# EEA Family Permit



## Alejandro89 (Jan 30, 2012)

Hi
I hope somebody can help my with my issue. well i am a colombian citizen and i had travel to the UK as a student, and then i met my girlfriend she is a british citizen, then we got a baby together after time , i was trying to apply for a visa to stay there before babys born. but my visa has finished 2 months before baby born. so im heading back in colombia right now because i got the advice for a lawyer to come back to colombia and don´t make any problems for my visa history. so im now here ( Colombia) reading a lot about the EEA family permit that allows me to go back to england and join my family. so is this one the right apliccation that i have to apply for?. The application form is asking me about my sponsor so how is my sponsor in this case.? and as a last question . do i need any money in my bank account to show on this apliccation?

Many thanks if somebody realy can help me with it 

Alejandro


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## Bevdeforges (Nov 16, 2007)

The EEA family permit is only for non-EU nationals looking to join an EU national living in the UK. If your partner is a UK citizen, you have to go the visa route. Joppa should be along soon to explain in greater detail.
Cheers,
Bev


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## Joppa (Sep 7, 2009)

Bevdeforges said:


> The EEA family permit is only for non-EU nationals looking to join an EU national living in the UK. If your partner is a UK citizen, you have to go the visa route. Joppa should be along soon to explain in greater detail.


Thanks, Bev. Yes, EEA family permit is only applicable if your gf is non-UK EEA citizen or she is currently living in another EEA country outside UK. Also the fact that you are unmarried makes it a bit tricky.

So you need to apply for a fiancée visa with a view to settlement. You must marry within 6 months of arrival. You can only go for unmarried partner visa if you have documentary evidence that you have cohabited for 2 years. 

See UK Border Agency | Family of British citizens and settled persons, choose unmarried partner or fiancé and follow the links. You get further guidance on how to apply in Colombia by going to UK Border Agency | UK Border Agency in Colombia.
Your sponsor for either visa is your UK partner.


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## Alejandro89 (Jan 30, 2012)

Sure thanks. but at the moment we want to live together but we dont want to get married yet. knowing that i have a child with her a british citizen kid. i want to join the both of the in the uk is the EEA Family permit the oe that i ahve to apply for?


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## Joppa (Sep 7, 2009)

Alejandro89 said:


> Sure thanks. but at the moment we want to live together but we dont want to get married yet. knowing that i have a child with her a british citizen kid. i want to join the both of the in the uk is the EEA Family permit the oe that i ahve to apply for?


No. EEA family permit isn't applicable in your case, and if you apply for it, you will be rejected. You must apply for settlement visa under UK immigration laws. 
Having a child with a British citizen doesn't give you any right to come and live in UK. You must either apply as a fiancé with a view to marriage or as unmarried partner, but only if you have already lived together for 2 years.
Otherwise, you can only visit UK to meet your child.

There is one visa you can go for, and it's called leave to enter to exercise right of access to a child. The rules are in UK Border Agency | Part 7 - Other Categories. The important condition is you have a UK court order giving you the right of access (contact), or a certificate from district judge confirming your intention to maintain contact with the child. In both cases you must intend to take an active role in your child's upbrining. You must also meet accommodation and maintenance requirement without recourse to public funds.
You should really have professional legal advice to successfully apply for this visa, as it's complicated with specific requirements. It will be difficult and expensive to apply for a relevant court order or certificate while you are abroad, and legal representation (service of a lawyer) is essential. Perhaps your girlfriend and her parents can help?


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## Alejandro89 (Jan 30, 2012)

Many thaks for it. i was complety wrong about it. thas tru i need to get a professional legal advice. but at the moment is not a possible thing for me to get. about your previous question , (Perhaps your girlfriend and her parents can help?) sure they are more than happy to help me with all the process. can they get the court order or certificate?.


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## Alejandro89 (Jan 30, 2012)

Because im not living in the Uk i will be able to get this court order or certificate from somewhere else apart of england?.

Thanks


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## Joppa (Sep 7, 2009)

Alejandro89 said:


> Because im not living in the Uk i will be able to get this court order or certificate from somewhere else apart of england?.
> 
> Thanks


No. As the child is in UK with British parent, only British court has jurisdiction over the case and in any event UKBA will only accept order or certificate from UK court.


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## Alejandro89 (Jan 30, 2012)

i am really glad with all the infromation . many thanks. i also have anothe question. is there any aplication form . which is goint to suite me in this case? because they are asking for - The applicant holds a valid UK entry clearance for entry in this capacity?. 

Thanks


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## Joppa (Sep 7, 2009)

Alejandro89 said:


> i am really glad with all the infromation . many thanks. i also have anothe question. is there any aplication form . which is goint to suite me in this case? because they are asking for - The applicant holds a valid UK entry clearance for entry in this capacity?.


