EEA Family Permit

wenaa · Post by **wenaa** » Fri Jul 12, 2013 7:33 am

I'm a non-visa national (Malaysian) and are married to EEA national (German) who is living now in UK. I'm planning to seek to enter UK as a family member of EEA national once I board at the Heathrow Airport with my passport. But if I do so, I will only get a 6 months stamp Code 1A. This means I only able to stay there for 6 months. But I’m intend to join my husband permanently(long term) who is now living and working in UK. What should I do?

Post by **Lucapooka** » Fri Jul 12, 2013 9:28 am

After entering the UK you can apply for a residence card, but even that is not a mandatory measure.

wenaa · Post by **wenaa** » Fri Jul 12, 2013 10:40 am

Sorry, Just would like to clarify. Do U mean I can stay longer in UK with the EEA permit even though the stamping is only for 6 months?

Post by **Lucapooka** » Fri Jul 12, 2013 10:50 am

Yes, the EEA permit is only an entry clearance to actually enter the UK. If your partner remains in the UK and is exercising treaty rights you can stay for as long as you wish beyond that initial 6 months entry period. You rights are guaranteed in this respect. When you are inside the UK you can, if you wish, apply for EEA2 to confirm your permission to remain in the UK for up to five years.

wenaa · Post by **wenaa** » Fri Jul 12, 2013 11:26 am

Hi,
Thanks for your prompt reply. I appreciate that very much.

wenaa · Post by **wenaa** » Tue Aug 13, 2013 3:43 pm

I really need 1 more advice from you. I’m actually planning to travel to UK in mid of December with my husband (because he is coming to Malaysia in December). He’s actually a bit worried to bring me to UK without the EEA family permit, in case they didn’t allow me to enter UK or ask us why we didn’t apply the EEA FP before boarding. I’ve read the documents that need to be submitted at the border, but do I need to fill up the EEA application form and attend some interviews at the airport immigration office?

Post by **Lucapooka** » Tue Aug 13, 2013 5:39 pm

It's your decision. If you are traveling with your partner you don't need to apply for an EEA Permit. However, if you are concerned you may choose to apply for one beforehand. The application is free and quick.

wenaa · Post by **wenaa** » Fri Aug 16, 2013 6:52 am

Thank You

Post by **EUsmileWEallsmile** » Fri Aug 16, 2013 1:28 pm

You may find this post useful.

http://www.immigrationboards.com/viewtopic.php?t=114867

Post by **Directive/2004/38/EC** » Sat Aug 17, 2013 3:16 am

You can either travel with your husband or travel separately. I assume he is working in the UK?

You do not require a visa of any sort. And do not require an EEA Family Permit. See https://dl.dropboxusercontent.com/u/278 ... reeEEA.pdf

If you are travelling with your husband, then you should always consider carrying your marriage certificate. You have a right to enter, and the marriage certificate is key to proving you are married. See http://eumovement.wordpress.com/2010/08 ... to-travel/

wenaa · Post by **wenaa** » Sat Aug 17, 2013 5:46 am

Hi Thank you so much for your replies. Yes my husband is working in UK.
Actually what happen was....,
I came with my husband to London last year Nov. But at that time we actually didn’t do any survey on the visa application for EEA family member and I just came as a tourist. I didn't inform the immigration officer that I came with my husband. I just told them, I came for a visit. I stayed longer than what actually I told the officer but I didn't exceed the six months entry visa. I travel to Germany by land (Calais) and they did not ask me anything but when I were to enter back to UK they hold me.
Unfortunately I didn't have my marriage cert in my hand and the officer advises me to go to the UK embassy in France to apply for the EEA family permit to enter UK again.
But we didn't do so, I get my Marriage cert and came again to Calais to enter to UK. The officer at UK boarder control asks me to show my return ticket to Malaysia. She said what we have done is wrong and we must get the EEA family permit before enter UK. At last they allow me to enter UK after a lot of inquiries.

wenaa · Post by **wenaa** » Sat Aug 17, 2013 5:48 am

1 more question, is it necessary to change my surname in my passport so that it will be much easier to get the EEA Family Permit?

Post by **vinny** » Sat Aug 17, 2013 5:56 am

Admission is possible under 11(4).

I don't think you need to change your surname, unless it's a legal requirement of marriage in your countries.

