Longer EEA FP

[Taytay]

Hi,

So I'm reading on the EEA FP application website (https://www.gov.uk/family-permit) and it says that if I'm married to an EU citizen I can stay longer than 6 months. Does this mean I can get a longer EEA FP or does it mean I have to apply through EEA2 to stay longer? As of now, we plan to stay in the UK for 2 years. If they offer EEA FP for 2 years then I would like to just go that route.

Thanks

[jove]

You can only stay longer than 6 months in the UK if your EEA family member is exercising his treaty rights by working, being a jobseeker, self-employed, studying, self-sufficient or have a permanent right of residence.

The rules for non-EEA family members of EEA nationals in the UK are less stringent than for UK citizens so you should at least try to play by the rules.

The correct route is to apply for an EEA family permit before you enter the UK. This is good for 6 months and allows for multiple entries. After you've entered the UK, apply for a residence card (EEA2), which is valid for 5 years.

You could rely on just the family permit, but after 6 months, if you leave the UK you should apply for another family permit before returning.

[Taytay]

Thanks for the reply.

Here is my tentative plan: I'm currently living in the UK on a student visa which is valid until February 2015. I live with my Swedish girlfriend (4 year relationship) in London. We are flying to Sweden in October to get married but will return because she is working and studying in London. We will return to the UK a day or two after getting married and I will present my passport and marraige certificate. From my understanding, I should be admitted into the country with a 6 month stamp. Once inside the country I will apply for EEA2. Does this sound alright to everyone? Will I encounter any problems because it is such a quick turn around and that might look like immigration fraud? Should I bring pictures or other documents when travelling to show proof of our legit relationship before marriage?

Next question (with regards to after being admitted back into the UK): I plan to fly home (USA) for Christmas. I understand that sometimes EEA2 takes up to 6 months to process. I believe I saw somewhere that you can ask for your passport and wedding certificate back from your EEA2 application (while it's being processed) and then apply for an EEA FP which allows me to move in and out of the country for 6 months and that this will not affect your EEA2 application. Is this all possible? Do EEA FP applications take less time to process than EEA2 applications? Can you apply for EEA FP while in the UK already?

Thanks for your input

[Jambo]

You might want to enter using your student visa. It doesn't really affect your status as a family member of EEA national (once married) is obtained automatically. The EEA2 is just a formal confirmation of the status by the HO. Carry your marriage certificate with you together with a copy of your partner passport (if not traveling together). If the IO keep on asking questions, just pull out the evidence and ask to be admitted as a family member of EEA national.

As a US citizen I won't bother apply for Family Permit. No much point. Apply for a 5 years RC using form EEA2 when you are back from your Christmas break.