EEA vs Spousal visa

[Birdy]

Hey guys im having a little trouble the EEA family permit is free and for six months but the spousal visa is £500 and last for two years.

Would my wife have the same rights with both papers or is one "better" than the other?

Also the british consuls can issue a visa whilst you wait is this the same situation for the EEA permit?


Thanks in advance.

[Marco 72]

Actually the EEA Family Permit is valid for 5 years, after which the holders can automatically obtain ILR if they have been exercising treaty rights. The six months is just a formality. The holders of an EEAFP are supposed to apply for a residence permit as soon as they arrive in the UK. In my wife's case this took about 5 months to be granted. The residence permit is valid for 5 years.

[Birdy]

Thanks Macro Did you apply online or was your EEAF issued via a consul. We are up against the wal for time and this is a major deciding factor for us.

[Docterror]

Actually the EEA Family Permit is valid for 5 years

I am sorry, but the EEAFP per se is currently valid only for 6 months... no more!...reduced from the 12 months validity it used to be some time back. The family member can stay after the expiry of the EEAFP, but will have to apply for a new one if they want to re-enter the UK if they do not have a Residence Card.

[baskey]

Hi,

I am posting another question which related to yours and I need some clarification. With EEA family permit, whether the dependent can come to UK and start working and later apply for longer residence being in the UK.

Is it possible? Pls clarify.

Thanks.

[yankeegirl]

Also the british consuls can issue a visa whilst you wait is this the same situation for the EEA permit?

I had applied for my Family Permit at the consulate in New York. I was there for about 5 min, then was handed a card and told to come back in an hour for my passport. An hour later, and the FP was in my passport.

There are pros and cons to each. FP is free; initially good for six months but then apply for residence card which is good for 5 years. FP/residence card holder can apply for civil service jobs. Big con is it takes longer to apply for British citizenship.

UK spousal visa is good for 2 years then applicant is eligible for ILR. Con is that you have to take the life in the UK test before getting ILR. Can get citizenship quicker than under EU system. Another obvious con is the visa fees.

It just depends on your particular situation which would work better. In my circumstance, I was an overstayer and our finances were tight. The family permit worked better for us because all we basically had to prove was that my hubby was exercising treay rights and that we were in fact married. The process seemed less tedious that the spousal visa as far as proof goes, and it was free.

As far as "rights" go, they are pretty much the same. Can get a job, use NHS, etc on both. The only difference I have found (not sure why its so) is the spouse of an EU national here on a residence card is eligible to apply for civil service jobs, but an spouse here on a spousal visa cannot.

The other one is that on a spousal visa it clearly states no recourse to public funds. I have no such endorsement on my FP. I don't know if this means I can access public funds or if they just didnt put it on there. That may be another difference, but tbh I haven't really looked into it.

[Birdy]

Yankee girl,

Thank you so much that has answered all my questions.

[Birdy]

Hi,

I am posting another question which related to yours and I need some clarification. With EEA family permit, whether the dependent can come to UK and start working and later apply for longer residence being in the UK.

Is it possible? Pls clarify.

Thanks.

I think this page should give you some info

http://www.ukvisas.gov.uk/servlet/Front ... 5892134742