# Family member of EEA national - confusing form!



## itchy84 (Jun 2, 2015)

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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## itchy84 (Jun 2, 2015)

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


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## Joppa (Sep 7, 2009)

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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## itchy84 (Jun 2, 2015)

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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## Joppa (Sep 7, 2009)

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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## itchy84 (Jun 2, 2015)

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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## Joppa (Sep 7, 2009)

The 'valid until' date on your visa.


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## itchy84 (Jun 2, 2015)

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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## Joppa (Sep 7, 2009)

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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## itchy84 (Jun 2, 2015)

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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## itchy84 (Jun 2, 2015)

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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## UK-GTR (May 14, 2013)

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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## itchy84 (Jun 2, 2015)

Thank you SO MUCH for all this info- helps so much- very grateful!


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## itchy84 (Jun 2, 2015)

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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## Joppa (Sep 7, 2009)

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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## itchy84 (Jun 2, 2015)

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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## itchy84 (Jun 2, 2015)

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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## itchy84 (Jun 2, 2015)

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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## nyclon (Apr 3, 2011)

> 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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## itchy84 (Jun 2, 2015)

Thank you so much!!!


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## itchy84 (Jun 2, 2015)

We submitted the form for a residency card last week and we are hoping to go on holiday in November (to Italy) for 1 weekend- I want to request our passports back via the https://www.gov.uk/visa-documents-returned link, and then book the holiday, but am wondering if it is allowed for us to leave the country while my husbands residency card is being processed? Also, will requesting our passports back before they have sent us the residency card hinder the process/make it longer to receive the residency card?


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## UK-GTR (May 14, 2013)

Requesting your passports back will have no impact on the processing time of the application. I have done so four times so far, and in each case I seemed to get the RC back either right on time or even a bit earlier than others.

Unlike for visa applications under the domestic immigration rules, he can absolutely leave and re-enter the country while the EEA application is being processed. Remember, the RC is merely a confirmation of a right he already has just by virtue of his relationship with you. As I recall his FP is valid well into December, so it won't be an issue at all. Even if it's not still valid or he doesn't have it he can re-enter with the certificate of application.


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## itchy84 (Jun 2, 2015)

That's great! Thank you so, so much for all your help!


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## itchy84 (Jun 2, 2015)

My husband and I just received our passports back in order for us to travel to Florence for a weekend in November. The accompanying letter has worried me a bit, as it states that “Family members of an EEA national, that aren’t themselves EEA nationals, wishing to return to the UK need to apply for an EEA family permit at a British Diplomatic post abroad before returning to the UK. This EEA family permit is issued free of charge and on a priority basis”. The letter also states that “any such application would need to be supported by evidence to show that the EEA national is in the UK, is exercising Treaty of rights, and that the relationship is as claimed” 
Does this mean my husband needs an EEA family permit before we go away? I thought he could just automatically travel with me now we’re married and we’re waiting for the residency card?


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## UK-GTR (May 14, 2013)

Isn't his original FP good until 20 December, as you stated previously? If so then he has no need to apply for yet another (which can't be applied for from within the UK anyway). The FP is good for unlimited re-entries.


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## itchy84 (Jun 2, 2015)

Yes, he has a EEA FP Family Member via which is valid till 20th December - so does that mean he can just leave the UK for a weekend till then (even if the residency card is still being processed)?


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## UK-GTR (May 14, 2013)

Yes, that's exactly what that means. He can leave and re-enter the UK every single day from now until 20 Dec if he wants to. It will have zero impact on the RC application. Applications made under EEA rules are not considered withdrawn if the person leaves the country while the application is being processed.


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## itchy84 (Jun 2, 2015)

Great- (and phew!) 
One last question (so sorry, you must hate me with all my questions!) - can he come to the Netherlands with me over Christmas if he hasn't received his residency card after the 20th December? Or is he not allowed to leave the country after the 2oth Dec till he has a letter through from the Home Office?