Post by **Directive/2004/38/EC** » Sat Aug 17, 2013 10:31 am

(1) Neither you nor your husband is required to change your name because you have married.

(2) You are married to an EU citizen. Your rights come directly from that relationship. There is no discretion for UKBA to prevent you from entering the UK, assuming you have proof of the marriage (marriage certificate!) and the EU citizen is working and so legally in the UK.

(3) The officer is wrong to ask for a return ticket to anywhere. If they do that again, ask for their name and then ask for them to call their supervisor. Complain!

wenaa · Post by **wenaa** » Sun Aug 18, 2013 6:57 am

Hi,
Thank you for all the replies guys.

wenaa · Post by **wenaa** » Thu Dec 19, 2013 8:53 am

Hi, at last I’m in UK now. I did not apply for EEA family permit earlier before I come to UK. The immigration officer did asked why I did not apply the EEA FP before board a plane to UK. My husband said that we can actually get it with the stamping code A1 at the uk boarder in airport.(maybe my husband is wrong in the way that saying we can get EEA FP at the airport). She asked us who advise us to do so. We just said it’s a forum website. Sorry I was so nervous and I don't whether I can mention your website or not. The officer holds us for enquiry and she said there will be an officer interview me not my husband. So we waited there until she called us. But she did not asked any of the required documents such as marriage cert,payslip,,,.... She only holds both our passports. After 20 mins, she came back with my passport with a stamping (leave to enter for six months, no recourse to public funds). She said I must apply for the EEA FP while I’m in UK.

Post by **Lucapooka** » Thu Dec 19, 2013 9:41 am

wenaa wrote: She said I must apply for the EEA FP while I’m in UK.

It's not possible to do that as the EEA FP is only emitted outside the UK for the purpose of entering the UK. The officer should have been aware of that fact. I don't know if you misheard or if the officer you spoke to is not competent (I strongly suspect the latter).

What you must (although not actually a mandatory measure) do now is apply for a residence card using application EEA2. This is valid for five years and is completely different to the EEA FP.

http://www.ukba.homeoffice.gov.uk/eucit ... /applying/

wenaa · Post by **wenaa** » Thu Dec 19, 2013 10:09 am

Sorry. She actually said Visa.

Post by **Lucapooka** » Thu Dec 19, 2013 10:26 am

Maybe she meant for next time you enter, but even then she would still be wrong. Just ignore what you were told and apply for EEA2 as per the link in my last thread. You will need to provide evidence of your partner's work (or whatever treaty right he is exercising) to qualify for this.

wenaa · Post by **wenaa** » Thu Dec 19, 2013 12:09 pm

Yes, I'm working on it now. Hope everything will be fine. Thank you for your advice and guidance.

Post by **Directive/2004/38/EC** » Thu Dec 19, 2013 8:59 pm

It is not this forum who says that you can enter the UK without the EEA Family Permit. It is British law!

See http://eumovement.wordpress.com/2010/08 ... to-travel/ for extracts from the law and from British procedure.

Welcome to the UK.

wenaa · Post by **wenaa** » Thu May 08, 2014 2:30 pm

Hi Everyone,

At last, I've got my Residence Card yesterday. Thanks a lot Guys.. Without your guidance, this could have take ages. I applied for the RC in middle of March and got it within 2 months period. Even though my husband is EEA National, but he has no idea on go about to apply for my Visa b’coz of his assumption that the application terms are same for all national. Anyway thanks to all of you and you guys are really doing a great job.

chaoclive · Post by **chaoclive** » Thu May 08, 2014 4:16 pm

Well done. Enjoy your time in the UK

wenaa · Post by **wenaa** » Fri May 15, 2015 1:24 pm

Hi,
I need your guide again. I'm back again in Malaysia for my first delivery. NExt month my baby and me will go back to UK. But I haven't apply EEA permit for my baby. I Want to apply it once we are back in UK. Can I do so?
please advise.

Thanks

wenaa · Post by **wenaa** » Thu May 21, 2015 7:21 am

wenaa wrote:Hi,
I need your guide again. I'm back again in Malaysia for my first delivery. NExt month my baby and me will go back to UK. But I haven't apply EEA permit for my baby. I Want to apply it once we are back in UK. Can I do so?
please advise.

Thanks

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EEA Family Permit