first steps on arriving to UK & applying for fam.permit?

[Wisdom]

Hello,

I have to begin by saying what a wonderful forum this is and that i am really glad to have found such a good information source.
However there are some questions unanswered, and i was hoping some of you could help me out.
I am an EEA citizen married to a non EEA citizen.
My husband and i are not living together,yet, but we do want to start our life together in the UK.

I have read and found some law articles about EEA citizens and the rights for the family-members, but at the same time it confused me a bit.

Will someone be so friendly and explain to me what the first steps are for applying for a family permit (except from filling in the form and finding a job)? I am hoping to start this procedure asap but i am wondering which steps to take to get to this point.

I haven't found any info about registering as a resident in the UK is this necessary, if so, do i need to bring any special documents? Like birthcertificate or marriage certificate? Or isn't that required.

Is it realistic to think of finding a job within a period of 1,5 month? (I have a Bachelors Degree in social work.)

Thanks in advance.

[thsths]

I have read and found some law articles about EEA citizens and the rights for the family-members, but at the same time it confused me a bit.

Will someone be so friendly and explain to me what the first steps are for applying for a family permit (except from filling in the form and finding a job)? I am hoping to start this procedure asap but i am wondering which steps to take to get to this point.

I haven't found any info about registering as a resident in the UK is this necessary, if so, do i need to bring any special documents? Like birthcertificate or marriage certificate? Or isn't that required.

The legal situation is rather complex. Are you applying from outside of the EU? In that case, you should follow the form as closely as possible. (For application from within the EU most of the information is not required.)
And make sure that you do not give any false statements.

A birth certificate would be useful, but it is not necessary. The marriage certificate is essential, and you need to include an official translation if it is not in English. You also have to provide evidence that your marriage is "subsisting". The usual proof would be cohabitation, but you can also provide communication records (e.g. itemized billing for your phone calls).

Once in the UK, you should apply for a residence card using application EEA2 as soon as possible. Waiting times are long, and you can add more supporting evidence while the application is in the queue.

Is it realistic to think of finding a job within a period of 1,5 month? (I have a Bachelors Degree in social work.)

It is quite easy to find a job once you are in the UK, but application from abroad are usually ignored. So if you can afford it, you should move here first, and then look for jobs.

[Pasha]

Once the EEA 2 application is logged, can the applicant submit more evidence that will help support the application?

My wife is currently on a visitors visa that expires in one months time, we are collating as much evidence as possible and would like to apply asap. If evidence can be submitted at any point whilst her application for a residence card is being process, this will be great news for us. Pls confirm if this is the case.

Once the application is logged with the home office, as my wife has only one month on her visitors visa - what happens if her application is still with the Home Office on the date her visitors visa expires? Would she be considered as an overstayer? Her visitors visa says no work or recourse to public funds and I am not sure while her application is being considered by the Home Office if she will be able to take up employment??

[thsths]

Once the EEA 2 application is logged, can the applicant submit more evidence that will help support the application?

The Home Office regularly asks for recent payslips once the application has made it through the queue. This happened to us, but also to many other people. So obviously they do recognise evidence that is more recent than the application. Of course I am not sure whether they always do this, or only in certain circumstances. But since they do not actually do anything with your application while it sits in the queue, I see no reason why they should refuse any evidence, as long as it is present when the application is processed.

Once the application is logged with the home office, as my wife has only one month on her visitors visa - what happens if her application is still with the Home Office on the date her visitors visa expires? Would she be considered as an overstayer?

No. Under European law, you have the right of residence once you satisfy the requirements. The residence card is only a confirmation of these rights, but it is not required that you have one.

Her visitors visa says no work or recourse to public funds and I am not sure while her application is being considered by the Home Office if she will be able to take up employment??

Technically she already has the right to work, but it may be difficult to convince the employer of this. You should get a confirmation of your application from the Home Office within 2 or 3 weeks, and it does confirm the right to work. Usually the employer will be satisfied with this letter.

[Pasha]

Thsths, thanks for your reply. It has eased our minds to say the least.

We were having a look at the visitors visa placed in my wifes passport and was wondering why it was just for one month.. this is not normal given that non-EEA family members has the initial right of residence for 3 months...the immigration officer said that one month will allow my wife to apply for an EEA FP as it is her intention is to join me in the UK on a permanant basis.

We have read that immigrations oficers may admit the non-EEA family on a temporary basis to the UK - is there someone I could call to check whether the visa in my wifes passport is a temporary one? The immigration officer did not state that the visitors visa was temporary but we would like to have this confirmed before logging the application for her residence permit so that there are not questions if she entered the UK legally or that her application is valid due to the one month limit on her passport.

My wife said that the immigration officer was very pedantic and said that her passport will be flagged up the next time she tries to enter the UK and that they would expect to see the EEA FP the next time she travels to the UK..This attitude ofcourse has shell-shocked my wife and the past few days has been abit tough on her.

Any advise you can offer will be greatly appreciated.

[Wisdom]

I have read and found some law articles about EEA citizens and the rights for the family-members, but at the same time it confused me a bit.

Will someone be so friendly and explain to me what the first steps are for applying for a family permit (except from filling in the form and finding a job)? I am hoping to start this procedure asap but i am wondering which steps to take to get to this point.

I haven't found any info about registering as a resident in the UK is this necessary, if so, do i need to bring any special documents? Like birthcertificate or marriage certificate? Or isn't that required.

