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✎ EN EEA family permit/working questions

Discussion in 'Immigration UK' started by Jsimo01, May 16, 2016.

  1. Jsimo01

    Jsimo01 New Member

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    Hello Forum, I am in need of urgent help and advice

    I am american citizen married to an EEA/EU passport holder for 15 years. We have been travelling Europe for the last year on a work hiatus. We are now ready to settle in the UK and I have a job offer that would begin June 1st. Here are my issue(s). I am currently back in the US visiting family and have went to my biometric testing as the first part of the visa application process but the problem is that I can't send my application and passport to New York for processing and get it back in time before my flight back to Europe but I also have to send it within 2 weeks of getting the biometric done. I will be flying back to France for 1 week (May 19 - May27) before heading to the UK (28th) to start work on June 1st. The other potential issue is that my wife is staying in France for 2 weeks because her parents are coming out, she will join me in the UK once they leave in mid/late June. I mainly want my employer to not have any issues once I get there and to work while waiting for my visa to be approved.

    I'm freaking out and any help would be appreciated!!!
    Thanks!
     
  2. joneeboy74

    joneeboy74 Well-Known Member

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    Re: HELP! HELP! EEA family permit/working questions URGENT!

    I guess you are sorted out by now. Pity you did not state your spouse's wife's nationality, because without that, any advice would just be guess work. For example, if you are settling in the UK, and your spouse is . an EEA citizen, but not a UK citizen, you don't need a visa to enter the UK. You just need a free EEA family permit which you should be able to get quickly and easily from any UK diplomatic mission. If spouse is a UK citizen, well that's a different story, but in your circumstances you could have applied for a Family Permit using the 'Surinder Singh' provision which is detailed in the Family Permit guidance notes.
     
  3. satya

    satya Member

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    Re: HELP! HELP! EEA family permit/working questions URGENT!

    Hello everyone, I am from Non Eu nation , my wife in EU citizen and working in UK.
    I have to apply EEA family permit.
    I am looking for anyone help, who can provide me reference letter from friends and family format.
     
  4. joneeboy74

    joneeboy74 Well-Known Member

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    Re: HELP! HELP! EEA family permit/working questions URGENT!

    Getting a family permit for a spouse is normally quite straightforward and easy. You don't really need a reference letter. It may help if you just get your wife to write a letter to you ,asking you to join her in the UK, or visit you in the UK. (Whichever is correct for you). Enclose it with your application. I assume you have all the documents that can show your marriage is genuine, and that you have a proper lasting relationship with your wife, then you shouldn't have any problem. A Family permit is usually issued within a few days of applying. You should get on with it as soon as possible, because in view of the UK leaving the EU, the Family permit situation could soon change.
     
  5. satya

    satya Member

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    Re: HELP! HELP! EEA family permit/working questions URGENT!

    Thankyou very much. I appreciate your time. I have one more question, my wife is working in UK since march 2017 , she applied for registration but its she is not registered yet. In this case I should apply for EEA or wait till she get register as a qualified person in UK.?
    We lived together 2 years and we have all the documents except tenant agreement and this registration no.
     
  6. joneeboy74

    joneeboy74 Well-Known Member

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    Re: HELP! HELP! EEA family permit/working questions URGENT!

    Your wife is an EU citizen, so she has no need to 'register' in the UK. She is free to come and go in and out of any EU country whenever she likes, and does not need any permission from anyone to work. Proof of EU citizenship is all she needs. That can be either her passport, or her national identity card if she is from a country that issues ID cards. Right now, some EU citizens are applying for UK Residence Cards (a), because some employers are not familiar with EU law, and are wary of employing someone without written proof of right to work in UK, AND, (b) some are applying in the hope that it will assist then to remain in the UK after it leaves the European Union. None of this has any bearing on your ability to apply for a Family Permit. You can do that any time, and do not require many documents at all, as long as you are legally married. An important thing is a simple letter from your wife to you, asking to join her in the UK and telling you she is sending documents to go with the application. Without that, you won't get a Family Permit whatever else to send with your application! It would also be helpful if your wife wrote a letter addressed to the British Embassy (or Consulate) to which you will be applying. It should give her full UK contact details including address, phone, email, and then can be headed 'Letter of Support for my husband (your full name).' She simply needs to write that she is the wife of the applicant, that you have been married for two years, she has been working in the UK since March 2017 and now wants you to join her there. She has sent you the following documentation to enclose with your application.Then just list what she has sent, which should be a VERY short list, and does not need to include a tenancy agreement either. Documents such as that are just listed as examples of what could be submitted as proof of one of the many different relationships for which Family Permits are appropriate. Obviously, for a spouse, evidence of marriage, of living together at least part of the time since marriage, and intention to remain together is what is needed. This is not legal advice, it is my opinion based on my own experiences, that of others known to me, and of published UK and EU information.
    You say that you and your wife have lived together for two years, but have not mentioned where that was, or of which EU country she is a citizen, but it seems there was nothing to prevent you going to the UK together with your wife when she went, or at any time since. However, if you are asked about that, you can say that it was decided for financial reasons that she should go first, and when settled, you could join her. That is practical, and a perfectly normal reason.
    Good luck with your application!
     
