EEA Family Permit

[freya]

I have been living in the UK for the past 4 and a half years on a German passport. I am getting married soon to a South African who is already living and working here on a 5 year working permit (for the past year). He wishes to apply for an EEA Family Permit, however I have not had full time work for over 6 months - I have only temped now and then whilst my fiance supported us. My bank account therefore shows that at present I cannot support both of us. Will an EEA Family Permit be issued under these circumstances or do I need to get a permanent job first? Any advice appreciated! Thanks.

[smalldog]

Hi Freya,

You don't need to be working full-time. What's important is that you can show you are working and thus exercising your treaty rights. You aren't required to show that you can support yourselves.

Family permits are issued outside the UK; as you are in the UK your husband should apply to the Home Office, once you are married, for a residence card using form EEA2:

http://www.ind.homeoffice.gov.uk/6353/1 ... rmeea2.pdf

These are currently taking about 4 months to process.

[John]

Freya, what is the long-term aim here? For your husband, as he will be, to get Permanent Residence status in the UK and then Naturalisation?

And do you have Permanent Residence in the UK? I ask because until 03.04.06 you could apply for that after four years exercising treaty rights in the UK. Now the requirement is 5 years.

If you do have Permanent Residence in the UK ... that is, ILR ... your husband could apply for a spouse visa ... leading to ILR two years later. And if in the meantime you have acquired British Citizenship, after he gets his ILR then he could well be time-qualified to apply for Naturalisation as British as soon as he gets his ILR.

If you have not already got Permanent Residence then you could apply for that as soon as you have been exercising treaty rights for 5 years in the UK. And then after you get that your husband could apply for his spouse visa.

Incidentally, where in the world do the two of you plan to marry?

[freya]

Thanks for the replies!

Well really the aim is to for my husband to be able to work anywhere in the UK/Europe, that is at the moment he can only stay with the company who has sponsored him a work permit, however if he obtained an EEA Family Permit, we would be able to work anywhere in the UK or Europe and not be restricted to one place?

Unfortunately I don't have Permanent Residence here yet, as I haven't been living here for five years.

I asked about my working permanently because on the EEA2 form you have to supply details about your current employer, provide payslips etc. If I only temp for a few days here and there, I'm not sure what I'm supposed to supply!

We plan to marry in the UK.

[JAJ]

Thanks for the replies!

Well really the aim is to for my husband to be able to work anywhere in the UK/Europe, that is at the moment he can only stay with the company who has sponsored him a work permit, however if he obtained an EEA Family Permit, we would be able to work anywhere in the UK or Europe and not be restricted to one place?

Just the UK. He'd need a different permit if working in another country.

If he becomes naturalised British then he can work anywhere he likes.