Family Permit

1Minnow · Post by **1Minnow** » Wed Jan 10, 2007 10:11 am

I am Canadian and my wife is Spanish. We met in the UK and have lived there together since we met. I currently have a Work Permit. Can we apply to get a Family Permit while we are away in Spain? I know that the application needs to be made from outside the UK. When I check the BritishConsulate page in madrid, they say that in order to grant it, we need to prove that I am a Spanish resident (which I'm not). Help!

Post by **John** » Wed Jan 10, 2007 5:07 pm

I know that the application needs to be made from outside the UK.

Why? The source of that?

And before you change from the WP track to the EEA one, can you give some detail about your UK immigration history? For example, how long have you already been working in the UK?

smalldog · Post by **smalldog** » Thu Jan 11, 2007 5:16 am

Family permits are only issued outside the UK. However, what you need to apply for is not a family permit but a residence card using form EEA2 -- see this site:

http://www.ind.homeoffice.gov.uk/applyi ... tionforms/

1Minnow · Post by **1Minnow** » Fri Jan 12, 2007 12:25 am

I've been in the UK for almost five years. Two years on a Working Holiday Maker and almost three years on a Work Visa. According to what I've heard, I've got another two years to go before I can apply for IDLR. I can't hack my job for that much longer. I'm not planning on leaving the Uk anytime soon, the only thing that I would like like is to have the ablility to move out of the catering industry.

And BTW, I've called the British Embassy in Spain and they reffered me to a 0900 number based in England. The agency on this number informed me that obtaining a Family Permit was not possible because we have only lived together in the UK, and we do not jointly hold any form of residence card/permit for any country other than the UK, thereby making it impossible to have a Foriegn Office validate our status.

This is a really annoying situation because the only right that I really care about is the right to change jobs within the UK, and it seems that this process is going to take a further six months (with an EEA2 application).

Any advice that you can offer would be most appreciated John,

Thanks,
Casey

Post by **John** » Fri Jan 12, 2007 7:04 am

Casey, it is correct, an EEA Family Permit cannot be applied for in the UK. However as already mentioned in this topic, there is nothing to stop you applying for a Residence Card in the UK using form EEA2.

BUT .... do appreciate that if you switch to the EEA/EU track your 5-year clock will be reset. That is, your year count will move from 3 years to zero years.

Any chance of you getting a Work Permit with another UK company? What sort of work do you do?

1Minnow · Post by **1Minnow** » Fri Jan 12, 2007 9:59 am

When I lived in Canada, I was in IT. When I moved to the UK (initially for a couple of months of holiday), I went into restaurants. My current work permit allows me to manage a restaurant. I would really like the chance to get back into computers, using some of my management experience.

In terms of the "5 year reset", I don't think that this would be a problem for me. What I would like is the flexibility to change jobs at my own discression and have the option of being promoted or latterally shifting within a company without having to notify the home office or ask their permission. If the only downside to an addtional 5 years is that 5 > 2, then I'm ok with that.

In terms of the EEA2 application, I've heard that I can begin applying for new jobs as soon as the home office "confrimation of receipt of appliction" letter comes (which I hear is within a month). Is this true? Can I start working on the basis of this document? What happens if the application is then rejected (as I've seen happens on this site), do I have to give up my new job?

Sorry for all of the questions. It's difficult to find anyone who is willing to freely give information, and websites can only answer so much. Thanks again.

Casey

Post by **John** » Fri Jan 12, 2007 10:06 am

Casey, before you make an application on form EEA2, can we establish in what way your Spanish wife is exercising her Treaty Rights in the UK? What is she doing? Is she employed? Is she a student? Or what is she doing?

I ask this because she needs to be exercising her Treaty Rights in the UK in order to enable you to use those same Treaty Rights as her family member.

After establishing that I shall answer your questions above.

1Minnow · Post by **1Minnow** » Fri Jan 12, 2007 11:26 am

She has been living and working in the UK for the past 3 years. She hasn't ever registered with either government (Spanish or UK) that she is living here. We have been together throughout most of that 3 year period.

Post by **John** » Fri Jan 12, 2007 12:02 pm

That's fine ... being employed in the UK .... she is exercising her Treaty Rights to be employed!

And given that you use the expression "my wife is Spanish" it sounds like the two of you are married. Accordingly you are a Family Member of an EU Citizen, and indeed you do have EU Treaty Rights. But it is a question of you proving that.

I would suggest that your wife applies for a Residence Permit to go into her Spanish passport .. she would use form EEA1 to get that .... and at the same time you apply for a Residence Card .. using form EEA2 to apply. Both forms can be downloaded from near the bottom of this IND webpage. Both applications should be posted together, in the same envelope.

The letter from IND confirming receipt of the application gives you the right to work for anyone? Well you have your Treaty Rights and it could be argued that you can work for anyone. However the practical problem is that you might have a problem convincing potential employers that they can employ you legally.

And be warned, IND is currently looking at EEA2 applications made in August 2006! So do not expect a fast service. Under EU law they have 6 months to deal with the application, and could use most of that time period.

1Minnow · Post by **1Minnow** » Fri Jan 12, 2007 12:23 pm

Thank you very much for the info John. I'll be submitting my EEA2 (and her EEA1) as soon as possible. I'll post something back to let you know how things go (you know, in six months or so

. Thanks again.

Casey

Post by **JAJ** » Sat Jan 13, 2007 4:12 am

1Minnow wrote:She has been living and working in the UK for the past 3 years. She hasn't ever registered with either government (Spanish or UK) that she is living here. We have been together throughout most of that 3 year period.

Bear in mind that she will become a Permanent Resident after exercising Treaty rights for 5 years. At that point she should use form EEA3 to apply for evidence of her status.

Do either of you want to become British citizens in due course?

And have you any UK born children? or any children planned?

Immigrationboards.com: Immigration, work visa and work permit discussion board

Family Permit

Family Permit