EEA FAMILY PERMIT. HELP PLEASE

GETAFE · Post by **GETAFE** » Sun May 06, 2012 6:02 pm

Hi.
We are moving to England. I am an EEA member but my husband is Australian.
I have read online that we need to apply for a Family permit before he enters the country and while there, applying for residence. But, Can we apply for the permit while I am in Spain or do I need to live in England before that? Our plans are going all together, with the children.
Please advise.
thanks

Post by **EUsmileWEallsmile** » Sun May 06, 2012 6:24 pm

GETAFE wrote:Hi.
We are moving to England. I am an EEA member but my husband is Australian.
I have read online that we need to apply for a Family permit before he enters the country and while there, applying for residence. But, Can we apply for the permit while I am in Spain or do I need to live in England before that? Our plans are going all together, with the children.
Please advise.
thanks

I take it that you are a national of one of the EU states.

Your Australian husband is not a visa national and so does not need a visa (EEA family permit).

He can apply for a residence card if you exercise treaty rights in the UK (working, student, self-sufficient).

GETAFE · Post by **GETAFE** » Sun May 06, 2012 6:55 pm

Hi
Yes I am Spanish and He is Australian.
I thought he needed to apply before going into the country. So, what does he do? He enters like he is going on holidays and then apply for residence while we are over there?
thanks

Post by **EUsmileWEallsmile** » Sun May 06, 2012 7:40 pm

GETAFE wrote:Hi
Yes I am Spanish and He is Australian.
I thought he needed to apply before going into the country. So, what does he do? He enters like he is going on holidays and then apply for residence while we are over there?
thanks

He certainly could do that or he could enter under 11.4 of the regulations. I'll dig out the links for you.

Post by **EUsmileWEallsmile** » Sun May 06, 2012 7:42 pm

The regulations
http://www.legislation.gov.uk/uksi/2006 ... tents/made

Post by **EUsmileWEallsmile** » Sun May 06, 2012 7:44 pm

Also this (what happens on arrival)

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Post by **EUsmileWEallsmile** » Sun May 06, 2012 7:46 pm

...and this (immigration directorate instructions)

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Post by **EUsmileWEallsmile** » Sun May 06, 2012 7:50 pm

He can of course apply for a family permit if he prefers. It will mean a trip to Madrid to give fingerprints and to be photographed. While the visa will be free, he will be charged eu14 for courier. He will be without passport while the application is being decided, which could be up to three weeks.

Once in the UK, there is nothing to stop him applying for a residence card whether he has or does not have a family permit.

GETAFE · Post by **GETAFE** » Sun May 06, 2012 8:04 pm

thanks so much for all your help. Just one last thing. I have to be the sponsor and either work, study. But, I really dont want to work there. He is the one that will be working and I will stay home with the children. Can I just register in the job centre or will the decline the application for finantial reasons? I have seen they ask lots of info about savings and stuff.

Post by **EUsmileWEallsmile** » Sun May 06, 2012 8:12 pm

GETAFE wrote:thanks so much for all your help. Just one last thing. I have to be the sponsor and either work, study. But, I really dont want to work there. He is the one that will be working and I will stay home with the children. Can I just register in the job centre or will the decline the application for finantial reasons? I have seen they ask lots of info about savings and stuff.

If you are not working, but relying on his income, you could be considered to be self-sufficient. For that you need to have comprehensive sickness insurance for all family members. Make sure you have EHIC from Spain in the first instance.

http://ec.europa.eu/social/main.jsp?catId=509&langId=es (no tengo las enlaces de tu pais)

Post by **EUsmileWEallsmile** » Sun May 06, 2012 8:13 pm

Also well worth reading this;

http://europa.eu/legislation_summaries/ ... 152_es.htm

GETAFE · Post by **GETAFE** » Sun May 06, 2012 8:17 pm

thanks so much for your help!!!!

GETAFE · Post by **GETAFE** » Mon May 07, 2012 3:11 am

Do you know if he can work while the visa is being processed? I have just read that it can take up to 6 months. Or do we need to apply for the family permit here before we go so he can work over there?

Post by **vinny** » Mon May 07, 2012 3:54 am

If you are a qualified person, then he may work.

Post by **EUsmileWEallsmile** » Mon May 07, 2012 7:54 pm

GETAFE wrote:Do you know if he can work while the visa is being processed? I have just read that it can take up to 6 months. Or do we need to apply for the family permit here before we go so he can work over there?

Once in the UK, he can apply for a residence card (you perhaps refer to it as a visa, but it is not). Once he applies for this, he will be given a certificate that can be used to show entitlement to work. The overall application can take up to six months, but in general current times are more like three to four months.

He does not require a family permit (this is a visa) to apply for a residence card.

