EEA national and Non-EEA national spouse moving to the UK

LAROCCAMOM · Post by **LAROCCAMOM** » Wed Feb 10, 2010 2:09 am

Hello,

I am an Italian national by blood nevertheless I hold an Italian passport as well as citizenship. I was born in Argentina and I have been living in the USA since the age of 15, now I'm 28, I am married (Venezuelan national), and we have 3 minor children ages 7, 5, and 1.
I apologize for the little self-biography there!

My husband of 9 years and I would like to relocate to the UK.

My husband holds the new electronic Venezuelan passport which means he does not need a visa to enter the UK, but, since he is my spouse is there any other visa or family permit he should be getting instead?

I read that in order for him to be granted the family permit, I need to be settled in the UK, and obviously I am not, at lest, not yet.

Since we are planning on settling must he go another route?
If not, once he enters the UK and I find employment and I obtain the registration certificate, can he apply for a family permit then? or must he go back to Venezuela and apply from there?

I apologize for this confusion, but I am quite a bit confused at the moment.

I thank anyone with any answers out there.
Really

86ti · Post by **86ti** » Wed Feb 10, 2010 8:22 am

In principle, your husband needs an EEA family permit to enter the UK even if he does not require a visa as visitor. However, EEA law is such that in company of the EEA national or joining the EEA national at a later date, immigration officers can not simply refuse entry if the relationship can be proven otherwise (marriage certificate, properly translated and authenticated). What are the nationalities of the children?

The EEA FP is just an entrance clearance valid for six month. After you have come to the UK your husband may want to apply for a residence card (not a permit!) and you for a residence certificate. Both are optional though the residence card is, for obvious practical reasons, recommend to apply for. The certificate appears to be mostly useless.

You may plan to settle eventually but please note that you have an absolute right to live and work in any member state other than Italy (there you would be subject to national law) together with your family members regardless of their nationality. If you decide to apply for an EEA FP you will have to fill out form VAF5 but be warned that it asks for many questions that you do no have to answer. All you should need is documentation proving the relationships and the passports. Nothing else, especially you do not have to declare why you want to come to the UK, how long you want to stay or if you have sufficient financial resources to support yourself and the family. The stay for the first three months is unconditional (except your passports and maybe the EEA FP). After that time you must be able to support the whole family.

LAROCCAMOM · Post by **LAROCCAMOM** » Wed Feb 10, 2010 12:32 pm

86ti wrote:In principle, your husband needs an EEA family permit to enter the UK even if he does not require a visa as visitor. However, EEA law is such that in company of the EEA national or joining the EEA national at a later date, immigration officers can not simply refuse entry if the relationship can be proven otherwise (marriage certificate, properly translated and authenticated). What are the nationalities of the children?

The EEA FP is just an entrance clearance valid for six month. After you have come to the UK your husband may want to apply for a residence card (not a permit!) and you for a residence certificate. Both are optional though the residence card is, for obvious practical reasons, recommend to apply for. The certificate appears to be mostly useless.

You may plan to settle eventually but please note that you have an absolute right to live and work in any member state other than Italy (there you would be subject to national law) together with your family members regardless of their nationality. If you decide to apply for an EEA FP you will have to fill out form VAF5 but be warned that it asks for many questions that you do no have to answer. All you should need is documentation proving the relationships and the passports. Nothing else, especially you do not have to declare why you want to come to the UK, how long you want to stay or if you have sufficient financial resources to support yourself and the family. The stay for the first three months is unconditional (except your passports and maybe the EEA FP). After that time you must be able to support the whole family.

Thank you 86,

Our children were born in the USA but are Italians as well by blood (my side of the family).
So in other words all he needs really is the EEA FP and once in the UK he can apply for the residence card as long as I can show proof of work and others? and How soon will he be able to apply for the residence card, must it be after 3 months of me working? Also, will he be allowed to apply from within the UK?
I apologize for barging in such a way, it's just that I wrote the WorldBridge about 8 times asking these same questions and all they did was copy and paste literature from the UK Border's website as their answer, and to top it all, their answers were different all the time

Again....I thank you for all your help

86ti · Post by **86ti** » Wed Feb 10, 2010 1:14 pm

Yes, the EEA FP is a formal requirement but even if he doesn't have it and you are either travelling together or he would be joining you at a later date he would do nothing illegal which also means that it can have no influence on the further status in the UK. You will need to show sufficient funds when applying for the RC. You can apply any time you want and feel that you have all necessary documents. A RC can only be applied for in the UK. He will not have to leave the country. Worldbridge is only a forwarding agent with (nearly) zero responsibility in the application process. In my very humble opinion a mostly useless service certainly not for the benefit of the "customer".

Some useful links:
EEA FP: http://www.ukvisas.gov.uk/en/ecg/eunationalsschemes/
RC: http://www.ukba.homeoffice.gov.uk/eucit ... ropeanlaw/
the law: http://www.opsi.gov.uk/si/si2006/20061003.htm

LAROCCAMOM · Post by **LAROCCAMOM** » Wed Feb 10, 2010 5:59 pm

86,

Just a few more concerns,

1-In order for my husband to apply for the residence card, will he have to show PROOF of my employment?

