How to bring my Canadian husband to the uk.

[illy4]

Hello everybody,

I just joined this forum now after someone suggested it to me. I've been trying to get my husband to come live with me in The Netherlands,but that country is just impossible.So now we want to do it trough the EU route and the UK to be specific. I'm hoping that I'll get some suggestions and help from you.
I'm a Dutch citizen and my husband is Canadian. We now reside in Canada. How can I make him stay with me in The UK? I'd prolly look for a job there but we also have some savings,so maybe having enough funds would be enough. I'm just confused as what kind of family permit I have to apply for him. And also,can we do this process from here in Canada?

Any advice and help would be much appriciated

[geriatrix]

Since your husband is not a visa national, he doesn't need to apply for EEA family permit to enter UK regulation 11.4) but may apply for a residence card if you exercise treaty rights in the UK (studying, working, self-sufficient).
However, if he so wishes (to apply for EEA family permit) he may do so using VAF5 form.

See also
EEA Nationals & their Dependents (general guidance).
EEA Nationals & Family Members
EEA Family permits

[illy4]

Thanks sushdmehta. So can he apply for the residence card while we are still here?. Or would I have to move to the uk first and then he'll join me later there. Cause I believe that Ive read it somewhere that once you enter the uk as a visiter then you cant change that status to apply for a permanent stay.

So to be more clear,if I want to excercise treaty rights and that is what we want,specially since its handy for possible return to The Netherlands,do I have to be in The Uk first,or can we go there traveling together but apply for the card from here.
Im sorry if its many questions,im still doing alot of reading so just bear with me.

Thanks so much

[EUsmileWEallsmile]

Thanks sushdmehta. So can he apply for the residence card while we are still here?. Or would I have to move to the uk first and then he'll join me later there.

Do so in the UK.

[EUsmileWEallsmile]

You may find this thread interesting.

http://www.immigrationboards.com/viewtopic.php?t=109477

[illy4]

You may find this thread interesting.

http://www.immigrationboards.com/viewtopic.php?t=109477

Thanks for respond. You said do so in the uk,do you know how long it takes for him to get his residence card then?
And the thread is very helpfull indeed. the ukba had way too many information on it at some point I got confused.
So just to be sure im understanding what i've read so far on that thread. I can bring him in when we travel together and then he would get the stamp for eea family member. But wouldnt they give us hard time since I wont have any proof of what I'll be doing in the UK?

[illy4]

I meant to as any proof of that I'll be exercising treaty rights.

And if he does get the 1A stamp,is he allowed to work while he'll be awaiting his residence card?

[Jambo]

Your future intentions in the UK are not relevant at this point. You have 3 months of unrestricted residence in which you are not required to exercise treaty rights.

See 2.4 What are the requirements for issuing an EEA family permit?. Although these are the instructions for the issue of the EEA Family Permit, it is the same requirements when you show up at the border.

Stamp Code 1A allows employment.

[illy4]

Thanks everyone for all the responses so far.
I still have few more questions. I'm bit confused about what the difference is between applying for a EEA family permit with the VAF5 form or applying the residence card.

I also cant find information about whether its possible for him to apply for a residence card while he is still in Canada. Or maybe its possible that I'll go ahead of him and apply for it if thats a condition for him to get it.

[Jambo]

EEA Family Permit is an entry clearance (similar to a visa) which is applied outside the UK. The application form is VAF5.

Residence Card is an application under EEA regulations which is applied inside the UK. The application form is EEA2.

[illy4]

EEA Family Permit is an entry clearance (similar to a visa) which is applied outside the UK. The application form is VAF5.

Residence Card is an application under EEA regulations which is applied inside the UK. The application form is EEA2.

Ahh thanks so much... now I understand. So lets say we went for te VAF5 application,even though its not necessary,what happens once he is in the UK? Does it have to be changed into something else in order for him to get a legal stay?

