EEA Family Permit - some concerns

[MickyBlue]

Hi, i've searched the forums and couldn't find the answers i was looking for so here goes....

I am an Australian national currently in a 5 year relationship with a Swedish girl. We are classed as de-facto or unmarried partners in 2 countries, them being Australia and Sweden. She received permanent residency whilst we lived in oz for 3 years and i received permanent residency for Sweden easily before coming to live there where we are currently living now.

For various reasons which aren't worth mentioning we have decided to go to the UK to live and work within the next 6 months. I am told the best avenue for me is to get the EEA family permit which is quite easy to get especially in my situation where we have proved 2 times the status of our relationship.

Some concerns i have with this are....

1.) Do i have to always travel with my partner since she is the EEA national. I read somewhere on some UK Border website that this is the case and that i cant ravel alone which sounds awfully strange. Maybe i have to travel with my partner to enter UK, no?

2.) Do i have to apply for permanent residency within a certain timeframe of arriving even if we decide to stay for 1,2 or 3 years? Or can i live there just with the family permit without issues.

3.) What happens if things turn pear shape and our relationship breaks down and she decides to go back to Sweden, will i be able to still stay in UK on the family permit?

4.) One section on the application form states that as evidence they require payslips from friends/relatives of whom you are staying with once arriving...are they for real? What has this go to do with our financial wellbeing? Would it be sufficient to show that we have enough money to support ourselves without family/friends giving us a bed to sleep on and asking them of their last 6 payslips i think it says? We were thinking of putting some friends down for this but i don't know how they will react to handing over their private earnings history for the past 3-6months!

All help and advice will be greatly appreciated and many thanks well in advance.
Regards..Micky B.

[thsths]

1.) Do i have to always travel with my partner since she is the EEA national. I read somewhere on some UK Border website that this is the case and that i cant ravel alone which sounds awfully strange. Maybe i have to travel with my partner to enter UK, no?

No, you can also join her in the UK, if she is already there. Generally you right of residence and right to work depends on her residing in the UK.

2.) Do i have to apply for permanent residency within a certain timeframe of arriving even if we decide to stay for 1,2 or 3 years?

You should apply for a residence card either way. Unfortunately the process takes about 6 months, and is a bit of a hassle.

3.) What happens if things turn pear shape and our relationship breaks down and she decides to go back to Sweden, will i be able to still stay in UK on the family permit?

As a married couple you would enjoy some protection, but I do not think that extends to unmarried couples. And changing your status in country would be next to impossible, so you would to apply for a work visa from Australia.

4.) One section on the application form states that as evidence they require payslips from friends/relatives of whom you are staying with once arriving...are they for real?

Are you referring to form VAF5? I cannot find anything that would indicate so. You just need to show that you will have enough money to live of, and your current financial situation is an indication of this. Showing that you will find a job is much more important though.

Tom

[86ti]

2.) Do i have to apply for permanent residency within a certain timeframe of arriving even if we decide to stay for 1,2 or 3 years? Or can i live there just with the family permit without issues.

You will not get permanent residency until after five continous years in the UK.

[MickyBlue]

2.) Do i have to apply for permanent residency within a certain timeframe of arriving even if we decide to stay for 1,2 or 3 years? Or can i live there just with the family permit without issues.

You will not get permanent residency until after five continous years in the UK.

2.) Do i have to apply for permanent residency within a certain timeframe of arriving even if we decide to stay for 1,2 or 3 years?

You should apply for a residence card either way. Unfortunately the process takes about 6 months, and is a bit of a hassle.

But the question i stress here for more clarification is do i "have to" apply for residency when i arrive to the UK or if i have been living there for 1,2 or say 3 years?

Can i live and work without any hassles with just the EEA Family Permit and if i decide to stay for longer than 2-3 years just apply for permanent residency then?

1.) Do i have to always travel with my partner since she is the EEA national. I read somewhere on some UK Border website that this is the case and that i cant ravel alone which sounds awfully strange. Maybe i have to travel with my partner to enter UK, no?

No, you can also join here in the UK, if she is already there. Generally you right of residence and right to work depends on her residing in the UK.

But what if neither of us are in the UK and we go at the same time or if I go first alone?



Thanks again.

[thsths]

Can i live and work without any hassles with just the EEA Family Permit and if i decide to stay for longer than 2-3 years just apply for permanent residency then?

You do not have to apply for a residence card, but life will be difficult without it.

But what if neither of us are in the UK and we go at the same time or if I go first alone?

You cannot go first alone.

