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Discussion Starter #1
My husband- a USA national- is planning to move to the UK to join me living here. I myself am a Dutch citizen living and working in the UK and I saw a lawyer who said he would need to fill out the Family Member of an EEA national form online (free of charge) for him to apply for his visa.
We are filling this out now but are very confused as to answering the Spouse/Partner questions (under family details- third tab from the top). It asks for passport number and nationality, names, DOB and address- but it's unclear to me whether the question relates to him, or me (as his spouse)- any ideas? The following questions ask about the father and mother... is this related to HIS father and mother, or mine?
This form is so confusing! Hope you can help!
 

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Discussion Starter #2
Also: under the section 'sponsor details', am I- as his wife living in the UK- his sponsor?
 

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Don't have the form in front of me (away from home) but EEA citizen is the sponsor and it's your details you need to enter. If you re-read the form, it should become clear to you.
 

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Discussion Starter #4
Thanks Joppa! I will fill out my details as his sponsor. Do you have any idea where I can find my EEA National Registration Certificate number? Is that the same at a national insurance number? Or my passport number?
 

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You will only have one if you have applied for and obtained certificate of registration from UKVI, which is entirely optional. If you haven't, leave blank.
 

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Discussion Starter #6
Thanks again Joppa. I am now stuck with the question regarding the visa's which he has been issued in the last ten years. It asks for date of issue (simple: the date of the visa stamp, right?) and also the date of expiry. Should the expiry date be the date when he left the UK again, or the expiry date of the passport itself as in the description for expiry it says "Date of Expiry as stated in the passport or travel document. If the passport or travel document has no date of expiry please enter 01 JAN 2050"
 

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Discussion Starter #8
Thanks again Joppa. We sumitted the form and were told it would cost us $1491 (even though my lawyer said it would be a free application!). I wrote to my lawyer & she told me we selected the incorrect category on the online form (filling out the form for the spouse entry clearance route, instead of the family member of a European national option). Now we have filled out the family member of a EEA national option and when we submitted it yesterday we were again told it would be $1491!
I don't understand what we're doing wrong! We think it might be charging because we can't cancel the original form- any idea how we can cancel that one?
 

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You have to send a message to UKVI with your application reference asking to withdraw it. Look at end of UKVI 'Apply for UK visa' page.
 

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Discussion Starter #10
Joppa-thank you SO MUCH- my husband called them today and they cancelled the first application, whereupon the correct application was instantly submitted at no cost- you've been so helpful, thank you!
 

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Discussion Starter #11
Yay! My (now husband) received his visa! We received it within 2 weeks of submitting it! He plans to come to London on the 15th of September (as we wrote in his application) but the visa is dated from the 20th June-20th December. I know that the immigration office here can hold his passport for up to 6 months when he arrives here to receive his residency card- but now that his visa is stamped from the 200th of June, he’ll only have 3 months in the UK (not 6) before the visa expires. How do we go about this situation? When he arrives here, we plan to immediately submit the passport to the immigration office to apply for the residency card, but as they have 6 months to respond, what do we do if the visa runs out during the time we’re waiting for the residency card?
 

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What he has is a Family Permit, which is entry clearance into the UK. It's not a visa and the "expiration" merely means it can't be used to enter the UK after that date. Once in the UK, the fact it has expired is meaningless -- his right to reside in the UK is exclusively derived from your status as an EU national exercising treaty rights so as long as you are, he can, period. Nonetheless it does make things much easier to have the 5-yr residence card, so applying for one is a good idea. Once he sends in that application package he can immediately request his and your passport (or your national ID card if that's what you sent) be returned while the application is being processed. The website for this is https://www.gov.uk/visa-documents-returned
Contrary to what you may hear, requesting the passport(s) back can be done immediately upon confirmation that the UKVI have received the application, and it will have no effect on the application whatsoever. I have requested passports back in all four applications I've been involved with, usually the day after British Mail confirms they have signed for the package, and in each case I've gotten them back in under two weeks. When the RC is issued it will come in the form of a separate document called an Immigration Status Document; no need to send the passport back in. But the point is, even if it takes them a year to issue his RC his presence in the UK is still 100% legal exclusively based on your status as an EU national exercising treaty rights. This is a matter of both UK and EU law and is not subject to the whims of the UKVI, the UK Border Force, or anyone else.

https://www.gov.uk/visa-documents-returned
 

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Discussion Starter #14
My husband has just arrived to the UK (he landed yesterday) on a family member of an EEA citizen visa. We now want to apply for his residency card. Is this the correct form to do so?
https://www.gov.uk/government/publi...esidence-card-for-a-family-member-form-eea-fm
From this form, it seems we don't need to submit much evidence (as he got his biometrics done in the USA already for his visa)- so it's just my job that needs to verify that I am in employment and we both need to submit our pass photos. Is that it?
Is there anything else we need to do in the meantime (I'm guessing he can only apply for a national insurance number once he gets the residency card?) and can he already register for a bank and NHS? And can he already apply for jobs now? Or does he need to get his residency card to do this?
I was under the impression he could start work straight away, but it's all a little unclear- can anyone help? :-(
 

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New biometrics needed for every application, so he will get a letter from Home Office requesting it to be done at a post office for £19.20.
He will need your job details (payslips, employment letter, signed contract etc), proof of accommodation (tenancy agreement, mortgage statement etc) and marriage certificate. Plus his passport and your passport copy certified by embassy or original national ID card.
While he can already work on EEA family permit, not many employers will accept it as proof of work eligibility, so best to wait till he gets his residence card or certificate of application specifying he can work.
 

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Discussion Starter #16
Thank you- that's good to know. How do we apply for the biometrics? Or will the Home Office send the request to us after we submit the form (which we can only do physically, not online).
Shame all of this is needed all over again after we already did it two months ago (I am a Dutch national living in the UK by the way...not sure if that changes anything?)
I had my passport certified two months ago for that visa application- could I use that again (if the passport is still valid?) or do they require the certifying to be done after he enters the country?
 

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Discussion Starter #17
I will fill out the form and wait for the referral to get the biometrics done (as stated in the application)- thanks again for all your help.

Sorry to keep asking questions (it's such a confusing form) but for question 10 (biometrics section) it asks if my husband has had his fingerprints taken before as part of a previous UK immigration application made in the UK or abroad... As he got his biometrics taken for the visa to get here, I assume we answer yes in this section?
It then asks the place at which they were taken (which was at USCIS ASC Atlanta Application Support Center) and also the British Diplomatic post if they were taken abroad... guessing I need to fill out the British Consulate in New York for that, as that's where we sent the application?
Any idea?
 

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Discussion Starter #18
And final question: for Section 4.2, it asks which category I apply to and I am confused. I am a Dutch citizen living and working in London (as the right is given for EU citizens to do this).
Does my husband therefore tick the box that states "I am a family member of an EEA national who has a permanent right of residence in the UK' or the box that states "I am the family member of an EEA national who is a qualified person"?
Or do I tick both?

If I tick the last option, the following section asks me if I have a document certifying my permanent residence...which I don't have as an EU passport allows for this without a special document...
Any idea? :-(
 

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It then asks the place at which they were taken (which was at USCIS ASC Atlanta Application Support Center) and also the British Diplomatic post if they were taken abroad... guessing I need to fill out the British Consulate in New York for that, as that's where we sent the application?
Yes.

You are not a permanent resident. You have to apply to be a permanent resident and you can only do that after living in the UK for 5 years. Hence you don't have a document indicating your are a permanent permanent. You are a qualified person as long as you are in the UK exercising treaty rights like working.
 
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