# Totally confused about family permit for non-EEA spouse of EEA national!



## DavidO (May 3, 2010)

I'm a US citizen married for 30 years to a German national. We've visited the U.K. a lot and are thinking about settling there. We are financially self-sufficient and I have no plans to seek employment.

I've studied both Worldbridge and U.K. Border Agency websites and they have totally ambiguous information.

Here's a statement from UK Border Agency Visa Services Home Page



> Do my family members need a residence card? (family members of EEA national)
> 
> Your non-EEA family members can, if they want to, apply to the UK Border Agency for
> a residence card _once they are in the UK_. *They do not have to do this* - it simply confirms that they have the right to live with you in the UK because you have a
> right of residence.


And here's another from the UKBA:



> Do you need to apply?
> 
> *You do not need to obtain documents confirming your right of residence in the UK if
> you are a family member of an EEA national.*
> ...


Both of these statements totally contradict what I've learned elsewhere. Namely, that:

1. I must obtain a family permit, and
2. I must do this before travelling to the U.K.

Does anyone have personal experience that can clarify these points?:confused2:


----------



## Joppa (Sep 7, 2009)

DavidO said:


> I'm a US citizen married for 30 years to a German national. We've visited the U.K. a lot and are thinking about settling there. We are financially self-sufficient and I have no plans to seek employment.
> 
> I've studied both Worldbridge and U.K. Border Agency websites and they have totally ambiguous information.
> 
> ...


Yes, I have noticed the apparent discrepancy, but what you need to know is this. In order to join your spouse in UK, you must have a pre-obtained EEA Family Permit from the British consulate in Spain (or anywhere else for that matter but it's convenient to use one in your country of residence). It's issued free and pretty quickly, in a few days. In theory you have the right under EU regulations to join your spouse, but the UK has enacted rules to confirm your right in the form of EEA Family Permit (other countries have different rules). For France, for example, you can just arrive with your passport and apply for residence permit (carte de séjour) at your local town hall (mairie). But there is a much stricter rule if you want to go and live in Germany, as you are bound by German domestic immigration law, as German nationals cannot just bring in non-EU family members under EU rules.

Under EU law, you have the right to stay in UK as long as your spouse is exercising community right there, such as working, being self-sufficient, studying, retiring and so on. But since EEA Family Permit is only valid for 6 months, you may find it difficult to prove you have such a right under UK legislation and are able to travel in and out of the country. So you should apply for your biometric residence card (credit card-sized) and a sticker endorsement in your US passport. You apply to the European Section of UKBA in Liverpool, and it can take up to 5-6 months to process, as they have a large backlog, but you don't have to pay.


----------



## DavidO (May 3, 2010)

Thanks for this clarification. I knew inside that I needed a permit but you must admit that this wording in the websites is confusing.

If, as they say, a non-EEA family member has the *right* to join their EEA spouse to reside in the U.K., they why do you need to apply for permission? If you have the right it seems to me that you could just arrive at the airport with your spouse and say "I have a right to enter and stay here".

Now, I know it doesn't work that way and I'm not about to try it. And since the family permit sounds pretty easy I'm happy to get it.

I just can't get my head around those website statements and the usage of the word "right".


----------



## Joppa (Sep 7, 2009)

DavidO said:


> Thanks for this clarification. I knew inside that I needed a permit but you must admit that this wording in the websites is confusing.
> 
> If, as they say, a non-EEA family member has the *right* to join their EEA spouse to reside in the U.K., they why do you need to apply for permission? If you have the right it seems to me that you could just arrive at the airport with your spouse and say "I have a right to enter and stay here".
> 
> ...


As I said, having certain EU rights and proving you have and being admitted to an EU country is a different matter, so individual countries have incorporated various EU rules into their domestic legislation in order that you will have a _prima facie _proof of your entitlement, of which EEA Family Permit is one.
Also the border agency staff don't want to deal with people claiming to have EU rights and have to exmine their claim at the port of entry, delaying other passengers. I don't blame them when there are so many sham marriages and forged documents in circulation. Let the consulates screen all applicants first.


----------



## DavidO (May 3, 2010)

This makes more sense to me now. Thanks!

I should also add that 30 years ago when my new wife had to get a green card in America the process was long, confusing and intimidating compared with getting a family permit. So I'm definitely not complaining!


----------

