EEA family perimt granted - requirements to enter the county

[miko77]

Hello,

my wife got granted an EEA family permit (she is from Venezuela). We currently both live in Germany (I am German). We think about moving to the UK, but we are not 100% sure yet. Time will tell.

What we do not fully understand:

1) Do I have to go with here if she enters the UK the first time?
2) And do I have to be with her every time she enters the UK?
3) If I am already in the UK, can she enter without me? (Do I have to be at the airport to pick her up?)
4) Should I be in Germany, can she enter the UK on her own?

Many thanks!

[Lucapooka]

Much depends on how curious or inquisitive the Border Force officer is when she arrives and what evidence of your presence may be requested, but generally:

1) Do I have to go with here if she enters the UK the first time? Yes, unless you are already present in the UK, otherwise she must enter under UK immigration rules by applying for a visit visa

2) And do I have to be with her every time she enters the UK? You have to be with her or already present inside the UK.


3) If I am already in the UK, can she enter without me? (Do I have to be at the airport to pick her up?). No, you don't have to greet her and can stay at home

4) Should I be in Germany, can she enter the UK on her own? Not with an EEA permit; she would need a UK visit visa but if she subsequently applies for a residence card you can spend limited periods outside the UK and she can enter without you and where you are not present in the UK

http://www.ukba.homeoffice.gov.uk/eucit ... ly-permit/

[miko77]

Thanks!

One question though: My wife is from Venezuela, so she actually does not need a visa to ENTER the UK at all. Do i understand correctly that the family permit takes rights away from her?

Or maybe she can just tell the Border Officials that she is entering the UK as a national of Venezuela, not with the EEA family permit. Would that work?

[Lucapooka]

My wife is from Venezuela, so she actually does not need a visa to ENTER the UK at all [...] Or maybe she can just tell the Border Officials that she is entering the UK as a national of Venezuela, not with the EEA family permit. Would that work?

That's correct, VZ passport holders can get entry clearance on arrival if the passport has a biometric chip. Nevertheless, it is a visa that is issued on arrival and there are certain conditions that apply to her entry being granted. If she entered the UK under UK rules as a visitor (in situations without you being with her or present) she would need to show that she had every intention to visit and then leave. But it appears from what you have stated that she wants to live there so that is something that has to be addressed.

[miko77]

Thanks again.

Well, her situation is the following:

We both used to live in the UK for more than four years. We still have lots of ties to the UK. In case of friends and also business partners.

In the next three months she needs to enter at least for the following reasons:
1) Her former boss offered her a freelance contract job. For a few weeks (initially) Mon-Fri. It's paid well and the company pays for flights and hotel.
2) We are invited to a wedding in the UK.

In a sense, the fact that we think about moving back to the UK is a separate issue. (Well, it has to do with that job of hers. It's a good job and she could not find work in Germany. (Her German is not that good.))

So, she is from VZ, has a biometric passport, and is married to a EEA national.

If she does not intend to stay/live in the UK, can she enter the UK for the first of the above reasons? (Without an EEA family permit, I mean. If I go with her she can, I know that.)

And although we most likely will be traveling together, it should not be a problem for her to enter the UK for the second of the above reasons, right?


Sorry for all the questions, I am just trying to understand the situation. But that does not seem to be that easy...