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## UK-GTR (May 14, 2013)

I've not yet heard of a case where a non-EEA family member was unable to re-enter the UK with a valid passport and the Certificate of Application (COA, that accompanying letter you mentioned). I know the COA makes a big noise about needing to apply for a new Family Permit, and if you want to be 100% safe then do that (although good luck getting one over the Christmas holidays). 

But the Home Office has grudgingly admitted that you don't really need one to get back in, as is made clear in the Immigration (EEA) Rules 2006, paragraph 11(4) (see The Immigration (European Economic Area) Regulations 2006). This is also stated in the UK Border Agency Operations Manual - as long as you show up together (and even that's not a requirement), with your marriage certificate, your proof of exercising treaty rights in the UK (pay statement, etc.) and his passport and COA, he has an inalienable right to re-enter the UK. They can huff and puff and make you feel like a criminal, but at the end of the day they have to follow UK law too. The two key phrases to remember are "My husband is re-entering the UK with me under the EEA immigration rules as my family member," and if there is any problem, "I request to speak to the Senior Immigration Officer on duty."


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## itchy84 (Jun 2, 2015)

Great- you've been so helpful, thank you!!!


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## Joppa (Sep 7, 2009)

As I said on another thread, it can be a nasty, horrible experience at UK border which you can do without. They are getting hot on people whom they consider are inadequately documented, even for those travelling under EU rules.


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## itchy84 (Jun 2, 2015)

My husband has now received his letter certification of application from the Home Office (i.e. he's now allowed to work now but we're still waiting for the residency card). Does that mean he can now apply for a NI number?


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## Joppa (Sep 7, 2009)

He can try. Sometimes they accept COA, sometimes they don't and insist on residence card.


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## itchy84 (Jun 2, 2015)

Then we will try! Thank you


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## itchy84 (Jun 2, 2015)

My husband has now lived in London for 5 months (since September) and we’re about to receive his residency card-hopefully in the next month. We are contemplating the idea of moving to The Netherlands however (which is where I am from) and are wondering what the process would be if we decided to move to The Netherlands once we receive the UK residency card? Can this be converted to a Dutch residency card, or do we need to start the whole process over?


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## Joppa (Sep 7, 2009)

You may be eligible for Surinder Singh provision, if you have lived with your husband in UK while exercising EU treaty right. You need to check the Dutch regulations on how to relocate under the Surinder Singh.


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## az2014 (Nov 9, 2014)

itchy84 said:


> My husband has now lived in London for 5 months (since September) and we’re about to receive his residency card-hopefully in the next month. We are contemplating the idea of moving to The Netherlands however (which is where I am from) and are wondering what the process would be if we decided to move to The Netherlands once we receive the UK residency card? Can this be converted to a Dutch residency card, or do we need to start the whole process over?


Hey itchy84, how did it go in November when you both travelled? Was there any issue coming back to the UK, what documents did you need to show?

I will be in a similar situation later in the year as we will be travelling while waiting for RC. Thanks!


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## itchy84 (Jun 2, 2015)

We had no problems - customs just let him travel with no issues. Since then, we have traveled to Holland and the US, and at the border, he received a stamp to say he has an extension to stay another 6 months as he's waiting for the residency card. All in all, no problems


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## itchy84 (Jun 2, 2015)

Thank you- I will look into the Surinder Singh process. Do you know if it is better to apply for this before we receive his residency card, or does it not matter?


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## itchy84 (Jun 2, 2015)

*Can we move to NL?*

My US husband (David) has now received his UK residence card (valid for 5 years) but we are still planning to move to The Netherlands in June. He has been working in the UK now for a few weeks though and his boss has just told him that he is keen to keep him working on the job for the next few months (he works in film, so jobs tend to last a few weeks to a few months). 
If we move to The Netherlands in June (and apply for his reticence card there via the Surinder Singh route) can David keep working in this UK job, flying to the UK once in a while to work for a week or two, then come back to The Netherlands? Or does the UK residence card not allow him to work here as I (his European spouse) won't be working in the UK anymore?


