Applying for EEA Family Permit while on work visa

[akimp]

Hi, hopefully someone can help me on several specific questions.

I'm EEA national and my wife is Non-EEA citizen (Russia).
We both live and work in UK for about a year.
I have Residence certificate as EEA national exercising Treaty Rights (work).
My wife is on Tier-2 General work visa.

We would like to get EEA Family Permit for her, but I couldn't find answers to the following questions:
1) Can she apply while on work visa in the UK, without work interruption and not leaving UK?
2) How she should apply (what is the correct form, whether to apply online or by post)?
3) What are processing times for such applications?

Many thanks!

[Lucapooka]

EEA Family permits are issued outside the UK in order to enter the UK. Your wife needs (although not a compulsory measure) to apply for a Residence Card EEA2

http://www.ukba.homeoffice.gov.uk/eucit ... /applying/

[Jambo]

There is no issue having a Tier-2 visa in parallel to a EEA Residence Card (although not much sense financially).

Application is only by post and takes 3-4 months normally.

[akimp]

Wow, I was looking into completely wrong direction...
Many thanks for both your answers. Very helpful! Will look into residence cards in more detail.

Btw, you both noticed that it doesn't make sense to apply for residence card in addition to visa.
As far as I understand it does since:
1) Non-EEA nationals can only travel to Schengen area with Schengen visa when on Tier-2 in UK.
2) Tier-2 visa is tied to single employer, you cannot change employer.

[Directive/2004/38/EC]

Residence Card is the way to go. Once you have it you can travel to many (it should be all) other EU member states without a visa.

How long have you been married?

[Jambo]

The terminology might confuse you. Although it is called a "card". The Residence Card acts as a visa and is in fact a sticker in the non EEA passport.

1) Non-EEA nationals can only travel to Schengen area with Schengen visa when on Tier-2 in UK.

Not true. You need a valid permission to stay in the UK if you apply for a Schengen visa from the UK. It doesn't need to be a tier-2 visa. Any "visa" is allowed including a Residence Card. In fact, having Residence Card allows you to travel visa free if you travel together.

2) Tier-2 visa is tied to single employer, you cannot change employer.

Don't see any advantage with that. The Residence Card is not tied to a single employer so with it, you can switch jobs if you wish (or stay with the single employer).

[EUsmileWEallsmile]

Hi, hopefully someone can help me on several specific questions.

I'm EEA national and my wife is Non-EEA citizen (Russia).
We both live and work in UK for about a year.
I have Residence certificate as EEA national exercising Treaty Rights (work).
My wife is on Tier-2 General work visa.

We would like to get EEA Family Permit for her, but I couldn't find answers to the following questions:
1) Can she apply while on work visa in the UK, without work interruption and not leaving UK?
2) How she should apply (what is the correct form, whether to apply online or by post)?
3) What are processing times for such applications?

Many thanks!

I completely agree with the other contributors.

Can I ask something? How did your wife end up coming to the UK on a tier 2 visa? Did an employer guide you down that route perhaps? During your application was there any mention of accompanying or joining an EU national - maybe in a covering letter? I know the latter is a little technical, but if the UKBA were given information that your wife would enter with an EU national, the perhaps could have redirected your application to the EU route.

Can I also ask, why did you apply for the certificate of application? The only reason I ask is that EU nationals do not have to apply and are not normally disadvantaged by not doing so. Perhaps this is what prompted you to look into the EU route for your wife?

After 5 years legal residence in the UK, your wife can apply for confirmation of permanent residence. You appear to have entered the UK together. If so, her PR clock started when you entered the UK together.

[Directive/2004/38/EC]

And one year after getting PR, she could if desired apply for British citizenship

[akimp]

Answering your questions.

We have married 1 year ago and she came in UK before that on tier-2 work visa.

We want to apply for residence card for her so that she would freely change employment if needed and would not need visa for EU travel, if it makes sense.

I applied for residence certificate thinking that it will support her application for residence card as well as I believe it will be a good ground for me, and hence for her to apply for British citizenship when time comes.

Does any of it makes sense? Or I'm misunderstanding something in UK and EU immigration policies?

Many thanks for your answers!

[Jambo]

It all make sense. What did not make sense is keeping a tier-2 visa if she can apply for a RC but your last post clears that.

She can apply for RC if she wish using form EEA2. As you already have a Residence Certificate, the application is very simple and easy. It will not affect her existing tier-2 visa. There is no much point extending the tier-2 visa once it expires.