Applying for EEA2 when both currently living in Europe??

[Helenita Suero]

Hi. I need some help if anyone will and can. I have been living in Spain for the last 7 years and my husband is Dominican. He has his NIE (spanish residency) etc however we now want to move back to the UK but it is unclear whether we have to have a fixed address in the UK before being able to apply for a residence/work permit for him over there(EEA2)? I have been reading that in order to be able to apply for the EEA2 you need to be able to show a how much you are earning - which obviously means I would need a UK contract and hence need to move back first. On the other hand I have read a few times that if he comes with me he has automatic right to live in the UK but it is advisable to apply for a residency card so im totally confused as to whether he needs ine ir not?? We are planning to move in a few months but I would like to get things moving now so he is able to work quicker but there is no set information anywhere on how and where to do it. Any info would be great. Cheers

[Imshzd]

Your are require to apply EEA Famiy permit before come to UK not EEA2.

EEA 2 application only can use if the applicant s residing in the uk with the EEA national.

You don't need any address in the UK as you are not living in the UK at the time of EEA family permit application.

[Jambo]

I assume you are British. If you worked in Spain, you can make use of the EU route to bring family members back to the UK. Unlike the spouse visa, there is no financial threshold and you are not required to have accommodation in the UK before moving.

I suggest you read EEA FAQs - Common Questions - Read before posting - Surinder Singh.

[Helenita Suero]

@imshzd, thanks for the quick reply. He already has an EEA family permit a he has travelled on it a few times this year but this is only ever for 6 months mazx and then we have to renew it and also you are not able to work on this permit.
@Jambo, thanks too for the reply, Yes i am British I read about that (the Surinder Singh route right?) and notice there is a section of that in the EEA2 application form - Do you know if that is the way to apply in order to qualify for this route ??
Cheers

[Jambo]

Do you know if that is the way to apply in order to qualify for this route ??

With the EU route the process is the other way around - you automatically qualify for the route (by meeting the conditions) and then can apply for a confirmation of your status. You don't need to apply in order to qualify. The 5 years RC (following EEA2) can only be applied in country once you are back in the UK. If he has a valid EEA Family Permit, just use it to return and then apply for RC. For the RC he will need to produce the same evidence used for the EEA Family Permit (i.e. your employment and residence in Spain). If his EEA Family Permit is not valid, apply for one and once in the UK apply for RC. The EEA Family Permit does allow him to work.

[Helenita Suero]

Thanks Jambo, I was under the impression that you were not able to work under the family permit but i guess that makes sense otherwise you would have to uproot back to the UK and then waste 6 months waiting for the RC in order for him to be able to work. Thanks alot for that info, We can get applying for jobs now then

[Helenita Suero]

Hi Guys

Not sure if you will get this or be able to help but I have one more question regarding moving back to the UK with a non-eurpean spouse. Even with the temporary EEA family permit (6 months)is a national insurance number needed in this time or does the visa itself serve for tax purposes when working?
I wrote on the national insurance page to ask them if it would be possible to issue a temporary NI number (temporary as in, spouse visa is 6 months and we will be applyinig for a 5 year one) but theyy have problems with the page and never got back to my email so not sure on this one

Any help will be great

Thanks a lot
Helen

[Jambo]

Hi Guys

Not sure if you will get this or be able to help but I have one more question regarding moving back to the UK with a non-eurpean spouse. Even with the temporary EEA family permit (6 months)is a national insurance number needed in this time or does the visa itself serve for tax purposes when working?
I wrote on the national insurance page to ask them if it would be possible to issue a temporary NI number (temporary as in, spouse visa is 6 months and we will be applyinig for a 5 year one) but theyy have problems with the page and never got back to my email so not sure on this one

Any help will be great

Thanks a lot
Helen

Having a NI is not a proof that you are elgibile to work in the UK.

You should have a NI number when you start working so the correct tax and NI can be deducted.

You don't need a temporary NI. With a EEA FP you can apply for a NINO. It only takes a few weeks to get it.

[Helenita Suero]

tHANK YOU jAMBO, YOU HAVE SAVED ME A LOT OF TIME YET AGAIN

[Helenita Suero]

Hi

I have another immigration question if anyone could help me- I know somebody who lived in France with her husband (he is Togalise and she is english) and they followed the route of a temp family visa but when he applied for his permanent 5 year residency , they sent him back to his country to apply from there. I really do´n´t get it, what is the point of applying for the EEA family permit for 6 months if they then send you back to your country to reapply?' the whole intention of applying for a temp EEA family visa with intention of applying for a 5 year one whilstin the UK was so the transition would be easy and he wont have to wait another 6 months to get work . arghhhh!!
If somebody has any inside info or tips, it would be much much appreciated!
Thanks!

