EEA Family Permit

[Jess.L]

Hey everyone!

This is my first post in this forum (in fact, I just found this forum today) and it looks like a lot of members are very knowledgeable about UK immigration (what a relief!).

So I'll lay out the terms of my situation and see if any of the forum sages can offer their wisdom...

Question 1:
- I am a dual Maltese-Canadian citizen. I completed my university degree in Canada and am currently working 2 jobs in Canada.
- I have been accepted for a one year Masters program at the University of Edinburgh that will run from September 2012 to August 2013.
- My husband is American, self-employed and currently lives in the USA.
- Goal: for him to join me as I complete my 1 year Masters program in Scotland.

Based on my research, the EEA Family Permit is our best option. Would you agree?

Question 2:
As I understand it - in a nutshell - the EEA FP is initially good for 6 months, however during this time my husband would be able to work in Scotland. Before the 6 months expires, I would need to apply for a Residence Permit and my husband would need to apply for a Five Year Family Permit. Since we are only intending to be in Scotland for the one year of my studies, is there any alternative? Is there an option for a shorter extension? It seems excessive to apply for so many permits for a single year and it would be largely inconvenient for him to have to give up his passport for a few months.

Question 3:
- A piece of required documentation for the FP is "a copy of the EEA national's passport, endorsed by the EEA national's embassy in the country of application." There is no Maltese embassy in Ontario, however there is a consulate. Would an endorsement from the consulate in Canada meet this requirement?

- Another document required is "a letter from the EEA national, declaring that you are travelling with them or are joining them in the UK." For this, to who is the letter addressed? Should it be a simple few lines stating our situation and travel plans?


I've looked at the application form online and there are some vague fields on the form. I have some questions about the form itself, but I'll address those later.

Thank you in advance for your help! I genuinely appreciate it!

-J

[Joppa]

Originally Posted by Jess.L

Hey everyone!

This is my first post in this forum (in fact, I just found this forum today) and it looks like a lot of members are very knowledgeable about UK immigration (what a relief!).

So I'll lay out the terms of my situation and see if any of the forum sages can offer their wisdom...

Question 1:
- I am a dual Maltese-Canadian citizen. I completed my university degree in Canada and am currently working 2 jobs in Canada.
- I have been accepted for a one year Masters program at the University of Edinburgh that will run from September 2012 to August 2013.
- My husband is American, self-employed and currently lives in the USA.
- Goal: for him to join me as I complete my 1 year Masters program in Scotland.

Based on my research, the EEA Family Permit is our best option. Would you agree?

Yes, and it's free.

Question 2:
As I understand it - in a nutshell - the EEA FP is initially good for 6 months, however during this time my husband would be able to work in Scotland. Before the 6 months expires, I would need to apply for a Residence Permit and my husband would need to apply for a Five Year Family Permit. Since we are only intending to be in Scotland for the one year of my studies, is there any alternative? Is there an option for a shorter extension? It seems excessive to apply for so many permits for a single year and it would be largely inconvenient for him to have to give up his passport for a few months.

Alternative would be to leave UK and apply for another family permit. This can be done in any country outside UK, but you need to meet particular requirement of the consulate concerned. Even though your husband's residence card is valid 5 years, he has no obligation to stay that long. Your residence permit is optional, as it's your husband's card, but it will be much better to get the card as proof of his status as family member of an EEA citizen. Without it, he may not be allowed to re-enter UK after his EEA permit expires.

Question 3:
- A piece of required documentation for the FP is "a copy of the EEA national's passport, endorsed by the EEA national's embassy in the country of application." There is no Maltese embassy in Ontario, however there is a consulate. Would an endorsement from the consulate in Canada meet this requirement?

That should be fine. Ask at the consulate first if they perform this passport endorsement.

- Another document required is "a letter from the EEA national, declaring that you are travelling with them or are joining them in the UK." For this, to who is the letter addressed? Should it be a simple few lines stating our situation and travel plans?

