Can I apply for EEA Family Permit while in UK as tourist ?

[dave_mc]

Hello,

I am a US Citizen living in the States, and my wife is Irish and works and lives in the UK. I would like to join her in the UK. Can I fly to the UK and enter on a tourist stamp and then go to the immigration council and apply for a EEA Family Permit? Or do I have to apply for that EEA permit before coming over?



Thanks!

[Jersey]

You have to apply in the country of your origin before coming to the UK.

[sm97os]

I would like to know this as well.

[dave_mc]

You have to apply in the country of your origin before coming to the UK.

I figured as much, but I was asking since I am a non-Visa national and would be allowed to enter as a visitor up to 6 months. I thought perhaps that since my wife was exercising her treaty rights, I could just apply while in the UK? Also I saw this on the ukvisas.gov.uk site:

EUN2.2 Where can an EEA family permit be issued?

EEA family permits may be obtained from any visa issuing post. It is not necessary for an applicant to be lawfully or normally resident in the country to apply.

That is what led me to believe that I could apply in London.

Anyone know if this is possible? Thanks.

[86ti]

EUN2.2 Where can an EEA family permit be issued?

EEA family permits may be obtained from any visa issuing post. It is not necessary for an applicant to be lawfully or normally resident in the country to apply.

That is what led me to believe that I could apply in London.

Yes, that's right but the crucial point is visa issuing post.

What you, however, want to apply for is a residence card on form EEA2 as soon as you have arrived in the UK. Since you are not a visa national you should be able to enter the UK without the FP (which is just an entry clearance). But be prepared to proof your relationship and the status of your wife to the immigration officers.

[dave_mc]

EUN2.2 Where can an EEA family permit be issued?

EEA family permits may be obtained from any visa issuing post. It is not necessary for an applicant to be lawfully or normally resident in the country to apply.

That is what led me to believe that I could apply in London.

Yes, that's right but the crucial point is visa issuing post.

What you, however, want to apply for is a residence card on form EEA2 as soon as you have arrived in the UK. Since you are not a visa national you should be able to enter the UK without the FP (which is just an entry clearance). But be prepared to proof your relationship and the status of your wife to the immigration officers.

Sweeeeeet. I thought that since it was a landing clearance only and I didnt need that anyway, I was good to go. THANK YOU!

[sm97os]

So when entering the country, just tell the immigration officer that I am here to join my wife and show him the marriage certificate? Or should I just tell them I am here to visit so there is no chance of a hassle or refusal?

thanks

[86ti]

So when entering the country, just tell the immigration officer that I am here to join my wife and show him the marriage certificate? Or should I just tell them I am here to visit so there is no chance of a hassle or refusal?

Are you a visitor? Keep in mind that as a genuine visitor you would have to show sufficient means to support yourself, travel insurance, return tickets, etc. As a spouse the marriage certificate should suffice though some proof that the EEA spouse is in the country and does indeed exercise treaty rights may be required too.

[sm97os]

So when entering the country, just tell the immigration officer that I am here to join my wife and show him the marriage certificate? Or should I just tell them I am here to visit so there is no chance of a hassle or refusal?

Are you a visitor? Keep in mind that as a genuine visitor you would have to show sufficient means to support yourself, travel insurance, return tickets, etc. As a spouse the marriage certificate should suffice though some proof that the EEA spouse is in the country and does indeed exercise treaty rights may be required too.

Good point. Also, if I enter on a visitor stamp, I would not be considered a resident until the EEA2 app was approved, which could take 7 months or more. That means I cannot work or anything either, correct? But if I entered on the EEA Family permit, I could work right away?

Thanks!

[86ti]

Also, if I enter on a visitor stamp, I would not be considered a resident until the EEA2 app was approved, which could take 7 months or more. That means I cannot work or anything either, correct? But if I entered on the EEA Family permit, I could work right away?

