Has EEA FP changed???

[Lisamra]

Hi there, I posted yesterday and got one reply which was helpful but I need more personal replies if I may...

I am British with British passport and my husband is Venezuelan with a biometric Venezuelan passport.
We live in Tenerife, Spain. Me for 5.5yrs and him for 16 years.

We have made the decision to move back home (in my case) as we want to be close to my parents as I have a very sick mother and to work.
I plan to become self employed straight away...

Anyway... my questions are...

1- We can not seem to find an online application form. It sais to download a paper form and then either send this with the supporting docs to Liverpool or to make an appointment in Croydon, UK.
I was lead to believe that we would need to go to the embassy in Madrid to do this step and then once in the UK then apply for the EEA2 by paper form.
Please advise.

2- If Elio and I do need to go to Croyden to do this step, do we do that then return to Tenerife for the reply and then once we have the answer we can then move indefinitely?

3- Can we actually move to the UK and as soon as we get there we apply for both the EEA and EEA2?

4- What happens if the application is refused... do we have to move back immediately to Tenerife?
Or would we have time to appeal which obviously we would do as surely it is my human right to have my husband living with me in my own country??

Sorry for the questions but it has all really thrown both of us as we have friends here who did the exact same thing and they went to Madrid and did everything online where I can not find that so this is why I am asking if things have changed?
Ideally, we would like to get to the UK permantely from November this year.
We have been thinking to move for the past year and a half or so.

Many thanks for reading and I really hope you can offer some advice.
Lisa.

[Lisamra]

Basically, I am asking for someone to spell things out to me lol.
blonde.com

[fysicus]

The important thing is first of all: are you currently working in Spain? If not then you cannot use the EEA route
If yes, then you can come back to UK with your husband under the EEA Regulations.

As a Venezolan national your husband needs a visa to enter UK. Whether it will be an EEA FP or another type of visa, in any case you need to apply for it in person in Madrid because of the biometric requirements. Perhaps your husband currently holds a long-term UK visa (for family visits etc). If it is still valid at the time of travel, don't bother about EEA FP.
Once in UK your husband needs to apply for a Residence Card (EEA2). This can only be done by post. After an EEA FP has been granted, I can not see any reason why a Residence Card could be refused.

[eldane]

my husband is Venezuelan with a biometric Venezuelan passport.

As a Venezolan national your husband needs a visa to enter UK.

I don't think so fysicus.....
Venezuela (unless they hold a Venezuelan passport which contains biometric information held in an electronic chip)
http://www.ukba.homeoffice.gov.uk/visas ... eral/visa/

[fysicus]

Sorry, you are right indeed.

I used the "Do you need a visa" page, and there I got as answer that Venezuelans are visa nationals, with no mention about the exemption for biometric passports.

[EUsmileWEallsmile]

If you have worked in Spain, then you may be able to use the EU route. If so, you could apply for a residence card once in the UK. If you qualify for this, it would be granted whether a visa were held or not.

The UK would like your husband to have a visa (EEA family permit), but it means a trip to a VAC, which as you point out could be in Madrid.

[Lisamra]

Thank you for your replies.

My husband can enter the UK as he has the biometric passport so he can be a 'visitor' for up to 6 months.

My confusion is that we want to apply for the EEA1 family member permit but I can not find a way to do this by filling out an online form and then the next section to make an appointment online to go to Madrid.
All I am seeing is that there is a paper form which we need to fill out to then either send to Liverpool or to make an appointment to bring the documents etc by hand in Croyden... this is what has stumped me!!

How can we make an appointment in Madrid if I am not seeing that as an option on the website??

Many thanks

[Lisamra]

Sorry, I also forgot to mention that I am paying into the Spanish system here.
I am a nanny and have a babysitter contract but that has only been the past 4 months.
Is there a limit on how long you should be paying into the system for before you can apply?

[Jambo]

Thank you for your replies.

My husband can enter the UK as he has the biometric passport so he can be a 'visitor' for up to 6 months.

My confusion is that we want to apply for the EEA1 family member permit but I can not find a way to do this by filling out an online form and then the next section to make an appointment online to go to Madrid.
All I am seeing is that there is a paper form which we need to fill out to then either send to Liverpool or to make an appointment to bring the documents etc by hand in Croyden... this is what has stumped me!!

How can we make an appointment in Madrid if I am not seeing that as an option on the website??

Many thanks

I suspect this is because you are using the wrong term and looking at the wrong website.

EEA1 is not for your husband. It's for non UK EU nationals living in the UK.
What he can apply for from Spain is a EEA Family Permit and the website to fill in the form and book an appointment is Visa4UK.

As said, applying for EEA Family Permit is optional but in cases of UK return citizens it might be worth doing just to make sure you got all the required Spanish documents while you are still in Spain. Getting them later from the UK might not be so easy.

[Lisamra]

Thanks so much Jambo.
We have all the documents that we need already from here which is great.
We also have a specific document from the town hall that is needed here to prove that we live together and we have had this for the last 3 years or so so I am hoping that will look good.

Thanks again... let me see if we can finally get past this paper form part and actually do it online then making the embassy appointment in Madrid.

[Directive/2004/38/EC]

Sorry, I also forgot to mention that I am paying into the Spanish system here.
I am a nanny and have a babysitter contract but that has only been the past 4 months.
Is there a limit on how long you should be paying into the system for before you can apply?

Do you have evidence that you have been working in Spain? What work have you done in Spain since you arrived?

