can a visitor visa replace an EEA family permit

tulipwelyasmina · Post by **tulipwelyasmina** » Sat May 11, 2013 2:07 pm

hey guys i heard that you can You're allowed to enter as a visitor and then apply for the EEA 2 Residence Card... is this true? and does it apply for everyone or only the nationals of certain countries?

plz this is urgent prompt feedback would be extremely appreciated

thank you

Post by **Lucapooka** » Sat May 11, 2013 2:11 pm

Yes, it's true if you are or become the dependant of an EU national who is exercising treaty rights in the UK. Obviously there is no restriction on the nationality of the dependant applicant.

tulipwelyasmina · Post by **tulipwelyasmina** » Sat May 11, 2013 2:24 pm

thank you for answering, my husband is an EU national working in the uk. I'm thinking may be it s better i should ruther apply for the a visitor visa ruther than an eea fp, what do you think?

Post by **Lucapooka** » Sat May 11, 2013 2:27 pm

If you don't need to apply for a visit visa before you travel (certain nationalities only) then it would be okay. However, if you do need to apply for a visa before you travel, it would be more appropriate (and free of charge) to apply for an EEA Family Permit. It's unlikely they will issue a UK visit visa to you as it will not be clear from your situation that you would be willing to leave the UK rather than remain (as you are entitled).

tulipwelyasmina · Post by **tulipwelyasmina** » Sat May 11, 2013 2:34 pm

so you advise me to go on with the eea family permit.

i m a little stressed about that ... i m stuck with the sponsorship letter and i have like a 200 skype history i dont know if i should include the whole packet with the application. what do you think?

should i include a letter about the history of our relationship?

Post by **Lucapooka** » Sat May 11, 2013 2:37 pm

The EEA Family permit is a simple and straightforward application. It's much easier and certainly less onerous than a visit visa application.

tulipwelyasmina · Post by **tulipwelyasmina** » Sat May 11, 2013 4:47 pm

thanks luca ki really do appreciate the help

tulipwelyasmina · Post by **tulipwelyasmina** » Sat May 11, 2013 4:58 pm

i have another question on the sponsorship letter for the british spouse visa they referred to Immigration rules, Paragraphs 277 - 289

as i m applying for an eea fp to what rules i should refer?

Post by **Obie** » Sat May 11, 2013 5:51 pm

what is the nationality of the proposed sponsor? what is your relationship with the proposed sponsor?

I am not sure an application is bound to fail because a dependant entered with a visitors visa.

Post by **Lucapooka** » Sat May 11, 2013 6:00 pm

Obie wrote:I am not sure an application is bound to fail because a dependant entered with a visitors visa.

Where are you getting that from in this discussion? I can't see it! We have been discussing the refusal of a UK visit visa application under UK rules, made outside the UK, on the basis that (as per para 41(II)) the applicant does not intend to leave the UK after the visit. There has been no discussion with regard to entering the UK with a UK visit visa and a subsequent application under EU rules being refused.

Post by **Obie** » Sat May 11, 2013 6:11 pm

Perhap it may help if you read my reply in the context of the OP's original question.

Without justifying the contents of my post, i believe my reply was aimed at clarifying any doubts he may have in regards to her first question.

That states noting about UK entry clearance requirement. My attention is firmly forcused on the EU law aspect of the OP's question. If i felt it was in regards to UK immigration law, i would not have hesitated to remove it to a more appropriate forum.

I have asked OP some few question, one of which i have been able to deduce the answer for. With all due respect, it may help if she is permitted to answer them the outstanding application, as i am having difficulty establishing some fact.

tulipwelyasmina · Post by **tulipwelyasmina** » Sat May 11, 2013 6:59 pm

Obie wrote:what is the nationality of the proposed sponsor? what is your relationship with the proposed sponsor?

I am not sure an application is bound to fail because a dependant entered with a visitors visa.

he is my husband, he s irish

i didnt apply yet i m trying to use the easiest route, so i m asking is it easier to apply for eea fp then rc or visitor visa than rc

what do you think?

tulipwelyasmina · Post by **tulipwelyasmina** » Sat May 11, 2013 7:15 pm

dear obie and luca thank you both so much for considering my questions
with such professionalism.

i haven't seen my husband for 5 months as his holydays are over and can't take any more so i m looking for the best way to join him and stay together.

i m desperate for help and intending to apply at the end of this week.

i have the copy of his passport stamped
job contract and pay slip ( per week is that ok? or does it have to be per month) letter from the general manager confirming he s working there.
renting agreement
p60
bank statement and transactions.

my photographs
my previous passport copy ( as the original is withhold by the authorities when renewed)

proofs of our relationship would be
marriage certificate
skype history ( we have like 200 pages is that too much?)
emails phonebills plane tickets when he was visiting me
photos of us together in some occasions
marriage ceremony photos too

is that a good file or am i forgetting anything?

i m stuck with the letter declaring that i ll be joining him. can't you please give me a sample and to what immigration rules i should refer ?

Post by **EUsmileWEallsmile** » Sat May 11, 2013 7:43 pm

Applying for an EEA family permit ought to be very straightforward. In your case;

Proof of EU's nationality (passport copy).
Proof that they are exercising treaty rights (worker - letter from employer).
Proof of family relationship (eg marriage cert).
Your passport.
Letter from EU national stating that you will be joining them.

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can a visitor visa replace an EEA family permit

can a visitor visa replace an EEA family permit