Tips for submitting applications for EEA family permit

[drkstr]

Hello,

I recently got an EEA family permit approved and feel I should make a post based on my experience.

First, my situation was as follows:

- I am married (have been for four years).

- I am not an EEA national, and my spouse is.

- My spouse is not a national of an ascension state.

- We are not currently living in the UK.

- I've accepted a job offer in the UK.

- My spouse intends to be economically self-sufficient (based on my salary and private medical insurance) and will not be working.

If your situation is similar and you want to apply for an EEA family permit outside of the UK, you should submit the following supporting documents with your VAF5 application form:

- Your passport

- Your spouse's passport

- Your original marriage certificate (should be the original, and it should be traslated into english by an official translator if it's not written in English. In my case it was written in five different languages including English, and it was sufficient).

- If your spouse had previous marriage(s), as mine did, you should also submit original copies of the divorce papers, translated into english if necessary.

- A letter, written, signed, and dated by your spouse, declaring that s/he intends to travel with you to the UK, and that s/he supports your application for the EEA family permit.

- A signed job offer letter, or letter from your perspective employer, which details your salary, start date, and other terms and conditions associated with your employment.

- Bank statements, from the past three months, which show that your EEA spouse has more money than what would be provided by public assistance in the UK. I don't know what that amount is, but I asked a solicitor and was told that the monetary equivalent of 5000 pounds should be more than sufficient. In my case we had quite a bit more than this. The bank statements should be written in English and should be in your spouse's name or a joint account. They should be written on paper with the bank's letterhead if possible. In my case, I had to use internet copies, but I took them into the bank and had them stamped and signed and this was sufficient.

- A letter which declares your intention to purchase comprehensive sickness insurance from a local provider within three months after you arrive in the UK. The letter should mention that the insurance will cover pre-conditions, inpatient and outpatient care, ambulance trips, and emergencies. It is not necessary to purchase insurance before travelling, and it's also not necessary to mention the name of the provider that you intend to use.

I submitted all of this at the Dusseldorf Worldbridge office and was approved in 13 working days.

Some notes:

- Regardless of what anyone tells you, including people at the Worldbridge office, it's *NOT* necessary to submit a residence card or permit from an EU country with your application. Your passport alone should suffice in all cases. I refused to give them my Dutch residence card (I submitted only an uncertified copy) and my application was still approved.

- If you have criminal convictions that aren't "spent" under UK law, don't worry at all. There's no way that your application can be refused for this. Even if you don't declare the convictions, there still is no way that your application can be refused, and you cannot be banned for 10 years for withholding material information. This is because EEA permits are not processed under the UK immigration laws, but on EU laws.

- If you need to complain about processing delays or mishandled cases, it's good to use this email address where EEA permits are concerned: NWCSU@homeoffice.gsi.gov.uk
They are equipped to respond fairly quickly. I had a response from them within one day.

Good Luck !

[86ti]

I've accepted a job offer in the UK.

Not relevant.

My spouse intends to be economically self-sufficient (based on my salary and private medical insurance) and will not be working.

Not relevant at this stage.

- A signed job offer letter, or letter from your perspective employer, which details your salary, start date, and other terms and conditions associated with your employment.

- Bank statements, from the past three months, which show that your EEA spouse has more money than what would be provided by public assistance in the UK. I don't know what that amount is, but I asked a solicitor and was told that the monetary equivalent of 5000 pounds should be more than sufficient. In my case we had quite a bit more than this. The bank statements should be written in English and should be in your spouse's name or a joint account. They should be written on paper with the bank's letterhead if possible. In my case, I had to use internet copies, but I took them into the bank and had them stamped and signed and this was sufficient.

- A letter which declares your intention to purchase comprehensive sickness insurance from a local provider within three months after you arrive in the UK. The letter should mention that the insurance will cover pre-conditions, inpatient and outpatient care, ambulance trips, and emergencies. It is not necessary to purchase insurance before travelling, and it's also not necessary to mention the name of the provider that you intend to use.

None of those are relevant. I have pointed that out just recently. See also the EEA regulations, Section 13.

If you need to complain about processing delays or mishandled cases, it's good to use this email address where EEA permits are concerned: NWCSU@homeoffice.gsi.gov.uk

The NW service does not handle entrance clearance applications.

