EEA Family Permit Processing time

[jessy_h93]

Hi,

I'm planning to apply for my Husband's EEA family permit at the end of next month. I have a few questions in regards to the supporting documents I need to provide with the applicationplication.

My husband lives in Bangladesh and I'm an Austrian citizen who currently living in the UK. I've been in the UK for the past 8 years (I've gone to secondary school, sixth form and university here)
I've been working full-time time for the past 3 months.

Is it enough if I provide 3 payslips with application? I've been told that my application might be rejected if I don't provide at least 6 payslips. Can you please help me out with this.

Also with Brexit coming in, do you think it would be better and safer to bring my husband via spouse visa or eea family permit?

[dan1988uk]

Hi, you must be a British citizen or hold Permanent Residence in the UK to sponsor your spouse for a family visa, and you must earn the threshold amount to show that you can support yourself and your spouse (18.600£ per year).
EEA Family permit is free and personally I think it's easier. You can sponsor your spouse just showing them that:
1) your relationship is genuine
2) you intend to live together with your spouse
3) you live in the UK exercising treaty right

When we applied for my wife I haven't been living in the UK so I applied as a "jobseeker" (I wrote a cover letter explaining them that I want to find a job in the UK and I want my wife with me). You are already in the UK so you just have to show that you are a "qualified person", and you have a job, so you are, no matter when you started working.
We also attached pictures of us and our families and Facebook posts and comments.

Good luck, viel glück!

[ribena]

As you are an EU citizen, your route would be family permit.
Spouse visa don't apply to you.

[jessy_h93]

Hey dan thank you for your advice. Do you know how many payslips I got to show them when I'll be making the application? Or does it not matter as long as I have a job?

Hi, you must be a British citizen or hold Permanent Residence in the UK to sponsor your spouse for a family visa, and you must earn the threshold amount to show that you can support yourself and your spouse (18.600£ per year).
EEA Family permit is free and personally I think it's easier. You can sponsor your spouse just showing them that:
1) your relationship is genuine
2) you intend to live together with your spouse
3) you live in the UK exercising treaty right

When we applied for my wife I haven't been living in the UK so I applied as a "jobseeker" (I wrote a cover letter explaining them that I want to find a job in the UK and I want my wife with me). You are already in the UK so you just have to show that you are a "qualified person", and you have a job, so you are, no matter when you started working.
We also attached pictures of us and our families and Facebook posts and comments.

Good luck, viel glück!

[Richard W]

EEA Family permit is free and personally I think it's easier. You can sponsor your spouse just showing them that:
1) your relationship is genuine
2) you intend to live together with your spouse
3) you live in the UK exercising treaty right

You must be getting confused with EU law. Under British law, as thrown together by the Home Office clearly without any proper scrutiny by Parliament*:

“marriage of convenience” includes a marriage entered into for the purpose of using these Regulations, or any other right conferred by the EU Treaties, as a means to circumvent—
(a) immigration rules applying to non-EEA nationals (such as any applicable requirement under the 1971 Act to have leave to enter or remain in the United Kingdom); or
(b) any other criteria that the party to the marriage of convenience would otherwise have to meet in order to enjoy a right to reside under these Regulations or the EU Treaties;

The relationship may be genuine, but the marriage may still be one of convenience!

*Parliament had the opportunity, but from the howlers it seems not to have been availed of.

[dan1988uk]

Hey dan thank you for your advice. Do you know how many payslips I got to show them when I'll be making the application? Or does it not matter as long as I have a job?

Hi, you must be a British citizen or hold Permanent Residence in the UK to sponsor your spouse for a family visa, and you must earn the threshold amount to show that you can support yourself and your spouse (18.600£ per year).
EEA Family permit is free and personally I think it's easier. You can sponsor your spouse just showing them that:
1) your relationship is genuine
2) you intend to live together with your spouse
3) you live in the UK exercising treaty right

When we applied for my wife I haven't been living in the UK so I applied as a "jobseeker" (I wrote a cover letter explaining them that I want to find a job in the UK and I want my wife with me). You are already in the UK so you just have to show that you are a "qualified person", and you have a job, so you are, no matter when you started working.
We also attached pictures of us and our families and Facebook posts and comments.

Good luck, viel glück!

One or two are enough + a letter from your employer that states that you are working there.

[dan1988uk]

EEA Family permit is free and personally I think it's easier. You can sponsor your spouse just showing them that:
1) your relationship is genuine
2) you intend to live together with your spouse
3) you live in the UK exercising treaty right

You must be getting confused with EU law. Under British law, as thrown together by the Home Office clearly without any proper scrutiny by Parliament*:

“marriage of convenience” includes a marriage entered into for the purpose of using these Regulations, or any other right conferred by the EU Treaties, as a means to circumvent—
(a) immigration rules applying to non-EEA nationals (such as any applicable requirement under the 1971 Act to have leave to enter or remain in the United Kingdom); or
(b) any other criteria that the party to the marriage of convenience would otherwise have to meet in order to enjoy a right to reside under these Regulations or the EU Treaties;

The relationship may be genuine, but the marriage may still be one of convenience!

*Parliament had the opportunity, but from the howlers it seems not to have been availed of.

Once you provide evidences that your relationship is genuine like pictures, Facebook posts and messages, etc. how can they prove that the marriage is on convenience?

"When a marriage / civil partnership of convenience is suspected, the burden of proof is high and rests with the ECO. However, in these cases the ECO is entitled to interview the applicant. Factors to consider include:

an adverse immigration history;
doubts about the validity of documentation;
application follows soon after the marriage / civil partnership;
no previous evidence of the relationship."

These are the guidelines: if a relationship is genuine there will be no problems.

[jessy_h93]

Hi,

How long does it usually take to get a EEA family permit? Also does it need to be applied from outside the UK? or can I apply for my husband from London?

[CR001]

EEA Family Permit (valid for 6 months) is applied for from outside the UK. How long it takes depends on where he applies from.

If he is in the UK, he applies for a residence card (valid for 5 years). These applications can take 6 months, sometimes longer.

[jessy_h93]

Thank you for your prompt reply. Would I need to submit my passport?

[CR001]

Yes but you can request it back after two weeks I believe.

[jessy_h93]

Great and one more question. When should I apply for my husbands permit? He can't move to UK before the 10th of January 2018. Do I need to apply 3 months before the intended travel date?

[CR001]

If applying from abroad, he can apply at anytime. It will be valid for 6 months and once he is in the UK, he can apply for the 5 year residence card assuming you are an EU citizen (non British) and exercising treaty rights as a qualified person.

It would have been helpful if you continued in your previous topic though, now merged.

[jessy_h93]

My husband (non - eea national) is currently not working. Does he need to be working? Or is it fine if he is unemployed right now?

[Richard W]

These are the guidelines: if a relationship is genuine there will be no problems.

Don't be so sure - see https://www.freemovement.org.uk/genuine ... igh-court/

[machara28]

Richard w
do you have experience?