EEA Family permit - query

Hi,

I am a non-EEA national Married to a French citizen, and currently we are both living overseas.

We are thinking now about moving to the UK – and we have been reading a lot about the EEA family permit, however we have few queries that we would appreciate if someone can advise us on -  My enquiries are:

1/ My wife (The EEA national) is financially dependent on me (i.e. she is not working) and she has no plans to work (at least for now as she is pregnant) - Currently I have few work opportunities lined up in the UK and I would like to know if we can apply for a EEA family permit for me so I can be eligible for work in the UK – (we will be travelling together.)

2/ If we are both living outside the UK, does my wife (the EEA Nation) need to intend to work in the UK (go as a job seeker) to sponsor me? – or can I be the one working?.

3/ Will I be considered eligible to work in the UK from the moment I get the EEA Family Permit – or is it after landing and registering in the UK?

4/ Finally I would like to know if anyone can recommend a good Visa/immigration firm that can handle my application – as the EEA Family Permit application form has some ambiguous questions and I do not want to risk misfiling the application and being refused.

Thanks in advance…

Hi and welcome to the Forum.

Your forum information says you're English, which doesn't help us help you as if you were, none of the questions you are asking would be relevant; I'm assuming you're in fact an Iranian citizen?  I'm also assuming that you're looking past Brexit and assuming that the EEA visa system will still exist.

To answer your questions.  It hasn't been clarified and probably won't be until the negotiations with the EU are concluded - probably the end of the year if you believe the recent press.  The current opinion is that the EEA visa will cease when the UK leaves the EU, principally because it is linked intrinsically to "Freedom of Movement" within the EU (all EU states are by default in the EEA) and the Schengen zone; if that turns out to be factual, then no, none of what you're asking is achievable.

It follows that should the UK remain in the EU and Freedom of Movement remains in place, then your wife has the right to live anywhere in the EU (including the UK) and you can apply for a family visa.

So - hurry up and wait I'm afraid. :)

Hope this helps.

Cynic
Expat Team

Hello Cynic!

Thanks fo your reply ...

I have had an issue while setting my account -  which is now resolved.

I am a Sudanese and my wife is an EEA national.

I believe there will be no change to the rights and status of EU citizens living in the UK till 2021 - even then, as per the official litlerture there will be a new scheme called "settled Status" which will be open in march 2019.

Ref. https://www.gov.uk/family-permit

My quiery is:

Can we qualify for the EEA family permit if I am the one working and suporting my EEA national wife - or should she be the one working or seeking employment. I have been reading alot howver unfortunatly there was no clear straight answer on the offical pages.

Also, since the EEA permit will be issued while I am still outside the UK - is it concidered tht I have the right to work in the UK from the moment i am issued the permit or are there further application to be made once I am in the UK.

Hi and thanks for the reply.

Notwithstanding what I've said previously about whether the EEA visa will still exist post-Brexit.  I've just read the requirements on the UK Gov website, where it says:

UK Gov website :

You must show that your EEA family member has a permanent right of residence or is one of the following if they’ve been in the UK for more than 3 months:

-  working, for example an employment contract, wage slips or a letter from an employer
-  self-employed (for example contracts, invoices or audited accounts with bank statements) and paying tax and National Insurance
-  studying, for example a letter from the school, college or university
-  financially independent, for example bank statements

Your family member must have full health insurance (comprehensive sickness insurance) if they’re studying or financially independent.

So, a joint account with your wife's name on it would seem to meet the requirements of the 4th requirement.  It doesn't say how much has to be in the account, which is unusual as all the other visas do stipulate actual salaries or bank account balances.

With regards to working; once you have a residence permit and a UK National Insurance number, you will be able to work in the UK.

One last comment; these residence cards like all work-related permits (pretty much all over the world) are temporary (maximum of 5-years in this case); there is no guarantee it will be renewed at the end, but that's about the only thing I can find that's in any way negative about these.

Hope this helps.

Cynic
Expat Team

Hello Cynic, great job!

@Aaynan,thanks for those questions as that was what brought me to this section concerning the EEA family permit visa and would appreciate response and guidiance from others who have gone through this processs in the past

I am a non EU citizen married to a Romanian with a son. I have a Romanian residence permit and works in Romania with my wife. We plan travelling to the UK for a visit and would really want to know where and how the form is being submitted after filling it as i have tried to get access on this on the GOV UK Website but could not place my eyes on any. Do i have to go to the embassy for me to apply with the form at their embassy in Romania?

Do we need an invitation letter as a requirement  from our host to enable us visit the UK?

What are the possibilities surrounding me and my  family relocating to the UK in case  as regards the present Brexit issues in the future?
I really do not know if this issue have been discussed previously, but would want an hint or link if it has been discussed on this forum.

Thank you in advance for your assistance.

Hi and welcome to the Forum.

So you're a Nigerian citizen, married to a Romanian?  You both need valid passports from your home country.  Your wife has the right to enter the UK (until Brexit for certain); you have the right to accompany/join her with an EEA family permit.  You must apply from abroad; this link will take you to the relative part of the UK Gov website that will help you.

To visit the UK with your wife, it's a bit more complicated; if you hold a Romanian Article 10 residence card then you don't unless it's the biometric version when you do need to apply for a short-term visa; all the details are on the UK Gov website.

Hope this helps.

Cynic
Expat Team

Hi,

I'm German, married from non-EU wife.

My wife has applied one time for EEA Family permit but has been rejected, applied again and we are still waiting for the result.

You have mentioned Article 10 for the Nigerian and his Romanian wife in a previous reply. Do you know what is the equivalent in Germany? my wife has Residence Permit till 2021 in Germany, how to know whether she can accompany me to UK without EEA Family Permit (In case it has been rejected for second time)

Thanks,

Samo

samo2018 :

Hi,

I'm German, married from non-EU wife.

My wife has applied one time for EEA Family permit but has been rejected, applied again and we are still waiting for the result.

You have mentioned Article 10 for the Nigerian and his Romanian wife in a previous reply. Do you know what is the equivalent in Germany? my wife has Residence Permit till 2021 in Germany, how to know whether she can accompany me to UK without EEA Family Permit (In case it has been rejected for second time)

Thanks,

Samo

Hi and welcome to the Forum.

I'm assuming you are asking this question because you are contemplating moving to the UK; it would be helpful to know why your EEA family permit application was rejected.

An Article 10 residence card is a document which is issued under EU law (‘the Free Movement Directive’) by the EEA Member States to non-EEA family members of EEA nationals who are exercising free movement rights in another Member State than that of their nationality, so would seem to reflect your situation.

I don't recall ever having seen a German version of the card, but I've just checked Google (link) and it says at the top "AUFENTHALTSKARTE" (which I think translates as residence card), plus on the bottom of the front of the card "RESIDENCE CARD OF A FAMILY MEMBER OF A UNION CITIZEN", so would seem to be the German version of an Article 10 card (although, unhelpfully, it doesn't actually say it), so perhaps it's not.  To make sure, it would probably be better that you ask the German regulatory body that issued it.

Hope this helps.

Cynic
Expat Team

Wow that was really helpful.
Well, the reason was lack of evidence, that her spouse has EU Citizenship, we simply given my passport, but TLScontact didn't bother to have a copy of it, we count on them, instead of count on ourselves.
Second time applied since 10 weeks.. still waiting, and i feel they are seeking for a reason to reject, it is really frustrating.
If they reject, I will accompany my wife in the road way, and let her shows the residence card, which has on the bottom of it "RESIDENCE CARD OF A FAMILY MEMBER OF A UNION CITIZEN" as well.

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