not have lost PR unless absent from the UK for more than two years.

[haringnl83]

Thank you.

So for instance in my husband's EEA2 application, if I were to include evidence that my father was working during the time I was still dependent on him (1986-2001) I would have proved my permanent residence, and so no longer need to prove I am exercising my treaty rights?

[EUsmileWEallsmile]

Thank you.

So for instance in my husband's EEA2 application, if I were to include evidence that my father was working during the time I was still dependent on him (1986-2001) I would have proved my permanent residence, and so no longer need to prove I am exercising my treaty rights?

In principle, yes. To counter anyone questioning whether you were out of the UK for more than two years since 2001, it might be a good idea to include a covering letter outlining what you did since 2001 (studies, work, travel) and make a statement in it that you were not absent for more than two consecutive years.

[haringnl83]

Thank you!

[Jambo]

You long residence in the UK as a Dutch national may or may not have qualified you for PR. It depends on what you did. If you simply lived in the UK, then it would not. If you worked for 5-years, it will. If you were the dependent child of an EEA national who worked for five-years, you would also have qualified. I'm just giving you some examples, there are plenty other mechanisms for you to have qualified.

If achieved, you will not have lost PR unless absent from the UK for more than two years.

Different rules have been in place before 2006 (and 2000) so it depends. But unless you are after a BC now or had a child born in the UK, there isn't much difference which periods you cover in the application. If you worked the whole 5 years between 2005-2010, then probably the simplest application would be to provide the P60 to cover those years. You can make your EEA3 (PR confirmation) together with your husband EEA2 application (Residence Card).

[EUsmileWEallsmile]

You long residence in the UK as a Dutch national may or may not have qualified you for PR. It depends on what you did. If you simply lived in the UK, then it would not. If you worked for 5-years, it will. If you were the dependent child of an EEA national who worked for five-years, you would also have qualified. I'm just giving you some examples, there are plenty other mechanisms for you to have qualified.

If achieved, you will not have lost PR unless absent from the UK for more than two years.

Different rules have been in place before 2006 (and 2000) so it depends. But unless you are after a BC now or had a child born in the UK, there isn't much difference which periods you cover in the application. If you worked the whole 5 years between 2005-2010, then probably the simplest application would be to provide the P60 to cover those years. You can make your EEA3 (PR confirmation) together with your husband EEA2 application (Residence Card).

Time spent prior to 2006 counts towards PR.

[EUsmileWEallsmile]

This was established by ECJ in Lassal.

http://www.bailii.org/eu/cases/EUECJ/2010/C16209.html

[Jambo]

Time spent prior to 2006 counts towards PR.

I know that. Just commented that there were different rules in the past. As she has been living for so long (25 years) most of them as a minor she might have been granted ILR before the 2006 regulations came in place but that depends. In any case, if it not crutial for her to show she obtained PR earlier in life, she should use the period which is easiest for her to provide evidence for.

[EUsmileWEallsmile]

Time spent prior to 2006 counts towards PR.

I know that. Just commented that there were different rules in the past. As she has been living for so long (25 years) most of them as a minor she might have been granted ILR before the 2006 regulations came in place but that depends. In any case, if it not crutial for her to show she obtained PR earlier in life, she should use the period which is easiest for her to provide evidence for.

OK, but I understand that any PR application made now, would be considered under the 2006 regulations and its requirements.

[haringnl83]

Thank you everyone for your input.

I think the easiest thing for me would be to provide evidence of my father's employment when I was still I minor. Since 2001 I've had periods of study, periods of work (however never 5 years continuously) and periods of travel interspersed together and I'd worry it'd be considered quite messy, and anyway the paperwork involved would be more complicated.

Is ILR another term for permanent residence or a different thing altogether?

[Jambo]

ILR is another form of Permanent Residence when obtained under the UK immigration rules and not the European regulations (which came into force in 2006).

I mentioned that in case your parents have applied for a permanent residence in the past without you realising that. EU citizens never had to do so but they could. Worth checking with your parents / going through old passports before making a new application.

[yamcheka]

I need advice from you guys... pls follow my post's thread on this link

http://www.immigrationboards.com/viewto ... =98400[url]

i am now soliciting ideas for my application. thank you. [/url]

[haringnl83]

We sent the permanent residence and resident card applications March 20th, and this morning we received all our documents back with a letter saying that "the submitted documents are insufficient to establish that you have acquired the right of permanent residence under the 2006 Regulations or its predecessors." The reason given is that my father is now retired and living in Turkey thus he can not be considered as my sponsor as he is no longer Exercising Treaty Rights in the UK.

This has left me very worried and I don't know whether I can appeal this. Would it be better to make a new application, saying I am now exercising my treaty rights as a job seeker and provide letters of job applications I have made?

[haringnl83]

Also, please see my previous post here in regard to claiming benefits: http://www.immigrationboards.com/viewto ... highlight=

If I am no longer applying for permanent residence (but instead provide evidence of being a jobseeker), would my applying for benefits hurt my husband's and daughter's EEA2 applications?