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EEA VAF5 Family Permit Postal address and passport copy

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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irishpete
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Joined: Mon Sep 02, 2013 10:59 am

EEA VAF5 Family Permit Postal address and passport copy

Post by irishpete » Mon Sep 02, 2013 11:06 am

Hi there,

I'm hoping to send in an application for a family permit for my partner (she is Canadian, in UK on a visa which expires soon, I'm Irish, and we both live in UK). I have 2 problems... firstly, we can't find the address where we need to send the application. The Croydon office said it was in Liverpool and the address was online, but we can't find it anywhere!

Also, the lady at Croydon made it very clear that I had to send my passport with the application and no form of copy would do instead... Is this true? I really need to travel this month... DOes anyone know if I can sned in a certified copy or something? I can't find any phone number to speak to an advisor...

THanks so much for any help offered...
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Jambo
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Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Mon Sep 02, 2013 11:16 am

EEA Family Permit (VAF5) is used to enter the UK from abroad. If you are already in the UK, she need to apply for a 5 years Residence Card using form EEA2.

You will need to send your passport with it and evidence on how you exercise treaty rights (employment, study etc) or evidence you have PR (i.e. you have exercised treaty rights for continuous 5 years already).

You can ask for your travel documents at any point and it will not affect the application but you will need to send it. Original document. No copies. If you travel this month, she can apply when you return.

Are you married/CP ?

If you are married, then the application has no affect on her status, Her rights are obtained automatically regardless when or if she applies. If you are not married, her rights are not automatic and only start once her application is approved. For unmarried partners, the HO would also expect you to have been living together for 2 years before applying.

See also EEA FAQs - Common Questions - Read before posting - Residence Card.
Last edited by Jambo on Mon Sep 02, 2013 11:28 am, edited 1 time in total.
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irishpete
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Posts: 3
Joined: Mon Sep 02, 2013 10:59 am

Post by irishpete » Mon Sep 02, 2013 11:28 am

Thanks for your help. In fact we have been advised to use the family permit by some other sources and the Croydon office also agreed it was our best bet. I think we have all our documents in order, it's just the passport that is an issue... and where to send it! But it seems there's no way around sending it. Her visa expires on sept. 19th so have to have it in by then... Thanks again
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Jambo
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Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Mon Sep 02, 2013 11:32 am

irishpete wrote:Thanks for your help. In fact we have been advised to use the family permit by some other sources and the Croydon office also agreed it was our best bet. I think we have all our documents in order, it's just the passport that is an issue... and where to send it! But it seems there's no way around sending it. Her visa expires on sept. 19th so have to have it in by then... Thanks again
Can't comment on the other sources.

Croydon don't deal with applications under the EEA route and there have been several reports on wrong information given by them.

Read it yourself on the UKBA website:

EEA Family Permit

Residence documents for non-EEA family members of EEA nationals

The main question is whether you are married or not. If married, then there is no issue of her current visa expires as the rights are obtained automatically. If not married, would you meet the requirements of unmarried partners? (2 years cohabitation)
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irishpete
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Joined: Mon Sep 02, 2013 10:59 am

Post by irishpete » Mon Sep 02, 2013 11:34 am

we're in a French civil union (PACS), and have proof of bein together for 4 years... not married yet
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Jambo
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Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Mon Sep 02, 2013 12:27 pm

irishpete wrote:we're in a French civil union (PACS), and have proof of bein together for 4 years... not married yet
I believe the UK recognise PACS only for same gender couples. Is that your case?
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Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Sep 02, 2013 3:35 pm

Somebody in the home office really said to use EEA VAF5 Family Permit? Wow! That is definitely the wrong application since you are both in the UK already.

I do not see any reason the UK would not recognize PACS just because a couple is not same-sex.

http://eumovement.wordpress.com/2011/09 ... -marriage/ is my earlier article about same sex couples. But the UK rules say nothing that I am aware of which prevents a civil partnership between a man and a woman.

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary
If an overseas relationship is not included in the amended list above it will still be
recognised here if it meets certain conditions. Section 214 of the Civil Partnership
Act 2004 refers. Under the law of the country where the relationship was formed
the relationship must:
(i) be exclusive in nature,
(ii) be indeterminate in duration; and January 2013 CH8 SECT2 – CIVIL PARTNERS –ANNEX H
(iii) result in the parties to the relationship being regarded as a couple or
treated as married.
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