Firstable, Family Permit and Spouse Visa... are they the same thing, with Spouse visa simply being a bit more specific as to what type of "Family" I'm referring to?

Assuming they are the same thing. This is my situation, I'm a Spanish Citizen marrying an American. I'm applying for an EEA Family Permit for her, but I have heard that when she gets the EEA Family Permit, she CANNOT travel outside the UK WITHOUT the sponsor (me), and that if she comes back to the UK alone, the immigration officer at the port may not let her in. Is it true that an EEA Family Permit holder cannot enter the UK with out the presence of the sponsor at the port?

Also, I've heard that I (an EEA Citizen) need an UK residence permit to sponsor a non EEA national for a EEA Family Permit. Is that true? If it is, where do I apply for UK residence permit and what forms do I use?

Many thanks

 

Thanks, so it does seem that we must travel together so that she can reenter the UK without problems.

That's a bit of a problem for her. She has business trips abroad and I can't accompany her in everyone of her business trips (so that she can return to the UK and pass immigration without problems). Or perhaps, she has a family emergency and needs to return to the US for a few weeks, but it does not make sense for me to take vacation days and go to the US with her... again, so that she can enter to the UK afterwards.

How can we get around this? Perhaps, there are exeptions when the spouse can return without the sponsor? or is there anyother type of visa she can get (other than the work permit)?

Also, do I need a UK residence permit to sponsor a non-EEA citizen for EEA Family Permit? I work and live in the UK, but don't have a residence permit (I didn't think I may needed until now).

Many thanks.

 

Triple H, not yet. But in order to avoid 1001 questions I just jumped a few steps and went straight to what I like to know: does a EEA family permit holder (wife) must travel with the sponsor (me) everytime she travels abroad? it's a simple yes or no answer.

But if you want specifics, here it comes. My american fiance is currently living and working in the US. I have two choices (as far as I know but if more, please, let me know) to bring her to the UK:
1) she gets a UK work permit, job transfer, comes to live in the UK, we get married, she stays in the the UK with her work permit, or
2) we get married (outside the UK), she gets an EEA family permit thru me and then she comes to live and work in the UK.

In either case, eventually, I would like her to have an EEA family permit because she's not going to work forever, in particular, once we have a baby. BUT, if she can't travel abroad without me (while living in the UK with a EEA family permit) that would be a big problem.

Please, any advise? thank you.

 

Thanks.

I'll get the EEA1, no problems. A few clarifications, let's say her company sponsors her for a work permit and she comes to the UK in that capacity. Then, a few months later we get married. (By the way, most likely, that's going to be our case). Questions: 1) can she still ask for residence permit (EEA2) since she DID NOT initally come to the UK as my wife but with a work permit? 2) If she can, can she apply while still in the UK or will she have to leave the country and apply abroad?

Last but not least. Can she travel abroad WITHOUT me with a residence permit (EEA2)?

Thank you again.

 

Part 2 although an easy one, it's the least preferred. We are planning our wedding for the Fall '06, that means we won't be together for another 8 months, at least.

Part 1. Sorry, I kind of lost you with the 5 years residence requirement. I need 5 years residence for WHAT to happen? 1) she gets a UK work permit, 2) job transfer, 3) come to live in the UK, 4) getting married, or 5) she staying in the UK with a work permit?
She a top performer, her bosses love her. My guess is that she won't have problems getting transferred. She could come to the UK (with her work permit) in 2-3 months, we get married 5-6 months later then she applies for EEA2. That's the ideal. Would this plan be a problem with any UK immigration rules? Can she travel WITHOUT me with an EEA2 residence permit?

 

Thank you. I'm sending off my EEA1 application next week. Some further acclarations.

1) Switch of status. Let's say she is in the UK with a work permit, we obtain the Certificate of Approval, marry and then apply for EEA2, would that be considered a switch of status (work permit to EEA2 resident permit? if it is; then, would she need to leave the UK, apply for EEA2 abroad, and then return to the UK once she receives her EEA2 resident permit? or can she do all steps COA, EEA2 in the UK, while living and working under her work permit?

2) Marrying outside the UK. Let's say she comes to the UK with a work permit, a few months later we marry in Spain, or the US (still undecided), then we return to the UK (she enters with her work permit). Once back, can I apply for EEA2 residence permit? will this case considered a switch of status and if so, will she have to apply for EEA2 outside the UK? is the EEA2 still the correct form, or should we be applying for something else in the case of marrying outside the UK?

3) Worst case scenario. Let's say that her company doesn't want to transfer her. Then, I'd go the the US, marry her and come back to the UK (she stays in the US, for now). Then what do I do to bring her to the UK legally, with permit to work and ability to travel outside the UK without me?

 

1 & 2. Will she have to LEAVE the UK at any stage while switching from Work Permit to EEA2 status?

3. and then, once in the UK she applies for EEA2? Otherwise that takes me back to square one: with a Family Permit, she CANNOT travel without me!

 

Thanks, I think I'm finally getting into the bottom of this. One more question, hopefully would be the last one.

She can come to the UK on her own because: "An EEA family permit is a form of entry clearance that we give free of charge so that members of your family who are not EEA nationals can travel with you or join you in the UK."

I will be in the UK; but, how does the immigration officer at the port know whether I am indeed physically located in the UK (or not) when she arrives? he will just take her word for it?

 

So unless you look suspicious, don't speak good English, can't answer some of the example questions you mentioned... most likely she can enter the UK as many times as she likes with out me.

So then, what's the difference between Family Permit and EEA2, besides the potential nuisance at the port with a Family Permit?

 

That site is confusing. That's why I was using this board, to get straight answers.

For example.
1) It says that Family Permits are valid for six months. "Do my family members need a visa? If your family member is a visa national they must get a family permit before travelling to the UK. Family permits are valid for six months."

2) Then it says that if you're in the UK for less than six months, you do not need a Family Permit. "Do my family members need an EEA family permit if they are coming to visit me in the UK?
Yes. Your family members will need to get an EEA family permit if they would normally need a visa to travel to the UK. Family members who are not visa nationals do not need an EEA family permit to visit you if their visit will last less than six months."

So if you're coming for LESS than six months, you do not need a Family Permit, but if you're coming for MORE than six months, you CANNOT apply for Family Permit because they're good for only six months! So, it seems that you apply for the Family Permit if you're coming for PRECISELY 6 months, not a day early (because you won't need it), not a day more (because it only last 6 months)!?!?!?

All of which leads to me to another inquire... if the family member (wife) of a EEA national is joining the husband in the UK, and plan to stay for MORE than six months, what does she apply for?