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Hi,

I've one quick question. My brother's wife is a Danish national. They were living in Denmark. My brother applied for visit visa of UK and they both moved to UK. My brother's wife started working in UK. Can my brother apply for EEA family permit within UK as he is here in UK on visit visa?

My brother is planning to apply next week. His document list is
1. His wife's salary slips (working in UK)
2. His wife's job contract (working in UK)
3. Marriage certificates (to proof genuine relation)
4. Documents of their previous home in Denmark where they lived 11 years together (to proof genuine relation)
5. Their kids birth certificate (to proof genuine relation)

Are these documents enough? Can my brother apply within UK as he is here in UK on visit visa?


I request the gurus to please answer my question.

Thanks

You can not apply for an EEA Family Permit from within the UK, but that is OK because it is not really needed. Your brother needs to apply for a Residence Card.

He will need to submit only the following:
- Danish wife's ID card OR passport
- His passport.
- Their marriage certificate
- Either one of the wife's pay slips OR the job contract
I personally would never submitting anything additional. But you need to make your own choice.

Why did he apply for a visit visa rather and an EEA Family Permit before travelling to the UK? How much did he have to pay for the application?

Does he need to work soon?

He thought it would be easy to get EEA permit once in UK, that's why he applied for the visit visa first. He paid nothing as he travelled with his wife. Yes he needs to start work as soon as he gets the visa/residence permit. Can you please let me know which application form he needs to fill to apply for residence permit?

Can he still apply from within UK or he needs to go back?

Thanks

Directive/2004/38/EC wrote:You can not apply for an EEA Family Permit from within the UK, but that is OK because it is not really needed. Your brother needs to apply for a Residence Card.

He will need to submit only the following:
- Danish wife's ID card OR passport
- His passport.
- Their marriage certificate
- Either one of the wife's pay slips OR the job contract
I personally would never submitting anything additional. But you need to make your own choice.

Why did he apply for a visit visa rather and an EEA Family Permit before travelling to the UK? How much did he have to pay for the application?

Does he need to work soon?

See How to apply for residence documents as the non-EEA family member of an EEA national.

You can only apply from within the UK.

Thanks very much for the info. It helped a lot.

Jambo wrote:See How to apply for residence documents as the non-EEA family member of an EEA national.

You can only apply from within the UK.

smartkhan wrote:He thought it would be easy to get EEA permit once in UK, that's why he applied for the visit visa first. He paid nothing as he travelled with his wife. Yes he needs to start work as soon as he gets the visa/residence permit. Can you please let me know which application form he needs to fill to apply for residence permit?

Can he still apply from within UK or he needs to go back?

It sounds like he already has an EEA Family Permit. It is one of the only UKBA visas that does not cost anything.

Now that he is in the UK, he needs to apply for a Residence Card.

Note that he can also use his EEA FP as proof of his right to work, at least until it expires.

Hi,

No! He doesn't have EEA FP. He has visit visa. He's been travelling to UK on free cost visit visa for last 10 years. The limitations of free cost visit visa is that he can only travel to UK with his EU partner. He can not travel alone. If he want to travel alone then he have to pay the visa fees.

You're right he needs to apply residence card which he'll apply next week as he has got all the required documents.

Thank very much.

Directive/2004/38/EC wrote:

smartkhan wrote:He thought it would be easy to get EEA permit once in UK, that's why he applied for the visit visa first. He paid nothing as he travelled with his wife. Yes he needs to start work as soon as he gets the visa/residence permit. Can you please let me know which application form he needs to fill to apply for residence permit?

Can he still apply from within UK or he needs to go back?

It sounds like he already has an EEA Family Permit. It is one of the only UKBA visas that does not cost anything.

Now that he is in the UK, he needs to apply for a Residence Card.

Note that he can also use his EEA FP as proof of his right to work, at least until it expires.

smartkhan wrote:No! He doesn't have EEA FP. He has visit visa. He's been travelling to UK on free cost visit visa for last 10 years. The limitations of free cost visit visa is that he can only travel to UK with his EU partner. He can not travel alone. If he want to travel alone then he have to pay the visa fees

That is exactly what an EEA FP is. Why do you think he does not have one?

Did he use form VAF5 to apply for the visa he has?

Sometimes I wonder if it would be better if the actual person with the immigration query asks the question rather than their brother or their friend, or the friend of the brother's friend.

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Hi Directive/2004/38/EC,

You were 100% right. I just checked his passport. Visa type is "VISA EEA FP: FAMILY MEMBER TO ACC [WIFE NAME]".

He applied it online so I'm not sure what form did he fill. He'll apply for the resident card next week. In the mean time he'll start applying for the jobs as you mentioned he is eligible to work. He'll also need to apply for National Insurance Number first.

Thanks very much for the info.

Directive/2004/38/EC wrote:

smartkhan wrote:No! He doesn't have EEA FP. He has visit visa. He's been travelling to UK on free cost visit visa for last 10 years. The limitations of free cost visit visa is that he can only travel to UK with his EU partner. He can not travel alone. If he want to travel alone then he have to pay the visa fees

That is exactly what an EEA FP is. Why do you think he does not have one?

Did he use form VAF5 to apply for the visa he has?

Hi,

Sometime some people don't have enough time for this type of paper work or some people find it hard so they find a person who has more information. As long as someone is asking politely for immigration information on this forum then all is well.

EUsmileWEallsmile wrote:Sometimes I wonder if it would be better if the actual person with the immigration query asks the question rather than their brother or their friend, or the friend of the brother's friend.

smartkhan wrote:
Sometime some people don't have enough time for this type of paper work or some people find it hard so they find a person who has more information. As long as someone is asking politely for immigration information on this forum then all is well.

Asking on behalf of someone is absolutely fine; no problem with that, but if one does, at least try and get the terminology right.

May I know the correct terminology please?

EUsmileWEallsmile wrote: Asking on behalf of someone is absolutely fine; no problem with that, but if one does, at least try and get the terminology right.