EEA FP - Family Permit - planned travel date to UK

[jbminger]

Hello,

I will be applying for a UK family permit in the near future. My planned date of arrival to the UK is somewhere around the end of May or early June of 2014.

As one cannot apply for the FP before 3 months of the expected date of travel, I would like to know if there is any reason why I would not want to apply sooner for the FP and simply advance the planned date of travel I list on the application; since the FP is valid for 6months.

ie, is there any reason not to state on my application that my planned date of travel is March 1st, 2014. I could then apply on December 1st 2013 and then the FP would be valid from March 1st, 2014 to August 1st 2014.

The reason I think the above is a good idea, is so that I can make travel arrangements (from USA) sooner and also to ensure my passport is back in my possession at my actual (June 1st-ish, 2014) date of travel. Also, encase the FP is denied, I would have time to appeal before this date.

Thanks for you advice.

[Jambo]

1) EEA FP can be applied 6 months before travel (see (2) in EUN2.4).

2) If you are a US citizen (and married to EEA national), why to bother with EEA FP? See Q1 in EEA FAQs - Common Questions - Read before posting - EEA Family Permit.

[jbminger]

1) EEA FP can be applied 6 months before travel (see (2) in EUN2.4).

2) If you are a US citizen (and married to EEA national), why to bother with EEA FP? See Q1 in EEA FAQs - Common Questions - Read before posting - EEA Family Permit.

1) Thanks for replying, I appreciate your input. Let me start by saying I do not think you are wrong, but I do disagree with your interpretation that the FP can be applied 6 months before travel as you state above. To me, that the link above to part (2) of EUN2.4 states that; as the EEA FP is valid for 6 months, the ECO should be satisfied that the applicant intends to travel within those 6months.

Is there anyone you know of who has applied for an EEA FP 6 months before the planned date of travel? It clearly states on the UKBA site that 'visas' cannot be applied for more than 3 months before the planned date of travel, and if you do that the fee will not be refunded.

2) Also, I realise that a EEA FP is not required in my case, a US citizen married to an EEA national, I would still prefer to have it. I think the benefits outweigh the hassle of applying for it.

[Jambo]

1) I fail to see the difference between our interpretation. Surely if the ECO needs to be satisfied that the applicant would travel within the 6 months, one can apply for it upto 6 months before travel.

The main question is would the ECO take into account your travel dates or would he just issue the FP from the date of application which is what they do in most cases. Postponing the start date is at discretion and as the FP is valid for 6 months and is just an entry clearance, in most cases they would just ignore your travel dates even if they are 3 months ahead.

2) if you are planning to spend half of the FP duration outside the UK, I really don't see what are the benefits compared to a 6 months stamp from date of entry given at the border.

[EUsmileWEallsmile]

I'd understood that it could be post-dated by up to three months and then valid for another six. This is not a definitive answer, but one that I believe to be the case.

[jbminger]

I'd understood that it could be post-dated by up to three months and then valid for another six. This is not a definitive answer, but one that I believe to be the case.

That is my understanding too. Let's presume that you are correct for the sake of my original question. While I understand that an EEA FP is not required in my situation and that I may present myself at the border to get the '1A' entry stamp as jambo noted, I would prefer to have the EEA FP, for ease of securing work, and ease of mind, knowing I don't have to "fight" my case at the border. Also, I will most likely land in Dublin, and continue onward to N. Ireland via ground, so I wouldn't be entering the UK through a UK port anyhow.

So, with that said:

1) is there any reason not to state on my application that my planned date of travel is March 1st, 2014. I could then apply on December 1st 2013 and then the FP would be valid from March 1st, 2014 to August 1st 2014, with a planned arrival of end May, early June. Do I really want or need the EEA FP to be valid for 6months after my arrival in the UK?

Also, does the fact I would be arriving into Dublin cause any issues?

thank for you input.

[EUsmileWEallsmile]

If one were a visa national, a valid EEA family permit would be very useful if one wished to travel in and out of the UK, etc. That said, advise to any third country national family member would be to apply for a residence card as soon as practicable. For that one needs to send passport away.

Entering via Ireland will not be a problem for a non-visa national, you would be unlikely to get a code 1 in this instance.

You may find a family permit less useful than you think in terms of securing employment.

[jbminger]

So as a non-visa national, the FP could expire while I am in the UK with no consequence? as I could still travel into and out of the UK w/o it? and I would just want to apply for a residence card as soon as possible?

And why do you think a family permit isnt all that useful in terms of securing employment? The FP does give me the right to work in the UK, does it not?

Thanks

[EUsmileWEallsmile]

Documentation does not give you the right to employment (though it will make life easier), rights to employment flow directly by law.