[Nimitta]

When I applied for EEA FP (wanted to visit our friends), the only papers we presented were:

1. My passport (I am Ukrainian)
2. My husband's passport (he is Latvian citizen)
3. A cover-letter stating we are travelling together
4. Marriage certificate

I wanted to show tickets and bank statement (I knew very little about EEA FP until recently), but those were not accepted (irrelevant documents).

I am not even sure we needed #3 because the EEA FP has my husband's name on it, and if I appeared at the border alone they either would not let me through or required some evidence that he is already in the UK. Thus the letter would be either absolutely unnecessary (if we appear at the border together) or insufficient (if I appear alone).

As far as I understood from reading this forum and other materials (86ti or other gurus can correct me if I am wrong), regardless our intentions and the length of intended stay, UKBA cannot legally request anything but documents listed above until the first three month of unconditional stay run out.

[86ti]

As far as I understood from reading this forum and other materials (86ti or other gurus can correct me if I am wrong), regardless our intentions and the length of intended stay, UKBA cannot legally request anything but documents listed above until the first three month of unconditional stay run out.

That's right. But when the first three month of residence run out you are already in the UK. In other words this is not the business of the visa issuing posts.

BTW, where did you apply?

[Nimitta]

That's right. But when the first three month of residence run out you are already in the UK. In other words this is not the business of the visa issuing posts.

Good point. Which means either way it is outside of their competence.


BTW, where did you apply?

We applied in our residence country - Latvia.

[86ti]

That's right. But when the first three month of residence run out you are already in the UK. In other words this is not the business of the visa issuing posts.

Good point. Which means either way it is outside of their competence.

Well, yes and no because it's all run by the UKBA now. But the entrance clearance officer should not check whether the EEA national is or will be a qualified person unless that person has already been in the UK for more than 3 months.

[Nimitta]

Well, yes and no because it's all run by the UKBA now. But the entrance clearance officer should not check whether the EEA national is or will be a qualified person unless that person has already been in the UK for more than 3 months.

I see. Thank you!

[Laura721]

Do you really need the bank statements? I thought this was irrelevant to the application...as Nimitta said...

[86ti]

Do you really need the bank statements? I thought this was irrelevant to the application...as Nimitta said...

Exactly that was the conclusion so far. If you read the EEA regulations as linked to above that becomes very clear. The EUN do not claim otherwise either.

[Laura721]

Do you really need the bank statements? I thought this was irrelevant to the application...as Nimitta said...

Exactly that was the conclusion so far. If you read the EEA regulations as linked to above that becomes very clear. The EUN do not claim otherwise either.

Fabulous! I've been working in Spain since September and we plan to start our application after we marry which will hopefully be this Summer. Seems as if getting married here is more complicated than the family permit!!

[Laura721]

Does anyone know where I can find the criteria used to judge whether or nit an applicant is a threat to public security/public policy?

[keffers]

I would be surprised if such guidance existed. Each case would be decided individually. In any case it is often a politician who makes such a decision and not a judge.

In Britain there are elected politicians who used to be members of terrorist organisations, yet at the same time it is quite possible to be arrested for making a jocular comment the thought police don't agree with.

Welcome to Britain 2011.

[EU_lawyer]

Does anyone know where I can find the criteria used to judge whether or nit [sic] an applicant is a threat to public security/public policy?

According to Immigration (EEA) Regulations 2006, reg 21 which corresponds Directive 2004/38 (art 27): "an applicant can only be considered a threat to personal conduct of the person concerned must represent a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society". This has been further explained by the European Court of Justice in the Jipa and Tsakouridis cases. The UK authorities must therefore make a case-by-case assessment.
If you have a need for specific advice, send a question to Your Europe Advice:
http://ec.europa.eu/citizensrights/fron ... dex_en.htm

[Laura721]

Does anyone know where I can find the criteria used to judge whether or nit [sic] an applicant is a threat to public security/public policy?

According to Immigration (EEA) Regulations 2006, reg 21 which corresponds Directive 2004/38 (art 27): "an applicant can only be considered a threat to personal conduct of the person concerned must represent a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society". This has been further explained by the European Court of Justice in the Jipa and Tsakouridis cases. The UK authorities must therefore make a case-by-case assessment.
If you have a need for specific advice, send a question to Your Europe Advice:
http://ec.europa.eu/citizensrights/fron ... dex_en.htm

Thank you so much! Can these people help me also regarding our marriage in Spain? My fiance was in jail in Greece and we now need to find out if his expulsion was just from Greece or from all EU countries. He is convinced it was just Greece but they did not allow him to keep the papers he was forced to sign.