I can't find the paper form, but to apply online, go to your country page, then click 'Apply online', enter some personal details and choose 'Right of access to a child'. This will open up your online application form for this visa.

Ask your girlfriend and her family to start the process for getting the court order or certificate for you. They need a lawyer, and it shouldn't be too difficult, as it will be uncontested and it's clearly in your child's interest see the daddy.


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## Alejandro89 (Jan 30, 2012)

Hi im back againg. i just found out that the best option form my an my girlfriend and my littel boy is to get a fiance visa . so i know most of the things about it . but also i got some questions. I will be more thant glad if somebody can help me with it, Well basically i need to know if i need some amount of money in my account to show to the britsih embassy once i am applying for my fiance visa back in colombia to go to the UK.? another question is that if all the papers that my fiance are sending to my from by internet (she had scanned some papers that i need from her) so does those papers need to get a stamp before i send them to the british embasy. 

Many thanks in advance.

Alejandro Pedroza


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## Joppa (Sep 7, 2009)

Alejandro89 said:


> Hi im back againg. i just found out that the best option form my an my girlfriend and my littel boy is to get a fiance visa . so i know most of the things about it . but also i got some questions. I will be more thant glad if somebody can help me with it, Well basically i need to know if i need some amount of money in my account to show to the britsih embassy once i am applying for my fiance visa back in colombia to go to the UK.? another question is that if all the papers that my fiance are sending to my from by internet (she had scanned some papers that i need from her) so does those papers need to get a stamp before i send them to the british embasy.


Yes, you must meet maintenance (financial) requirement. There must be at least £165.56 per week left over after paying for rent or mortgage and council tax. This must be for a period of 6 months, and it can be a total of your UK fiancée's earnings, combined savings divided by 26 and any external support such as her parents or other relatives. If she is on benefit, any benefit payment is disregarded (doesn't count towards the minimum sum required).

All supporting documents must be originals (not copied or scanned), except for your sponsor's UK passport which can be just a black-and-white copy of the bio pages with photo and signature. If her bank only offers internet statement, she has to take it to a branch and get every page stamped as authentic. You must attach a photocopy to every document you send in that you want returned.


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## Alejandro89 (Jan 30, 2012)

Joppa said:


> Yes, you must meet maintenance (financial) requirement. There must be at least £165.56 per week left over after paying for rent or mortgage and council tax. This must be for a period of 6 months, and it can be a total of your UK fiancée's earnings, combined savings divided by 26 and any external support such as her parents or other relatives. If she is on benefit, any benefit payment is disregarded (doesn't count towards the minimum sum required).
> 
> All supporting documents must be originals (not copied or scanned), except for your sponsor's UK passport which can be just a black-and-white copy of the bio pages with photo and signature. If her bank only offers internet statement, she has to take it to a branch and get every page stamped as authentic. You must attach a photocopy to every document you send in that you want returned.




Ok thanks, but i have to figure out the money issue because i just came back to colombia like 4 monhts ago and i dont have any savings and neither my fiance she is supporting our littel 4 monhts boy so she dosen´t have that much money to show to the goverment that she can support me for a period of 6 monhts. neither me. i may can get Two thousand pounds into my account and say that my father will support me as well ,also my fiance will send my a cover letter saying that she is my fiance and we have a family together and she will support me with wethever she have. what do you think about it?. 

Also she already paid in advance 6 months rent at her new place that she are planning to move in like two weeks . so it saids that i should get the tenancy agreement that she just made for the next 6 months? but the original one or it could be a photocophy? is just takes so long to send all this papper from the UK to colombia. could you please tell wich paper does really must be the original onces? and the other onces just copies?.

Look this is the The Fiance Visa Checklist that i got have a look and sorry for ask that much . 

Application form (VAF4), photo, and fee)
Applicant's passport
Evidence of sponsor's immigration status in UK (sponsor's passport)
Sponsor's birth certificate (if passport not available), Applicant's birth certificate, Dependent children's birth certificate(s)
Evidence that the sponsor and applicant have met
Letter from the sponsor confirming the application and explaining the grounds of the relationship
Divorce/death certificates
Evidence of sponsor's employment in UK
Sponsor's pay slips (6 months)
Sponsor's bank statements (6 months)
Evidence of applicant's or sponsor's savings
Evidence of sponsor's mortgage or tenancy agreement
If rented accommodation, evidence that the landlord gives permission for an additional resident
If dependent children are accompanying the applicant, evidence that the accommodation is large enough
Evidence of on-going contact
If available, applicant's old passport
If available, a provisional registry office booking
A photocopy of all original documents submitted
Biometrics

Many thanks in advance to you matte


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## Joppa (Sep 7, 2009)

Alejandro89 said:


> Ok thanks, but i have to figure out the money issue because i just came back to colombia like 4 monhts ago and i dont have any savings and neither my fiance she is supporting our littel 4 monhts boy so she dosen´t have that much money to show to the goverment that she can support me for a period of 6 monhts. neither me. i may can get Two thousand pounds into my account and say that my father will support me as well ,also my fiance will send my a cover letter saying that she is my fiance and we have a family together and she will support me with wethever she have. what do you think about it?.