The legal situation is rather complex. Are you applying from outside of the EU? In that case, you should follow the form as closely as possible. (For application from within the EU most of the information is not required.)
And make sure that you do not give any false statements.

A birth certificate would be useful, but it is not necessary. The marriage certificate is essential, and you need to include an official translation if it is not in English. You also have to provide evidence that your marriage is "subsisting". The usual proof would be cohabitation, but you can also provide communication records (e.g. itemized billing for your phone calls).

Once in the UK, you should apply for a residence card using application EEA2 as soon as possible. Waiting times are long, and you can add more supporting evidence while the application is in the queue.

Is it realistic to think of finding a job within a period of 1,5 month? (I have a Bachelors Degree in social work.)

It is quite easy to find a job once you are in the UK, but application from abroad are usually ignored. So if you can afford it, you should move here first, and then look for jobs.

Thank you for answering.
The application will be made from within the EU, actually i'm planning to go to the UK ahead of my husband to arrange everything before his arrival.
We're still living apart from eachother, due to the fact that we are still newlyweds and wanting to start our life in the UK.
I'm affraid that i can't provide any proof of subsisting like cohabitation, because of religious point of view we haven't lived together before our marriage. However i can provide with some personal "proof" like; emails, pictures, letters, plain tickets etc? Do you think that will do?

But the thing that is still not clear to me is; how many payslips do i have to provide when applying for a family permit? I have read here somewhere that someone even succeeded with a 3 weeks payslip.
Is that an exception ? If so, what is the standard?

I have a marriage certificate and it's officially translated into English.
My birthcerificate; i do have one, but in this year of may it will be older than 6 months. I'm planning to move in july, so that means it will be 2 months past date ..

And most important is there any chance for my hb to enter the UK with me before applying for the family permit (touristic visa?) Or can we apply for the family permit together and then go to the UK, find a house, find a job etc?
I'm sorry if ask silly questions, but i'm still clueless! Even after reading the Visa regulations. The global regulations are clear to me except for the little details.

[thsths]

The application will be made from within the EU, actually i'm planning to go to the UK ahead of my husband to arrange everything before his arrival.

So is your husband already in the EU? In that case you need very little evidence. You need to prove that your husband is legally in the country you apply from, and you need to demonstrate that you can get a job and you have enough money until then. Everything else is optional.

However i can provide with some personal "proof" like; emails, pictures, letters, plain tickets etc?

Yes, anything written is good that shows a connection between you.

But the thing that is still not clear to me is; how many payslips do i have to provide when applying for a family permit?

If you apply from within the EU, your current situation is not really relevant for the EEA Family Permit. I think they want to see 3 monthly payslips, but I am not sure why. Maybe your current employment shows that you could also find a job in the UK?

And most important is there any chance for my hb to enter the UK with me before applying for the family permit (touristic visa?)

Does he need a visa for the UK? If he does, the EEA Family Permit should be easier to get than a tourist visa. If he does not need a visa, it may still be a good idea to get the EEA Family Permit, because it is more appropriate for the situation.

[Wisdom]

So is your husband already in the EU? In that case you need very little evidence. You need to prove that your husband is legally in the country you apply from, and you need to demonstrate that you can get a job and you have enough money until then. Everything else is optional.

At this moment he isn't in the EU yet. But hopefully he will be soon.
So if i understand this correct we are allowed to apply for one at the British Embassy even though he is here (in Holland) on a visitors visa ?
If so, that would make things a whole lot easier.
Having enough money is pretty subjective What does the UK government have in mind?

Yes, anything written is good that shows a connection between you.

OK, that's an easy one.

If you apply from within the EU, your current situation is not really relevant for the EEA Family Permit. I think they want to see 3 monthly payslips, but I am not sure why. Maybe your current employment shows that you could also find a job in the UK?

So if my hb applies from my residential country, even on a visitors visa ... then no need to provide with the 3 monthly payslips.
That would be great, because like anyone else on this forum we want to make this transition as smooth as possible without being apart from eachother for too many months.

If he does, the EEA Family Permit should be easier to get than a tourist visa. If he does not need a visa, it may still be a good idea to get the EEA Family Permit, because it is more appropriate for the situation.

Thanks a million thsths, i really appreciate it!

[thsths]

At this moment he isn't in the EU yet. But hopefully he will be soon.
So if i understand this correct we are allowed to apply for one at the British Embassy even though he is here (in Holland) on a visitors visa ?

Yes, you are certainly allowed to apply as a visitor, although there is some confusion around that issue. Our caseworker (in Holland!) wanted to see prove of normal residency. The procedures clearly state that he has to process the application in any case, but he may treat it as if it was made outside the EEA if we cannot prove residence.

Recently I read that even a tourist visa is considered enough, but I cannot find the source any more. So I think you should just try it and see what happens.

Having enough money is pretty subjective What does the UK government have in mind?

Yes, it is, and it depends on your circumstances, too. The guideline is 500 pounds per person per months. So if you want to look for work for 2 months, you should have 2000 pounds available.

So if my hb applies from my residential country, even on a visitors visa ... then no need to provide with the 3 monthly payslips.

Oh, you mean payslips from the UK? Correct, you don't have to for those. Just include current payslips, if you have an income, although as I said they are not essential.

And do not worry. The European immigration track works pretty well, if you know your rights.

[Wisdom]

thsths; Thanks again.
We will give it a go in a few months and then we'll see what will happen!