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## Joppa (Sep 7, 2009)

UK residence card expires after being away from UK longer than 6 months. So while he may be allowed to continue his UK job for the time being, that will end soon.


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## itchy84 (Jun 2, 2015)

Thank you Joppa. So he will be able to keep the film job here in the UK till I (his spouse) have left the UK for over 6 months? As while he will be working that job, he will be based in the UK and I believe his residence card requires me to have a job in the UK for him to keep it (i.e. his residence card indicates that his spouse lives and works in the UK) - but you're saying it is okay for this to happen for up to 6 months?


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## Joppa (Sep 7, 2009)

You still need to be a qualified person in UK, by being in work, jobseeker or self-sufficient.


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## itchy84 (Jun 2, 2015)

Joppa said:


> You still need to be a qualified person in UK, by being in work, jobseeker or self-sufficient.


I will be moving to The Netherlands with him in June. Once we get there, we will apply for a Dutch residence card via the Surinder Singh route (which can take up to 6 months to process). My question is regarding the time after we move to The Netherlands, i.e. in June. 
Can David then still keep his job in the UK (while I am in The netherlands and we wait for the Dutch home office to process his residence card there) or is he not allowed to work in the UK anymore once we move to The Netherlands in June because his UK residence card is linked to me having a job in the UK?


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## Joppa (Sep 7, 2009)

Grey area. Strictly speaking no but for the first 3 months in the Netherlands, you and your husband's presence is lawful without doing anything, so presumably his continuing his UK job would be overlooked.


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## itchy84 (Jun 2, 2015)

That's good to know - thank you again for all your help! I really appreciate it!


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## Joppa (Sep 7, 2009)

Once you are fixed up with a job in NL and signed tenancy, it will get more difficult to sustain his UK job so bear this in mind.


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## itchy84 (Jun 2, 2015)

Thank you for the tip. I will probably find a job within the month of June, but we will live with my parents for a few months, so hopefully that should be okay?


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## Joppa (Sep 7, 2009)

Yes. Officially you are still in UK and just starting to find your feet in NL, which you can do for 3 months.


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## itchy84 (Jun 2, 2015)

I don't know what I would have done over the past year without all your advice - thank you so much!


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## itchy84 (Jun 2, 2015)

My (American) husband has moved to join me (Dutch citizen) in London. He moved with a family member on an EU citizen visa in September 2015. He has managed to find work in his industry here in London, but we are looking to move to The Netherlands, where finding a job for him will no doubt be hardly, mainly due to the language barrier, but also because the film industry in the Netherlands is less evolved than in the UK. As his visa only allows him to work in the country where I am based, does anyone know if it would be possible for him to set up a freelance company in the Netherlands and then for him to continue working in the UK on-and-off whenever they hire him via his company? In this way, he’d be paying his taxes in the Netherlands, so I imagine he would be allowed to work in the UK as well if his company in The Netherlands was being hired for him to work in the UK? Does anyone know if this is possible? Also, does anyone know if he would even be able to set up his own company if he’s on a husband of an EU citizen visa? Or is this only possible after he has lived there for x years?


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## itchy84 (Jun 2, 2015)

Also, would he be allowed to start up a company in the UK and work in another EU country for a few weeks? I imagine this is possible as he should have the same rights as any EU citizen, right?


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## Joppa (Sep 7, 2009)

It's a complicated matter because you are Dutch and he wants to establish himself in the Netherlands. Normally he isn't eligible as a family member of a Dutch national and has to go under the Dutch immigration law, but because of Surinder Singh provision, he will be able to obtain residence card in the Netherlands provided you move there with him. As things stand, he has no immigration status in the Netherlands either under the Dutch or EEA law, so it's questionable if he is allowed to set up a company there. He may have a chance after he obtains permanent residence in UK after 5 years here. Of course future Brexit will complicate things.

He should be able to set up a company in UK, but whether he is allowed to work in the Netherlands is up to the Dutch authorities (who are known to be very fussy about immigration law)


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