Strictly ADVISED not to get EEA Family Visa

[chippo]

Hi,

I am Australian and married to a EEA National.
I am to begin studying in September at a UK university and I need a visa.
I can either go down the Tier 4 route or get the EEA Family Permit.
I have about 90% of my documents organised and have started the online application (I have saved it) for the EEA Family Permit.

[b][color=red]However, I spoke to my university (the admissions co-ordinator) today and they WARNED me not to get the EEA Family Permit because they have had experience in the past that I takes too long to process and that it was a RISK for me to do so.[/color][/b]

If I go for the Tier 4 way, I have to go home to Australia!

Should I not listen to them and continue to finish off the process?
Or, start all over again with the Tier 4.

Thanks

Ben

(I have heard that it takes 3-15 working days to process)

[John]

I spoke to them today and they WARNED me not to get the EEA Family Permit because they have had experience in the past that I takes too long to process

Spoke to them? Who are "them"?

As a Moderator here I can see the IP address you used to make your post, and therefore see which country you are in. Are you legally resident in that country, or just a visitor?

[chippo]

Spoke to them? Who are "them"?

I spoke to my university, the admissions co-ordinator there.

As a Moderator here I can see the IP address you used to make your post, and therefore see which country you are in. Are you legally resident in that country, or just a visitor?

As I have a residence card in Spain, I am legal.

[John]

Given that getting an EEA Family Permit is distinctly easier, quicker and cheaper, I conclude that the University is talking a "proverbial load of rubbish".

But given that you are a legal resident in Spain, either application, EEA Family Permit or Tier 4, can be made in Spain. You would not need to go back to Australia to apply.

As regards the application for EEA Family Permit, how would your wife be exercising her EU Treaty Rights in the UK? Employed? Self-employed, a student, or self-sufficient?

[chippo]

As regards the application for EEA Family Permit, how would your wife be exercising her EU Treaty Rights in the UK? Employed? Self-employed, a student, or self-sufficient?

I have prepared the following:
* Denotes in process of receiving
====================
A Printout of your Completed Online Visa Application Form
My Passport
Recent Passport-Sized Photograph
Letter from my wife confirming that I am going to travel and live with her in the UK.
Letter from Me confirming that I am going to travel and live with my wife in the UK.
Valid Spanish residence permit
My wife's passport & national identity document
Our Full marriage certificate
*My or my wife's last 3 bank statements (incl. title page). "how much you spend every month and if you have enough for 6 months"
*Proof of accommodation, for example - hotel booking or invitation letter.
*My Savings account statement
*My Shares account statement
*My property value Statement
Marriage pictures
My Degree
Uni Invitation Letter
An email from my wife & to me from many years ago
My Birth Certificate
My wife's Birth Certificate
My Tax file number
*3 last bank statements of my mum
Letter from my mum to say she will support me
Letter from my wife´s mum to say she will support me
*3 last bank statements of my wife's mum
Housing Contract showing my wife and I living together
Picture of my wife with my Parents
*My wife's intention to study: acceptance letter for my wife from a uni
my wife's intention to study: Uni prospectus's for courses she wants to do
my wife's intention to study: eMails to unis
*my wife's intention to study: Comprehensive Sickness Insurance Cover
*my wife's intention to study: my wife's degree photocopy
my wife's intention to study: my wife's enrolment in studying in Spain
*my wife's intention to Study: application for grants
*my wife's intention to work: resume
my wife's intention to work: emails to/from offices
my wife's intention to work: cover letters
*my wife's intention to work: TOEFL exam to work
====================

Although this might appear like a lot.
Is this sufficient!!!! (ie. we don't have pay slips, or a working contract in the UK)



Thanks,

Ben

[John]

Ben, you have clearly done your homework, and that list of evidence is, frankly, more than enough for the issue of an EEA Family Permit. In fact that list includes items that are not strictly needed, for example, there is no need for you to include anything regarding how you will be exercising your EU Treaty Rights in the UK. But no harm enclosing it anyway.

I make an additional point. Getting an EEA Family Permit, and later in the UK a Residence Card, absolves you from all restrictions that would apply under Tier 4. For example, if you want to work the proverbial 21 hours per week there is nothing to stop you, whereas under Tier 4 you could not work more than 20 hours per week in term-time. Also, and I am not suggesting that you would be absent from lectures etc. for the sake of it, but whilst your Tier 4 student colleagues are liable to be reported to UKBA if they are missing for more than 10 sessions, that would not apply to you.

[chippo]

John,

the only thing we aren't sure about is, we don't have a definitive:
-contract that my wife will work, or
-a university acceptance letter for her, and
-payslips, showing income (she works in a hotel),
-a "vida laboural" (a record of her working experience).

Any ideas?


Many thanks,

Ben

[86ti]

However, I spoke to my university (the admissions co-ordinator) today and they WARNED me not to get the EEA Family Permit because they have had experience in the past that I takes too long to process and that it was a RISK for me to do so.

EEA family permit or residence card? The EEA FP is the entrance clearance that one needs to enter the UK (should be quickly issued as John pointed out). The residence card is the documentation that you can apply for to confirm your rights under the EEA rules (long delays in the past but seems have gotten better recently). I ask this because I have seen postdoc positions announced that specifially asked for the residence card in the application process. Is this university under the impression that you would need a residence card to legally stay and study in the UK?

[John]

Ben, no matter, she has not got to be exercising EU Treaty Rights when you apply for the EEA Family Permit. She just has to have the intention to do so within 3 months of arrival.

To later get the Residence Card in the UK, yes you will need to include proof that your wife is indeed exercising EU Treaty Rights in the UK.

Picking up on the point that 86ti makes, the EEA Family Permit is totally sufficient to show that you have the right to exercise EU Treaty Rights in the UK. That is, the University cannot insist upon you having a Residence Card.

[chippo]

Thank you both 86ti and John. Both have giving me something to think about and resolved many issues!

Much appreciated.

Ben