Tam2710 · Post by **Tam2710** » Wed May 23, 2012 10:13 pm

Hi there, can someone give me a number that I can call where they are able to fully confirm that my spouse is eligible for the family permit through me? I am a UK citizen (always lived there) with a Dutch passport (never lived there) now living in Chile. I read somewhere (Surinder Singh case) that I need to have lived in an EA member state if I am a british citizen before moving back to the UK but I'm thinking what if I have an EU passport, would just having the passport qualify? I truly need some help here

Post by **EUsmileWEallsmile** » Wed May 23, 2012 10:26 pm

TAM2710,

You've asked this question a number of times. You are a Dutch passport holder who was born in the UK (and entitled to UK citizenship). Apply as a Dutch person, it's the passport you use in daily life and you will be fine.

(Also, your family members are not visa nationals).

nat & owa · Post by **nat & owa** » Fri May 25, 2012 2:02 pm

at GETAFE.... can I ask how your situation with your husbands residence card is progressing? And also how they treated him at the UK border (if he came without the Family Permit) ?

at ANYONE WHO CAN HELP....I am a UK citizen, my husband is Paraguayan, also a non-visa national. We are living in Spain, we were planning on applying for the FAMILY PERMIT and return to the UK together, but this endeavours that I had to have been employed or self-employed in the eu state (spain in this case). We now dont think he can apply under this category as I, since being in Spain have been workig for a non-profit organisation, on a voluntary but vocational training basis. Therefore we are concerned they will not judge this as émployment´. Can anyone confirm this??
It seems we cant apply for the Family Permit if I go to the UK and he joins me there, as it states in the UKBA website that normally UK citizens cant have their no-EEA family members join them under the Family Permit..... why?!

So, our option is to do what the theme if this conversation was regarding, which is my husband entering as a visitor and we survive until he gets a residence permit and then he can also work...

Any advice hugely appreciateed

Kitty · Post by **Kitty** » Fri May 25, 2012 2:11 pm

nat & owa, do you get anything at all in remuneration from the organisation you do voluntary work for (whether in cash or in kind)? Do you receive training in return for the work you do?

Can you find any paid work in Spain (it does not have to be full time)?

nat & owa · Post by **nat & owa** » Fri May 25, 2012 2:27 pm

Hi Kitty

The organisation provides internships and arts management experience.The gain really is the experience, reference and of course contacts if I wanted to pursue a career in the arts.

So much of the work that I have been offered (on a part-time basis) is ´en negro´, meaning, cash in hand without a contract. The amount of people working in this way here is unfathomable, noone wants to give a contract to anyone recently. What I will and am doing is pursuing in searching, but will it go against my application if say, I get a paid job in spain in June but the appication for the Fmaily Permit is to leave in Septmember... will they scrutinze as to how long my position has been within a company? Or, should I take work without a contract (part.time hours) will a letter from my ´employer´stating that I work for them be ok? Im assuming it needs to be an official contract.

Thanks in advance to any help you can offer.

nat & owa · Post by **nat & owa** » Fri May 25, 2012 2:33 pm

Additionally, the organisation, at the directors discretion, gives very small cash amounts to interns or volunteers that have worked hard on a particular project, and come the event date, if the money made (artists exhibition fees and beer sales at events) is more than the cost of the rent, they will give us the left over cash. But we´re talking a maximum here of 70e every 2 months!

Post by **EUsmileWEallsmile** » Fri May 25, 2012 2:46 pm

nat & owa wrote:Additionally, the organisation, at the directors discretion, gives very small cash amounts to interns or volunteers that have worked hard on a particular project, and come the event date, if the money made (artists exhibition fees and beer sales at events) is more than the cost of the rent, they will give us the left over cash. But we´re talking a maximum here of 70e every 2 months!

How do you support yourself in Spain? Is there any way you can get even part-time paid official employment? That would help your case.

nat & owa · Post by **nat & owa** » Fri May 25, 2012 4:39 pm

I moved to spain with savings, and originally was staying with friends without paying rent, and since I have had part time jobs...but without a contract. I am now looking for official employment. The difficulty is the distinct lack of jobs in spain, particularly for expats. But, no point fretting, it seems I need to get on and get searching harder.

I was confused as to how much significance is put on the EU member having being employed in an EU member state, as a few advisors and other websites state that the UKBA will be more interested in my plans to exercise treaty rights in the UK when I return (hopefully with my husband).

Thanks again

Post by **EUsmileWEallsmile** » Fri May 25, 2012 8:06 pm

nat & owa wrote:I
I was confused as to how much significance is put on the EU member having being employed in an EU member state...

I would say rather a lot to be honest.

nat & owa · Post by **nat & owa** » Mon May 28, 2012 1:01 pm

Ok its good to know. Is it possible we could be penalised for me not having the contract for a long time? As in, hopefully I will find something within these next 2 weeks with a contract, but we wish to go to the UK in September as I have an MA to start... making the application when my contract has recently started will be frowned upon?

The point is, we want to get this right the first time. So whilst now I feel I could find a job with a part time contract here in Spain, we dont want the length of time I have been employed to instigate a possible refusal. if this is highly likely, we would rather my husband came to the UK as a visitor and then applied for a residency card.

Thanks

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EEA FAMILY PERMIT. HELP PLEASE

EEA FAMILY PERMIT. HELP PLEASE

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