[Lisamra]

Hi there.
Yes, I have payslips. I am on a very poor wage but I have been paying into the system none the less so I hope that even though it does not mount to much it will still be acceptable?
my hubby has been supporting me really since being here, hence another reason to move.

Many of my clients who come on holiday and use me here have said that they will use my childcare in the UK too so that will be fab and when I become self employed I will be able to run things properly from there.

[Directive/2004/38/EC]

It does not matter how much you are being paid presently and it definitely does not matter how much you will be paid in the UK (or even that you will work). It also does not matter how much you have "paid into the system". Worth reading http://eumovement.wordpress.com/2011/12 ... -a-worker/ It is written about people, like you, and whether you are deemed to be working.

What matters is only that you have been working in Spain and that you have proof of it. Pay slips? Letters from your employers saying that they have been employing you?

[Pablito]

What I understand from your questions and also from advice given by EUsmile is that your husband could travel with you to UK and then apply for residence card EEA2 which indeed is in paper form. There is no application for residence card on-line, but only for visa(Family Permit).

Once you fill-out the application EEA2 you could send it with signed-for envelope and online tracking to be in possession of evidence that the documents were received.

If you don't have much time to apply for Family Permit, then you are entitled to apply straight for residence card (EEA2) from UK.


Here is the link for the application:

http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/

[Pablito]

Ah by the way interesting thing is that since your husband could also apply for FP when you both are at the border if you have your paper work with you. Either way since he is non-visa national he would need to be admitted.


If I got something wrong here, guys please correct me.

[Lisa Andrade]

Thank you.
So,this is the BIG question....
Should we apply and make the Madrid trip to do the era family member application or get to the UK and apply straight for the eea2?
Would Elio not need the era family member permit before applying for the eea2?
It is just knowing the best, easiest but most importantly, the RIGHT way to do all of this.

Many, many thanks to you all for your time and comments.
Lisa.

[Directive/2004/38/EC]

An EEA FP is pretty much optional, so long as you have solid evidence that you have worked in Spain. It is not required to have one before applying for a RC.

It is useful if your husband wants to immediately work in the UK. Otherwise he has to apply for a RC and wait for the COA to arrive.

[Pablito]

Since you said your mom is sick, I would make my way back and try to see if you can apply for visa at the border, they may question you, but mentioning your mom is probably good excuse and you may just be lucky to get FP at the border. If not, then still you could proceed with application for RC...

I am not sure if someone here can give you any guarantees or best ways, but as much as I can make from your case, time is of essence.

[Directive/2004/38/EC]

Husband is Venezuelan so no visa is needed.

[Pablito]

What I meant is that maybe she could still request for FP at the border I heard about someone non-visa national who actually got his FP at the border, this would perhaps reduce your worries that obtaining FP may determine your success possibility when applying for RC.

[Directive/2004/38/EC]

What I meant is that maybe she could still request for FP at the border I heard about someone non-visa national who actually got his FP at the border, this would perhaps reduce your worries that obtaining FP may determine your success possibility when applying for RC.

European law is very clear. The requirements for a RC do not include having a visa (or EEA FP).

[ukforever]

the family permit is not compulsory as stated here by Damien Green immigration minister:

https://dl.dropboxusercontent.com/u/278 ... reeEEA.pdf

[Lisa Andrade]

That sounds all very good but is it not a little risky to just try and get a fp at the boarder.
I can produce doctors letters etc explaining my mums conditions as she has copd, brittle bone disease, hietus hernia and rheumatoid arthritis plus a few other problems bit these are the main ones that are ongoing.

I just want to do everything the right way and not take any chances.

Elio and I have photos of when we fists got together and loads of stuff to prove that we areand have been together for over 5 years but the thought of boxing up our life over here to just move to the UK is a big step if he foes not have something already in his passport.

Does that make sense?

Sorry, I am just worried and confused about it all.

We are not planning to move back until November so do you not think we need the era cm permit in his passport before we do this?

[Jambo]

Your mother condition has no bearing on the immigration decision. The important documents you need to show are proof of employment for you, proof of residence in Spain for both of you (while you were working) and proof of marriage. All the rest is not needed.

He won't get Family Permit at the border but a 6 months entry stamp (called Code 1A) which serves the same purpose.

The right thing to do is to have the right documents to prove your case. You can either prove your case in Madrid or at the airport. It doesn't really matter (if you got the right documents). I would imagine that getting to Madrid for an appointment can be expensive and time consuming so you may wish to go directly to the UK.

[ukforever]

That sounds all very good but is it not a little risky to just try and get a fp at the boarder.
I can produce doctors letters etc explaining my mums conditions as she has copd, brittle bone disease, hietus hernia and rheumatoid arthritis plus a few other problems bit these are the main ones that are ongoing.

I just want to do everything the right way and not take any chances.

Elio and I have photos of when we fists got together and loads of stuff to prove that we areand have been together for over 5 years but the thought of boxing up our life over here to just move to the UK is a big step if he foes not have something already in his passport.

Does that make sense?

Sorry, I am just worried and confused about it all.

We are not planning to move back until November so do you not think we need the era cm permit in his passport before we do this?

its not risky at all,either ways u have the right to be admitted in the uk under eu laws,provided u have the necessary documents JAMBO mentioned,the family permit is not compulsory so even if u go to the borders straight away,either via plane or car,u have the right to seek admission and get the stamp code 1A valid for 6 month,its the same like the FP and serves the same purpose..the sickness of your mother could be taken as a reason why u did not apply for the FP and you are likely to be asked at the border why u did not apply for it,they have no right to ask u this kind of question anyway,but its still an answer to their question and they would back off i guess,if everything else is in order.