Tom

[MickyBlue]

Can i live and work without any hassles with just the EEA Family Permit and if i decide to stay for longer than 2-3 years just apply for permanent residency then?
You do not have to apply for a residence card, but life will be difficult without it.

How will it be difficult for me and in what sense? Will i struggle to get work is that the main issue with employers you're saying?

[Wanderer]

Can i live and work without any hassles with just the EEA Family Permit and if i decide to stay for longer than 2-3 years just apply for permanent residency then?
You do not have to apply for a residence card, but life will be difficult without it.

How will it be difficult for me and in what sense? Will i struggle to get work is that the main issue with employers you're saying?

Not having read the entire thread but I assume it's cos employers now have to duty to check the veracity of ur right to work in the UK and if it's not in your passport they're not interested in checking any further, or the ins and outs of EEA immigration rules. So they look at the next person for the job....

[bridiebridie]

Hi

The Family Permit is only valid for 6 months. The idea being, it gives you time to get here and apply for your EEA2 residence care as they take 6 months to process. So if you need yr passport back, you can travel with your valid family permit.

While you dont have to apply for an EEA2, once your family permit expires, you effectively dont have a valid visa and good luck convincing an employer otherwise. Likewise with immigration at heathrow. You also cant apply for an EEA2 once your family permit expires.

Once you apply for your EEA2, they - eventually - send you a certificate of application which is meant to provide proof to employers and immigration.

My advice would be, once you get here, look for a job asap, show them yr valid Family Permit to prove you can work then send off to get your EEA2 soon as possible as it WILL take 6 months to process.

While you can apply for a fam permit again, I am also australian and was told by consulate in canberra they wont keep issuing it as I should be applying for my EEA2 if I wish to live and work in the UK

[MickyBlue]

Thanks a lot to everyone for the responses, much appreciated and i am well informed now

[MickyBlue]

hi,

well my relationship is really in the toilet right now and my only avenue of entry into the UK is soon going to be heading her own way....thank god!

have i any chance of getting into the UK with any visa even if she helps me get a EEA family permit which she is willing to do even in our darkest hours?

if i get EEA family permit and get into UK with her is my only chance work sponsorship if i get work quick smart? my background is IT so im not expecting to be waiting long to get work.

i am pretty desperate to go to UK now especially since things really have turned pear shaped now!

cheer.s

[MickyBlue]

also, if i was to enter just say with an EEA family permit what checks are we expecting the Home Office to do?
in this im saying the place where my EEA partner is supposedly working...

[ribena]

[quote="bridiebridie"]Hi

While you dont have to apply for an EEA2, once your family permit expires, you effectively dont have a valid visa and good luck convincing an employer otherwise. Likewise with immigration at heathrow. You also cant apply for an EEA2 once your family permit expires.

Doesn't seems quite right to what I have gathered so far in here. From my understanding:

EEA FP is a entry clearance visa, it 'facilitate' your entry to UK. You have 6 months from the date it start to enter UK and once you are here, you don't have to apply for EEA2(but highly recommended) if you choose not to.

Even if your EEA FP 'expired' and you still haven't apply for your EEA2, it doesn't matter as long as you can prove that you gain the EU rights from your EU Partner which is freedom to work,move, etc.

Of course, without the COA, convincing an employer would be hard unless the employer knows about eligibility for a non-eea family member to a EEA member to work.

The 'visa' has nothing to do being able to work coz as mentioned above, non-eea gets the EU right if they are their family member.

The EEA FP sticker won't say you are allowed to work. On mine, it stated " EEA FP: To join spouse<name> DOB <xxxx>.

The EEA2 application doesn't grant you the EU rights but to confirm that you have the right.

If my understanding has not been what it seems, please do correct me.

[ribena]

ops. double post by accident

[bridiebridie]

yes and no. Yes of course you dont have to apply for eea2 and as you say it would be a much harder life trying to prove to an employer if you only have an expired FP in your passport. Most employers want to see proof of a valid visa and FP have an expiry date.

In my experience - and I know they all differ - home office basically want you to commit or really want to live and work in the UK, and rightly so. Therefore if you dont want apply for an EEA, this doesnt bode well in their eyes as its not our right to be here. I was told that exact phrase by home office. I was also nearly refused entry at heathrow while travelling on my own with an expired FP as I had no proof my EU husband was excercising rights. And there is only so many times they will renew your FP. After my third, they said if I want to continue living in UK, I should be looking into getting EEA2 as they wouldnt issue another FP for me.

Also if yr FP expires before you apply for EEA2, this will be taken into account on whether they issue yr EEA2. I was told also, we gave you six months to apply, if you want to live here, you should make it a priority.

however knowing home office you are bound to have an entirely different experience!

