EEA Family permit from overseas?

[derekmortgage]

I am a french citizen living and working in London. My fiance is a singapore national, she was a student in England but moved back to her native singapore upon completion of a masters.

We plan on marrying in singapore and meeting her folks this spring. Ultimately we both want to live together in the UK.

What papers should she apply for to join me back in London?
Someone told us of a EEA Family permit (EEA2) but she's unclear whether this can be obtained or applied for in singapore. Is this document the best route?

Or would she have to fly back to London and then apply for it?

Is the application a long process? If we both need to be in singapore for a long time, then I want to plan around work and squeeze in a longer holiday!

I freelance as a video / graphic designer, and take casual work in between contracts, thus I flitter between self-employment and beimg employed by a company.

Our relationship is genuine; she and I have been together throughout college.

Thanks in advance!

D.

[JA13I]

The EEA2 for the Residence Card is strictly to be applied for while in the UK. If abroad, your fiance should apply for the EEA Family permit. For further information, check the BIA website and post any further questions you may have.

[yankeegirl]

The EEA family permit would be applied for in Singapore, after you marry. It's valid for six months. Once in the UK your wife then applies for a 5-year Residence Card using form EEA2, which can be downloaded from the BIA site.

As far as how long the process takes, it seems to vary from country to country. Try checking out the British Embassy website for Singapore, they might list a time frame.

[derekmortgage]

thank you for the quick response! This forum is a godsend. I was dreading having to pay for legal advice.

[derekmortgage]

Having browsed the UK Visas site and read the EEA FAmily permit application forms, I would like to ask a further question please:

My fiance's form (EEA Family Permit) mentions an EEA Registration Certificate. I currently do not have such a certificate. Her application form says that I do not need to hold such a cert for her application.

My question is, does it help expedite the process for her if I hold such a document?

Of course I'd rather not have to chasing around government departments waiting for paper if this can be avoided. But the priority is being together with her so anything that can help I'd gladly do.

[derekmortgage]

Oh, another question again (sorry!)

Is the process for her EEA Family permit swifter if we both are in her native country when she applies for it?

Or is it better if I'm in England during her application?

This will decide our travel plans and thus my work plans...

thanks

D.

[John]

Under the terms of the EU regulations that came into force on 30.04.06 it is not longer necessary for people such as yourself to use form EEA1 to apply for a Residence Certificate. You can if you want but you do not have to, and if you do the documentation you receive will merely be confirmatory of the rights you already have.

So as long as, when the form VAF5 is submitted, there is evidence from you about you exercising your EU Treaty Rights in the UK, such as payslips and P60 from your employment, there should not be a problem.

Derek, how long have you been exercising EU Treaty Rights in the UK?

[derekmortgage]

So as long as, when the form VAF5 is submitted, there is evidence from you about you exercising your EU Treaty Rights in the UK, such as payslips and P60 from your employment, there should not be a problem.
Derek, how long have you been exercising EU Treaty Rights in the UK?

Thank you, John

I have been in the UK for about 5 years. Part of that time was spent as a graphics and animation student. After completing the course last year, I took waitering and began self-employment as an animations freelancer in September last year.

*self employment is another whole can of worms!

In between the animation work / contracts, I work part-time for various galleries as an ad-hoc assistant.

The very recent nature of my self-employment (Sept 2007) means that while I have a Unique Tax number and some invoices, I do not yet have any self-evaluation forms or tax forms.

After graduating, I did a few weeks of official part-time work, then went straight into self-employment. This has just ended though, so I'm back into casual gallery work again. I am not familiar with a P60 but can ask my employer of this.

I have a proper National Insurance number (and bill) and a Unique Tax number.

[John]

I have been in the UK for about 5 years.

If your wife (as she will be) makes the application when you have been exercising Treaty Rights in the UK for at least 5 years, then another option opens up. You will gain PR status ... Permanent Residence .... on the 5th anniversary of you starting to exercise EU Treaty Rights in the UK. That being the case, your wife could use form VAF4 to apply for a 2-year spouse visa, issued under UK immigration law. Then near the end of that 2 years, she could apply for ILR, and then for Naturalisation after 3 years (assuming you have become a British Citizen in the meantime).

If you stick on the VAF5 route to EEA Family Permit etc., she will get PR status after 5 years in the UK, and then could apply for Naturalisation straight after the PR (if you are then a BC) or after a further year, if you are not.

But do be aware that the EU route is free ... the UK immigration route is not. But in both cases the Naturalisation application will need to be paid for.

[derekmortgage]

Thanks for the insight!

The PR option is good for me as I have numerous college documents and bank statements to show. But - it seems (from the BIA site) that there is more of a wait involved, they are still processing entries from November.

I might just go the original route (VAF5) if it's quicker*

*the british high commission in singapore has no processing times on their site so she'll have to call them and see.

[derekmortgage]

Hello again,

by some turn of events, I am considering going travelling around Asia after my fiance and I get married in singapore. Thus, I might be out of the UK for up to 3 months.

In view that I must be excercising Treaty Rights during her EEA Family Permit Application (i.e. working, as i understand it), would this mean that she can only apply for EEA Family Permit when I am back again working in England?