And also,maybe you could advice what would be easier and faster to get. Because right now we're assuming that doing an application outside is better for us,cause then he can keep working here and once he is granted all the documents then we would make the move.

Thankk u so much in advance

[Jambo]

I suggest you read the relevant pages in the HO website - Rights and Responsibilities and also the links that sushdmehta posted earlier. It will give you a better understanding of EEA regulations.

Under EEA regulations, legal status is derived by the actions of the EEA national and not by permission from the HO. The HO just confirms those rights. They don't confer them.

If you are exercising treaty rights (for example by working), your husband will be legal in the UK. Applying for EEA Family Permit or RC is optional but is advisable to convince employers of his status in the UK.

You can apply for EEA Family Permit which is valid for 6 months or just pop on a plane and show up in the UK (as your husband doesn't need a visa to board a flight).

Once in the UK, he can choose to apply for a 5 years Residence Card. He can apply whenever he wishes as long as he can demonstrate you are exercising treaty rights.

EEA Family Permit from Canada would normally not take long to get (2-3 weeks) but will require you to book an appointment and to go to the British diplomatic post (probably not too bad if you live in Toronto). The EEA Family Permit is valid for 6 months.

Without a EEA Family Permit, your husband will get at the border a stamp in his passport for 6 months that allows him to work but this might look "less official" than a full page visa.

In any case, as soon as he wishes, he can apply for a RC. A few weeks after applying he should get a letter confirming his application and stating his eligibility to work. After a few more months (the UK authorities are quite slow in processing the applications) he will get a 5 years Residence Card.

To be honest, I don't see any advantage of applying for EEA Family Permit in your case.

[illy4]

I suggest you read the relevant pages in the HO website - Rights and Responsibilities and also the links that sushdmehta posted earlier. It will give you a better understanding of EEA regulations.

Under EEA regulations, legal status is derived by the actions of the EEA national and not by permission from the HO. The HO just confirms those rights. They don't confer them.

If you are exercising treaty rights (for example by working), your husband will be legal in the UK. Applying for EEA Family Permit or RC is optional but is advisable to convince employers of his status in the UK.

You can apply for EEA Family Permit which is valid for 6 months or just pop on a plane and show up in the UK (as your husband doesn't need a visa to board a flight).

Once in the UK, he can choose to apply for a 5 years Residence Card. He can apply whenever he wishes as long as he can demonstrate you are exercising treaty rights.

EEA Family Permit from Canada would normally not take long to get (2-3 weeks) but will require you to book an appointment and to go to the British diplomatic post (probably not too bad if you live in Toronto). The EEA Family Permit is valid for 6 months.

Without a EEA Family Permit, your husband will get at the border a stamp in his passport for 6 months that allows him to work but this might look "less official" than a full page visa.

In any case, as soon as he wishes, he can apply for a RC. A few weeks after applying he should get a letter confirming his application and stating his eligibility to work. After a few more months (the UK authorities are quite slow in processing the applications) he will get a 5 years Residence Card.

To be honest, I don't see any advantage of applying for EEA Family Permit in your case.

I see. So it doesnt mean that he'll be getting his residence card sooner through applying for a EEA family Permit.
I guess there is no advantage in that case then.

As far as the Residence Card,how long can a 'few' months take? and I read that you have to send your passport for this,does this mean he'll be without it the whole time he's waiting to get his RC

[Jambo]

Legally, the HO needs to issue the RC within 6 months and it seems they are taking a much of that as they can (mainly due to backlog/being understaffed I believe). There are dedicated threads in the forum for timescales. You can check them for a better estimate.

However, you can ask for your passports (you need to send yours and your husbands) back at any time and it will not affect his application. I advise to do that after you receive the CoA (Certificate of Application) which is normally received a few weeks after applying.

[canuckUK]

Here's one thread with a lot of example of processing time:
http://www.immigrationboards.com/viewtopic.php?t=52881