EEA PERMIT FOR SPOUSE IN THE USA

[crapstone]

Hi all,
I am an irish citizen, and my husband is non-EU. We currently live in the USA, but both our H1Bs have expired, and we are now looking to move back to Ireland. We are currently unemployed, because we are planning to move to Ireland (via UK for a wedding), and because our permits have expired. We are headed to Ireland permanently after that (a 2 wk visit).
We applied for an EEA permit for my husband, but I am sick with worry because I am wondering if he can get denied because:

1- we are both currently unemployed but have more than sufficient funds to care for ourselves- we sent a bank statement along with his application to prove this.

2- since we are here without proper paperwork, will this affect his application?

My husband has 3 eea permits issued by the british embassy in dublin, over a period of 3 years prior to our moving here. he also has an irish residency card that is valid for the next 5 years.
Any advice will be totally appreciated, because I am a nervous wreck right now. We need to get out of here asap!!!

[86ti]

Neither should be a reason for rejection, see UKVisas for details. Since your husband has Irish residency, as you say, why not go to Ireland first? From what I hear it is quite easy to enter the UK from there without a visa.

[crapstone]

Thanks 86ti. We want to go directly to the UK, and not via Ireland.... do you think there is a chance we can get denied?

[86ti]

Thanks 86ti. We want to go directly to the UK, and not via Ireland.... do you think there is a chance we can get denied?

Well, the problem is that embassies do not always know the rules apparently and you may have to fight your way through. In principle, however, it shouldn't be necesary to give them financial information at all. EU law clearly states that a stay less than first three months is only conditional on a valid passport and if necessary a visa for the non-EEA national. Of course, you will also have to proof the relationship, i.e. with a marriage certificate. If the embassy follows the rules faithfully that should be all you need.

[crapstone]

Thank you for your quick response. Proof of marriage is not a problem at all, we got married in 2003, and have 1 child together... we included the marriage cert with his application.