Ideally we'd like to come back to England at the same time, but it seems the above means she can only join me here later, after I've returned and settled back into work.

It wasn't such an issue before because I only planned to visit her folks and have a short holiday - but since I'll out there in asia the possibility of backpacking 2 months has presented itself

* Apologies if this seems like the same question asked in a different way (again)!


Another option / question:
Would anybody advise the idea of her coming back with me after marriage but on a tourist visa, then aplying for EEA2 once she is in England? Is it a troublesome process?

our info again:
Me - french, living in UK, working freelance + part time
Her - Singapore citizen, graduated in UK, now back in Singapore
Planning to marry in singapore and return to UK

Immigration is a veritable maze of paper!

[thsths]

by some turn of events, I am considering going travelling around Asia after my fiance and I get married in singapore. Thus, I might be out of the UK for up to 3 months.

Be careful, as an absence of more than 3 months may cause you a few problems on the way to Permanent Residence and Naturalisation (if that is your goal).

In view that I must be excercising Treaty Rights during her EEA Family Permit Application (i.e. working, as i understand it), would this mean that she can only apply for EEA Family Permit when I am back again working in England?

No, you can also apply with the intent to exercise your treaty rights. If you have a good amount of money, being self-sufficient is the easiest to prove, and it is a treaty right.

Would anybody advise the idea of her coming back with me after marriage but on a tourist visa, then aplying for EEA2 once she is in England? Is it a troublesome process?

Possibly yes. She can apply for a tourist visa, and then change her mind when she is in England. But if she enters the UK on a tourist visa with the intent of settling, that would be visa fraud. Plus with the EEA Family Permit you know that there will be no trouble at the boarder control.

[Directive/2004/38/EC]

The "EEA family permit" is easy to apply for and quickly issued. Why not apply for that, if your intent is that you will both live in UK? Don't bother complicating your life by applying for a tourist visa.

There is no problem being self employed. Or working only part time.

Note that as a french national, if you have already been resident in the UK for 5 years, that you now already have PR in the UK.

No matter what, you can be absent from the UK for up to six months without any threat to your residence right here.

3. Continuity of residence shall not be affected by temporary
absences not exceeding a total of six months a year, or by
absences of a longer duration for compulsory military service,
or by one absence of a maximum of 12 consecutive months
for important reasons such as pregnancy and childbirth, serious
illness, study or vocational training, or a posting in another
Member State or a third country.

Relax and read up on Directive 2004/38/EC

[JAJ]

Thanks for the insight!

The PR option is good for me as I have numerous college documents and bank statements to show. But - it seems (from the BIA site) that there is more of a wait involved, they are still processing entries from November.

You don't need the EEA stamp to prove you are a PR, although it would probably reduce the level of confusion in the Home Office.

Does your fiance want to become a British citizen? And do you?

The answers to those questions will clarify your options.

[derekmortgage]

In view that I must be excercising Treaty Rights during her EEA Family Permit Application (i.e. working, as i understand it), would this mean that she can only apply for EEA Family Permit when I am back again working in England?

No, you can also apply with the intent to exercise your treaty rights. If you have a good amount of money, being self-sufficient is the easiest to prove, and it is a treaty right.

That's good news, though our finances may be low after some travelling - what, for the application process, would constitute a "good amount of money"? Am I right that a bank statement would do for this?

As to whether I/we become British citizens, it's not something we've chatted about yet. I guess becoming one would make life easier for her if we decided to move to France or elsewhere in Europe. (please correct me if i'm wrong)

Thank you again for all the generous responses. I'm genuinely surprised by the number of helpful, informed people (who haven't tried to charge me!) I think not knowing can be a big cause of stress, but this place has helped dispell that.

[Ben]

Singapore does not permit dual nationality. It does not allow it's citizens to become a citizen of another country. It's one of the questions the ICA ask when a Singapore citizen applies to renew their passport (have you become a citizen of another country?). I'd advise against it.

In any case, Singapore citizens enjoy visa free travel to many countries worldwide, including those in Europe and North America. A Singapore citizen will certainly be able to enter more Asian countries without a visa, than a British or French citizen.

[derekmortgage]

Hello again everyone!

At the time of writing this, my lovely wife and I are now travelling through thailand, laos

Some new information has surfaced which we'd appreciate advice for.

It turns out that though my partner overstayed for a couple of years during the time she's been in england; she left on her own accord without any hassle. This was noted by the airport staff on her way out.

Will the overstaying affect her application for an EEA Family Permit?

Granted it's naughty in the eyes of the law, but not quite on the same level as violent crime.

Lindy was in singapore before April 1st (what with the new laws kicking in regardinmg overstayers).

We plan to travel back to london together in mid july, and are probably going to fill in the permit forms this week. Any advice would be appreciated.

[ribena]

The EEA family permit would be applied for in Singapore, after you marry. It's valid for six months. Once in the UK your wife then applies for a 5-year Residence Card using form EEA2, which can be downloaded from the BIA site.

As far as how long the process takes, it seems to vary from country to country. Try checking out the British Embassy website for Singapore, they might list a time frame.

Hiya,
you dont have to be married to your gf to apply for eea fp. u can applied as a unmarried partner in a durable relationship.