[MickyBlue]

in light of my situation i shave a few more questions that came to my head and that people suggested...

if i apply for this EEA family permit will it cancel my swedish permanent residency?

lately been thinking of even going to italy on a working holiday visa, will this type of visa cancel my swedish permanent residency?

back to the UK side of things again, what about ILR, am i elgible for that? i have been in an unmarried partner relationship for more than 4 years and have proof...would this be a better option of going to uk?

thanks again in advance.

[ciaramc]

Micky; No I don't think by simply getting a EEA family permit it will cancel your Swedish resident card!

But sorry from your post I'm to understand that you and your girlfriend will no longer be heding to the UK together??? You must travel with your spouse/partner or at least be going to join them! I think your chances of establishing yourself in the UK all depends on your EEA partner!

And no an Italian visa will not cancel your Swedish res permit! And for a application for a "work vacation" visa can only by made at the diplomatic-consular representation of your country I think, which must have an agreement in force with Italy on this type of entry.

[sakura]

in light of my situation i shave a few more questions that came to my head and that people suggested...

if i apply for this EEA family permit will it cancel my swedish permanent residency?

lately been thinking of even going to italy on a working holiday visa, will this type of visa cancel my swedish permanent residency?

back to the UK side of things again, what about ILR, am i elgible for that? i have been in an unmarried partner relationship for more than 4 years and have proof...would this be a better option of going to uk?

thanks again in advance.

Firstly, your only avenue of entering the UK is with your partner, using the EEA family permit/residence card. Forget about ILR...you are not eligible for that and wouldn't be anyway, because under the EU rules, you would obtain PR...Permanent Residency, and not ILR.

You mention being in a relationship for four years; again, it does not help you enter/live in the UK except through the EEA family permit/residence card, which you qualify for, and you only receive PR after five years in this category.

You mention being a Swedish permanent resident. I do not know the rules about residency and retention rights in Sweden, so before leaving the country, I'd recommend you talk to a qualified immigration specialist.

[Rozen]

Hi

You also cant apply for an EEA2 once your family permit expires.

Yes you can! I did.

[thsths]

Hi
You also cant apply for an EEA2 once your family permit expires.

Yes you can! I did.

As a family member you, but as an extended family member the UKBA can refuse the application. The difference is unfortunate, but at least for now it seems to be legal.

Tom

[MickyBlue]

if i get work when i arrive under the family work permit and i have to re-apply for it again after 6 months will i have any issues with a.) the person i am working with or b.) getting another work permit stamp in my passport?
will my partner have to be present in uk for me to re-apply for a second family work permit?

[ciaramc]

Micky......You have to be with your partner who is present in the UK and exercising her treaty rights in order to benefit from the family permit.....if you are no longer a family member (e.g you have broken up) you do not qualify and also if your partner is not exercising treaty rights and residing with you can not simply get another family permit!

You will be treated like any other person trying to get a work permit inthe UK!!!

I think the only place you can work is Sweden.....even if you break up with your partner because after a four year relationship (providing you can prove it) you can retain your Swedish resident permit?

See what other people think on the forum!

Also I'm not very clear on your situation? You are a unmarried partner of a EU national (Sweden) living in Sweden with a Swedish resident permit?

You are no longer together with your partner? You plan to go to the UK alone?

[MickyBlue]

no we plan to go together but if my partner stays for the duration is still up in the air.

so if she goes home before my work permit expires just say, will i still be able to apply for a second one and what would stop me from doing it?

would the home office require to see her passport for any reason for me re-applying for family permit again?

someone that has experience with this and has re-applied for a second or third family permit should know this and answer my question here if possible...thanks.

[yankeegirl]

so if she goes home before my work permit expires just say, will i still be able to apply for a second one and what would stop me from doing it?

No, if your partner returns home, you won't be able to apply for the residence card. What would stop you from doing so is the fact that she is no longer in the UK; therefore you would no longer have a claim to remain in the UK.

would the home office require to see her passport for any reason for me re-applying for family permit again?

Yes, they do require that, along with documentation of your partner exercising a Treaty right IN THE UK. For example, when I filled out the EEA2 application, I not only had to send in mine and my husband's passports, I also had to send in his payslips and a signed declaration from his employer that he was working in the UK.

If you enter the UK on the basis of your partnership with an EU citizen, then if she returns home, you no longer have a valid claim to stay. Seriously, just go to the UKBA site and read through the EEA2 application form and guidance notes. This is what would be applied for after entering the UK on a family permit. It states on there very clearly what they want sent in with the application, such as passport of the EU citizen and proof of relationship to said EU citizen.