  7. satya

    satya Member

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    Re: HELP! HELP! EEA family permit/working questions URGENT!

    Thank you very much sir. i am calm now . i will apply soon , i have lots of proofs that we lived together , eg, ex-visa issued my Indian govt. few travel tickets around India , lots pf pics. tenant agreement of here. most imp registered marriage certificate.
    Once again thank you for your suggestion , it really helpful for me.
     
  8. satya

    satya Member

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    Re: HELP! HELP! EEA family permit/working questions URGENT!

    Hi everyone , my wife got that registration letter today, i was just thinking now i should apply with original registration letter or photocopy will be enough ?
     
  9. joneeboy74

    joneeboy74 Well-Known Member

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    Hi
    as I previously mentioned, as an EU/EEA citizen, your wife does not have to 'register' in the UK at all. Her passport, or her ID(if her country issues them...not all do) is proof that she is a 'qualified person' with an automatic right to live and work in the UK. An EU/EEA citizen can apply for a Residence Card' on a purely voluntary basis? What is issued is not a letter. It is a blue 6 page ,fold up card booklet with the long name 'UK Residence Documentation For A National OF an EEA State'. It has a number (the same) on each page. ONE side is printed with information about it purpose, what do lost, or found, etc. The other side has 2 pages for signature of bearer, a place for bearer to write address, and space to allow for a few address changes, then space to write contacts in case of emergency. The 3rd page has a 'vignette' stuck on it, which is the size of, and very similar to a visa,( but deliberately not exactly, because that would be contrary to EU law.). It has the digital photo of bearer. At the top its title is RESIDENCE DOCUMENTATION'. Further down it states 'Type of Document' etc. and for how long valid, which would be 5 years, after which bearer would be entitled to permanent residence if UK was staying in EU!
    So if you wife has a letter, it can only be either confirming her application has been received and is being processed, or to say a residence card is being issued.
    So the answer to your original question is the letter is not 'required' at all, but it would do no harm to include a copy with your application. You don't need to wait for the original. Some of the letters coming out of the Border Agency lately are poorly printed photocopies anyway, undated and unsigned.
    Another bit of advice is that in your covering letter, list all the documents you are sending. Don't just enter them on the application form. When I did my wife's for her, my final paragraph just said' The following documents are submitted with this application.' The I had headings. Nothing complicated. Just 1.'Details of sponsor, my wife', '2. Evidence of relationship and living together', '3.Evidence that sponsor is in UK and is working.' '4.Other documents.'.
    My idea was, while not overloading the Embassy Entry Clearance Officer with too many papers, to enclose enough, list them and say what they were for. Hoping that I had anticipated any questions that he/she might have. I was right too, because my Chinese wife was not interviewed, or even contacted, other than by an email saying her passport and documents had been passed to the courier and giving tracking information. It was 12 days from when she completed an online application until when she got her passport back with the Family Permit in it, and that included a 5 hours train journey each way, to nearest city with a branch of the 'official visa agency to hand over a paper copy of her application and all the documents. Hope yours is issued quickly too. You better get on with it. There is new entry on the UK government website stating that on March 19th 2019, all EU/EEA residence documents will be cancelled and therefore invalid, and that all holders will have to apply for new UK settlement' documentation. It does not say the cost. I hope it is not the amount that a UK citizens have to pay to bring foreign family members. It totalled about £1300 each last time I checked. May be more now.
    After you get to the UK you can apply for a residence card too. Yours will not be a booklet. That is only for EU/EEA citizens, Yours will be plastic, credit card size with photo. Just like a driving licence. More convenient and durable than the booklet.
     
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