To 'Entry Clearance Officer', stating travel plans.

I've looked at the application form online and there are some vague fields on the form. I have some questions about the form itself, but I'll address those later.

Some of the questions don't apply to you as you are moving together.

[Jess.L]

Originally Posted by Joppa

Alternative would be to leave UK and apply for another family permit. This can be done in any country outside UK, but you need to meet particular requirement of the consulate concerned. Even though your husband's residence card is valid 5 years, he has no obligation to stay that long. Your residence permit is optional, as it's your husband's card, but it will be much better to get the card as proof of his status as family member of an EEA citizen. Without it, he may not be allowed to re-enter UK after his EEA permit expires.

Hi Joppa. Thanks for your response!

Could you clarify what this ^^ means? For example, could my husband apply for a family permit through a different embassy? Also, is it recommended? It seems like if he applies for a family permit twice in a short amount of time, the Border Agency might consider it suspicious or something.

It's too bad that there aren't any working holiday visas offered to Americans to work in the UK

[Joppa]

Originally Posted by Jess.L

Hi Joppa. Thanks for your response!

Could you clarify what this ^^ means? For example, could my husband apply for a family permit through a different embassy? Also, is it recommended? It seems like if he applies for a family permit twice in a short amount of time, the Border Agency might consider it suspicious or something.

It's too bad that there aren't any working holiday visas offered to Americans to work in the UK

He can apply at any UK diplomatic post that issues visas. No problems getting a series of EEA permit, provided he is entitled to it.

Working holiday is a reciprocal scheme and US doesn't seem to be keen to open up its labour market to young foreigners, except for a few countries like Ireland.

[Jess.L]

Do you mean that before the first EEA permit expires, he could apply for another while in the UK? Do you think it's advisable? I'm just wondering since we know we'll be there for only one year.

[Joppa]

Originally Posted by Jess.L

Do you mean that before the first EEA permit expires, he could apply for another while in the UK? Do you think it's advisable? I'm just wondering since we know we'll be there for only one year.

He can't get another EEA permit in UK - he has to leave and apply abroad at a visa-issuing British consulate. A small overlap between the two doesn't matter. Just don't expect anything like same-day service for EEA permit. With biometrics and sending (or taking) and returning of supporting documents, it can take a week or two, and your husband should stay in the country until it's issued.

You may find, all things considered, that it may be easier just to apply for residence card on EEA2. If he needs to travel while it's being considered, he can request it back and his application will still be in the queue. So as not to be without a valid permit, I suggest he applies for it straight after arrival.

[Jess.L]

So upon arrival in Scotland, we can apply for the EEA2 as soon as possible in order for things to run quicker? While we're in the UK, we'd like to travel around a bit, so ideally we won't be hindered by his lack of a passport.

Also, I read in another thread that applications can be post-dated. Does this mean that if we apply for the EEA permit in May-June but leave for the UK in August, the 6 months can apply as of August? In other words, does the EEA permit take effect once we enter the UK?

Thanks again! Your help is very appreciated!

[Joppa]

Originally Posted by Jess.L

So upon arrival in Scotland, we can apply for the EEA2 as soon as possible in order for things to run quicker? While we're in the UK, we'd like to travel around a bit, so ideally we won't be hindered by his lack of a passport.

Also, I read in another thread that applications can be post-dated. Does this mean that if we apply for the EEA permit in May-June but leave for the UK in August, the 6 months can apply as of August? In other words, does the EEA permit take effect once we enter the UK?

What you need to do is to put your travel date as August on the EEA family permit application form VAF5. Then the permit will be valid from August and you get almost full 6 months out of it. It has two dates on, 'valid from' and 'valid until', and these dates are fixed when the permit is issued. So you want to arrive on the first date or soon after.
UK Border Agency | How to apply for an EEA family permit

[Jess.L]

Thanks for the responses Joppa.