[Jambo]

Hi

I have another immigration question if anyone could help me- I know somebody who lived in France with her husband (he is Togalise and she is english) and they followed the route of a temp family visa but when he applied for his permanent 5 year residency , they sent him back to his country to apply from there. I really do´n´t get it, what is the point of applying for the EEA family permit for 6 months if they then send you back to your country to reapply?' the whole intention of applying for a temp EEA family visa with intention of applying for a 5 year one whilstin the UK was so the transition would be easy and he wont have to wait another 6 months to get work . arghhhh!!
If somebody has any inside info or tips, it would be much much appreciated!
Thanks!

I suspect you don't have the full details of the story.

Under the EEA regulations he didn't need to leave the country. If he applied under the domestic rules (spouse visa), he would have to leave.

[Directive/2004/38/EC]

There is no need for family members of an EU citizen (or British citizen who has used Singh) to ever leave the UK while their application is being processed. I would tend to err on the side of caution and even avoid holidays in Schengen until the RC (from the UK) is issued.

[Helenita Suero]

Thank you, my friend did the VAF4 application - what is the difference between a spouse visa and an EEA family permit? Sounds ironic that if you do it the British way as a Brit, they make it harder for you rather than coming as a Brit under European law. One more question if anyone can - Once in the UK on the EEA family permit of 6 months, how long (for what I guess and hope would be a simple case) does it take to apply and receive for the EEA 5 year permit? the reason i ask is becuase my husband´s current 6 month EEA family visa expires at the beginning of January and I know you can extend it for 3 months (rather than reapplying for a 6 month 1) but I wouldn´t want that he is working and then all of a sudden ´ilegal´ because he is pending his 5 year still.
Thanks again
Helen

[Jambo]

Thank you, my friend did the VAF4 application - what is the difference between a spouse visa and an EEA family permit? Sounds ironic that if you do it the British way as a Brit, they make it harder for you rather than coming as a Brit under European law.

The UK can impose more strict rules on their citizens. They can't do that when people fall under the EU legislation. VAF4 can't be applied in-country so that's why he had to leave. It is also a lot more expensive and has financial and language thresholds to meet.
If they lived in France, why did they go via the spouse visa route and not Surinder Singh? Was this before July 2012?

One more question if anyone can - Once in the UK on the EEA family permit of 6 months, how long (for what I guess and hope would be a simple case) does it take to apply and receive for the EEA 5 year permit? the reason i ask is becuase my husband´s current 6 month EEA family visa expires at the beginning of January and I know you can extend it for 3 months (rather than reapplying for a 6 month 1) but I wouldn´t want that he is working and then all of a sudden ´ilegal´ because he is pending his 5 year still.
Thanks again
Helen

You can't extend the EEA Family Permit. When you apply for the 5 years RC, he will receive within a few weeks an acknowledgement letter (CoA - Certificate of Application) which will confirm his status (and right to work) until a decision is made. This can take upto 6 months.

You don't need to wait until January to apply for the RC, you could have applied the day you returned to the UK using the same documents you used to get the EEA Family Permit (i.e. evidence from your time in Spain).

Under the EEA Regulations, the fact that the Family Permit expires will not make him illegal although he might find it difficult to convince an employer of that.

[Helenita Suero]

Hi Jambo, Thanks again. Not sure as to why they never went via this route (I know they paid a whole lot of money for a lawyer who got it all wrong but yes, this was about 3 years ago so not sure if that was why)

We are not currently in the UK, we are moving back at the end of Jan (thats why I asked about the visa extension - as it would give us a 2 month gap to apply for the 5 year one) According to the British Embassy in Madrid you are able to extend a 6 month family permit for 3 months. Think i´ll just apply for a new one once it expires beginning Jan

Cheers

[Jambo]

Hi Jambo, Thanks again. Not sure as to why they never went via this route (I know they paid a whole lot of money for a lawyer who got it all wrong but yes, this was about 3 years ago so not sure if that was why)

We are not currently in the UK, we are moving back at the end of Jan (thats why I asked about the visa extension - as it would give us a 2 month gap to apply for the 5 year one) According to the British Embassy in Madrid you are able to extend a 6 month family permit for 3 months. Think i´ll just apply for a new one once it expires beginning Jan

Cheers

Rules were different 3 years back. The advantage of going via the (expnsive) spouse route was the option of naturalisation after 3 years. This has now changed as spouse visa are for 5 years, not 2 years.

The British embassy were wrong. You can't extend a Family Permit. They might confuse that with a visitor visa.

EEA Family Permit can only be applied from outside the UK. You might want to apply for a new one now and not leave it to the last minute. You don't need to let the existing one to expire before applying again. Hopefully second time, the decision will be quick as you can submit the exact same documents.

[Helenita Suero]

How do you know so much stuff!!?? much appreciated nevertheless. This will be the 3rd visa we apply for so yes, hopefully super quick again (2nd one came within a week)

Thanks Jambo