Your rights (also the one to work right away) are automatic through your relationship with the EEA national. The application for a residence card is optional in the UK but in practice you may find it difficult to convince a prospective employer of your rights if you do not have some fancy sticker in your passport. The EEA FP may be helpful but the employer may believe that your status is only valid for the first six months.

[sm97os]

Also, if I enter on a visitor stamp, I would not be considered a resident until the EEA2 app was approved, which could take 7 months or more. That means I cannot work or anything either, correct? But if I entered on the EEA Family permit, I could work right away?

Your rights (also the one to work right away) are automatic through your relationship with the EEA national. The application for a residence card is optional in the UK but in practice you may find it difficult to convince a prospective employer of your rights if you do not have some fancy sticker in your passport. The EEA FP may be helpful but the employer may believe that your status is only valid for the first six months.

Thank you, you are very helpful. So the best plan of action:

1. Go to London, show IO the marriage cert, and other docs relating to my spouse exercising her treaty rights. Hopefully get in.
2. Apply straight away for the EEA2 Visa.
3. Begin looking for employment.

Maybe I am oversimplifying it?

[86ti]

So the best plan of action:

1. Go to London, show IO the marriage cert, and other docs relating to my spouse exercising her treaty rights. Hopefully get in.
2. Apply straight away for the EEA2 Visa.
3. Begin looking for employment.

Maybe I am oversimplifying it?

Yes, that's probably the best approach. I can't see that there would be anything else to do except a careful preparation of your documents for each step.

[sm97os]

So the best plan of action:

1. Go to London, show IO the marriage cert, and other docs relating to my spouse exercising her treaty rights. Hopefully get in.
2. Apply straight away for the EEA2 Visa.
3. Begin looking for employment.

Maybe I am oversimplifying it?

Yes, that's probably the best approach. I can't see that there would be anything else to do except a careful preparation of your documents for each step.

Thanks again, you are a lifesaver!

[dave_mc]

I was talking to someone about this and they said that if you don't have the EEA FP, then it will be impossible to get an employer to look at you, open a bank account, or get any recognition at all.

What doesnt make sense is that if the EEA FP is a stamp on the passport and the passport goes with the EEA2 app for 6 months, how would you have proof anyway?

Also, will no EEA FP, will I have a problem getting back into the country if I leave? What happens if my EEA2 hasn't been approved within the 6 months?

Thanks!

[Wanderer]

I was talking to someone about this and they said that if you don't have the EEA FP, then it will be impossible to get an employer to look at you, open a bank account, or get any recognition at all.

What doesnt make sense is that if the EEA FP is a stamp on the passport and the passport goes with the EEA2 app for 6 months, how would you have proof anyway?

Also, will no EEA FP, will I have a problem getting back into the country if I leave? What happens if my EEA2 hasn't been approved within the 6 months?

Thanks!

For me, this is the main downfall of the EEA route - free is good of course but UKBA give them a low priority I suspect because they don't get in income from them, and in todays target-led, performance-centric environment that's only gonna get worse.

Profit from visas, UK plc....

[vinny]

Possible to enter the UK under 11(4) and subsequently apply for EEA2.

Regarding work, see also guidance booklets for United Kingdom employers.

[sm97os]

Quick question, we are getting married on June 27th and I am flying back on June 30th to London. We will have to receive the marriage certificate in the mail about a week later. Will pictures of the wedding and the marriage license be enough to convince IO that its a real wedding or will we need the certified marriage cert?

Thanks.

[PaperPusher]

I doubt that would be good enough as robust evidence of being married, they are just pictures and a notice saying that you will be getting married as far as I am aware.

[pol]

Hello there. I am trying to get a family permit for my wife here in the US.
Can she apply to the permit in the United States if she has an illegal status?
I was reading the FAQS and I found : "It is not necessary for an applicant to be lawfully or normally resident in the country to apply".
I would really appreciate somme help.

Thanks.

[Ben]

Hello there. I am trying to get a family permit for my wife here in the US.
Can she apply to the permit in the United States if she has an illegal status?

Yes.