Just a few more questions...
- what is the recommended way of presenting photos documenting our relationship?
- what is the recommended way of presenting all of the information? (I've seen mention of a binder with clear pages. Is that ok?)
- Is there anywhere I can find more details about what the UKBA expects of comprehensive sickness insurance? (as I will be a student there)

Regarding the online application questions...

a) Travel dates:
- do we need to give an exact arrival date or can we simply state 08-2012 (August 2012)? They don't advise buying flight tickets until a response is received, so I'm not sure what the best solution to this is.
- for the date we intend to leave the UK, it shouldn't be more than 6 months from the arrival date, right?

b) Section 8.6 of the application states "Do you have a valid residence card or visa for an EEA member country?". This question is directed to the Non-EEA applicant, right? It's unclear who it's referring to.

c) Since we plan on finding an apartment once we get to the UK, what is the best way to complete section 8.9 about where we intend to live?

d) Under Part 9 which asks if there is any other information to be considered as part of the application, what is appropriate to include here? Is it generally suggested to write something here, and if so, what should the content cover?

Sorry for the lengthy questions. I want to make sure I'm clear about the application before submitting.

A million thanks in advance as well!

-J

[Jrge]

Originally Posted by Jess.L

Thanks for the responses Joppa.

Just a few more questions...
- what is the recommended way of presenting photos documenting our relationship????
- *what is the recommended way of presenting all of the information?* (I've seen mention of a binder with clear pages. Is that ok?)

I placed our original documents in clear sheet protectors. (Staples $3.99)

Originally Posted by Jess.L

- Is there anywhere I can find more details about what the UKBA expects of comprehensive sickness insurance? (as I will be a student there)

For the effects of the EEA Family Permit and since you aren't here yet, CSI isn't required at this time. Nonetheless, you will need it should you decide to apply for your husband's Residence Card.

Taken from EEA2 Residence Card Application Form:http://www.ukba.homeoffice.gov.uk/si.../eea/eea21.pdf
"As evidence of comprehensive sickness insurance:
You must provide either a private comprehensive sickness insurance policy document that covers for medical treatment in the majority of circumstances, or a European Health Insurance Card (EHIC). The EHIC is only valid when your stay in the UK is on a temporary basis. Therefore if you do provide your EHIC as proof of comprehensive sickness insurance you should also provide a covering letter stating whether it is your intention to stay in the UK on a temporary or permanent basis and your reasons for this. This must be signed and dated by you."

By then, you can apply for yours and your husband's EHIC here: https://www.ehic.org.uk/Internet/startApplication.do
Simple process and you receive the cards within a week.


Regarding the online application questions...

Originally Posted by Jess.L

a) Travel dates:
- do we need to give an exact arrival date or can we simply state 08-2012 (August 2012)? They don't advise buying flight tickets until a response is received, so I'm not sure what the best solution to this is.
- for the date we intend to leave the UK, it shouldn't be more than 6 months from the arrival date, right?

You don't have to provide an exact date of arrival. However, since your course starts in September I would state 8-1-2012; and intend to leave 2-1-2013

Originally Posted by Jess.L

b) Section 8.6 of the application states "Do you have a valid residence card or visa for an EEA member country?". This question is directed to the Non-EEA applicant, right? It's unclear who it's referring to.

It is referring to the non-EEA national, in this case, your husband.

Originally Posted by Jess.L

c) Since we plan on finding an apartment once we get to the UK, what is the best way to complete section 8.9 about where we intend to live?

8.9.1 List the name of the hotel you will be staying.
8.9.3 Temporary housing

Originally Posted by Jess.L

d) Under Part 9 which asks if there is any other information to be considered as part of the application, what is appropriate to include here? Is it generally suggested to write something here, and if so, what should the content cover?
Sorry for the lengthy questions. I want to make sure I'm clear about the application before submitting.
A million thanks in advance as well!
-J

See enclosed supporting documents or See enclosed cover letter.

Animo
(Cheers)