2- Will he be allowed to work with a EEA FP or that is just for clearance purposes only?

3- When demonstrating his relationship to me in form VAF5, what else can we provide besides our marriage certificate? Can we send in photos or bank statements? We have been married for 9 years!

4- Do you think I should obtain the registration certificate before my husband applies for the RC?

5- Do you have any idea how long they take to approve the EEA FP? I am asking since we would have to submit our passports.

Thank you for all this information.

86ti · Post by **86ti** » Wed Feb 10, 2010 7:17 pm

1. Yes.
2. He will be allowed to work by virtue of the relationship to you though employers may be difficult to convince without a "proper visa".
3. 9 years and 3 children!? You certainly do not have to show any further evidence of the genuity of your marriage! Bank statements are not required by EEA law.
4. Absolutely no need for that and wouldn't change a thing. If you really want that certificate better apply together as the EEA2 application will need your documents anyway.
5. EEA FP applications should be processed preferentially (more than 4 weeks is definitely too long!). For timelines there used to be information on the UKvisas or UKBA homepages but I can't remember the link.

Rozen · Post by **Rozen** » Wed Feb 10, 2010 7:18 pm

LAROCCAMOM wrote:

1-In order for my husband to apply for the residence card, will he have to show PROOF of my employment?

2- Will he be allowed to work with a EEA FP or that is just for clearance purposes only?

3- When demonstrating his relationship to me in form VAF5, what else can we provide besides our marriage certificate? Can we send in photos or bank statements? We have been married for 9 years!

4- Do you think I should obtain the registration certificate before my husband applies for the RC?

5- Do you have any idea how long they take to approve the EEA FP? I am asking since we would have to submit our passports.

Thank you for all this information.

1. YES
2. EMPLOYMENT ALLOWED STRAIGHT AWAY
3. MARRIAGE CERTIFICATE ALONE IS ENOUGH
4. NOT NECESSARY
5. THEY ARE SUPPPOSED TO BE EXPEDIATED! Anything from a few days to a few weeks.

Rozen · Post by **Rozen** » Wed Feb 10, 2010 7:23 pm

Ooops! 86ti beat me to it!

86ti · Post by **86ti** » Wed Feb 10, 2010 7:27 pm

Just to clarify, Rozen is talking about the residence card application in point 5.

Rozen · Post by **Rozen** » Wed Feb 10, 2010 9:49 pm

86ti wrote:Just to clarify, Rozen is talking about the residence card application in point 5.

I deleted when I realized! (but that was before your post). No matter.

LAROCCAMOM · Post by **LAROCCAMOM** » Wed Feb 10, 2010 10:51 pm

Thank you guys, I'll keep you posted on the progress..

LAROCCAMOM · Post by **LAROCCAMOM** » Fri Feb 12, 2010 5:47 pm

Where should I mail the application?
1- Is it to the address on the application?
a- If I must mail it directly to London, am I allowed to mail it as priority or express?

or

2- To the British consulate in the USA?

Thank you again

86ti · Post by **86ti** » Sat Feb 13, 2010 7:50 am

2, of course as it is an entrance clearance. What address is there on the VAF5 form?

LAROCCAMOM · Post by **LAROCCAMOM** » Sat Feb 13, 2010 3:38 pm

I was looking at the residence card application instead of the VAF5 form.
I apologize for that confusion.
Apparently I am only allowed to apply online in the USA, I will let you know how that goes.

PAPITO · Post by **PAPITO** » Mon Feb 15, 2010 6:16 pm

HI
Sorry to bump in this thread

, but just need to know as my brother's case, he's German living in Spain with 2 german children and a non-Eu wife wanting to come to live in UK.
Does she needs to apply for Family permit in Spain, in her country of origin or can they come all together and apply once here in the UK? Does the EU resindence in Spain she holds enough for her to come with her family?

Thanks

Pakhtoon · Post by **Pakhtoon** » Mon Feb 15, 2010 7:48 pm

PAPITO wrote:HI
Sorry to bump in this thread , but just need to know as my brother's case, he's German living in Spain with 2 german children and a non-Eu wife wanting to come to live in UK.
Does she needs to apply for Family permit in Spain, in her country of origin or can they come all together and apply once here in the UK? Does the EU resindence in Spain she holds enough for her to come with her family?
Thanks

She needs to apply for EEA Family Permit in Spain before they travel to UK.

There are a million of pages of information about EEA Family Permit on this forum so you can read through for the details if you wish.

erey · Post by **erey** » Fri Jul 31, 2015 3:31 pm

Hi All,

I'm a British born citizen with a non EU spouse, Married 4 years

Are there any financial requirements for the permit? I haven't seen specifics.

Thanks

Wanderer · Post by **Wanderer** » Fri Jul 31, 2015 3:34 pm

erey wrote:Hi All,

I'm a British born citizen with a non EU spouse, Married 4 years

Are there any financial requirements for the permit? I haven't seen specifics.

Thanks

Thread is 5 years old!

Are you living and working in another EU state other than your own?

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EEA national and Non-EEA national spouse moving to the UK

EEA national and Non-EEA national spouse moving to the UK

EEA national and Non-EEA national spouse moving to the UK

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Re: EEA national and Non-EEA national spouse moving to the U