You must between the two of you hav the minimum amount I've given. If you don't have enough, you must get support from a UK-based external sponsor and they have to submit a letter making a formal offer. Your father can only top up your savings before you apply. If the total amount doesn't come to the level required, your application is almost certain to fail. 



> Also she already paid in advance 6 months rent at her new place that she are planning to move in like two weeks . so it saids that i should get the tenancy agreement that she just made for the next 6 months? but the original one or it could be a photocophy? is just takes so long to send all this papper from the UK to colombia. could you please tell wich paper does really must be the original onces? and the other onces just copies?.
> 
> Look this is the The Fiance Visa Checklist that i got have a look and sorry for ask that much .
> 
> ...


 Original


> Evidence of sponsor's immigration status in UK (sponsor's passport)


 Plain black-and-white photocopy of bio pages


> Sponsor's birth certificate (if passport not available), Applicant's birth certificate, Dependent children's birth certificate(s)


 Original


> Evidence that the sponsor and applicant have met


 Travel tickets, photos etc.


> Letter from the sponsor confirming the application and explaining the grounds of the relationship


 Original signed by the sponsor. It's also a good idea to enclose a similar letter from you, outlying your relationship so far.


> Divorce/death certificates
> Evidence of sponsor's employment in UK


 Work contract - this can be a copy provided the employer signs it as a true copy.


> Sponsor's pay slips (6 months)
> Sponsor's bank statements (6 months)
> Evidence of applicant's or sponsor's savings


 All originals


> Evidence of sponsor's mortgage or tenancy agreement


 This also can be a copy if the landlord signs it as true copy.


> If rented accommodation, evidence that the landlord gives permission for an additional resident


 Original letter


> If dependent children are accompanying the applicant, evidence that the accommodation is large enough


 Ask the landlord to give the number of bedrooms in the property in their letter.


> Evidence of on-going contact


 Skype logs (some examples), some emails, texts etc.


> If available, applicant's old passport
> If available, a provisional registry office booking


 Yes, get this.


> A photocopy of all original documents submitted
> Biometrics


 Biometrics receipt will be given to you at the appointment, which you put on the top of your pile of documents.


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## Alejandro89 (Jan 30, 2012)

Joppa said:


> You must between the two of you hav the minimum amount I've given. If you don't have enough, you must get support from a UK-based external sponsor and they have to submit a letter making a formal offer. Your father can only top up your savings before you apply. If the total amount doesn't come to the level required, your application is almost certain to fail.
> 
> Original
> Plain black-and-white photocopy of bio pages
> ...







Thanks for the information.

So if i understood right my girlfriend back in UK should send me by post the originals of ( pay slips. Bank statements, covering letter from her an another one from the landlord about my accomodation) im allright? another thing about my son, Do i have to send to the british embassy my son original birth certificate knowing that he is living with his mom back in the UK? both of the are british citizen since born. im going to travel alone. 

Sorr for ask that much. Another thing is the money issue so i work it out and for the six monhts is around 4 thousand pounds that i need to have. So the question is , That much money have to be in to my bacnk account for how long? with out that amount of money my visa likely will be refused even if i have less thant that amount?. 

I got a last question for you. look i know most of he procces of it i have been reading alot almos 2 months. this check list that i send you i think are all the papers that i need right there . so my question is with all the information i have and the one you gave me do you think that i should get a lawyer in my procces? is just i dont really trust them . so wat do you think i am confident that i can do it by my self but what do you think you seeing my situation ?

Many thanks


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## Joppa (Sep 7, 2009)

Alejandro89 said:


> Thanks for the information.
> 
> So if i understood right my girlfriend back in UK should send me by post the originals of ( pay slips. Bank statements, covering letter from her an another one from the landlord about my accomodation) im allright? another thing about my son, Do i have to send to the british embassy my son original birth certificate knowing that he is living with his mom back in the UK? both of the are british citizen since born. im going to travel alone.


Yes, to show he doesn't need a visa for being a British citizen, and that he will be living with you as part of the family and therefore requires additional funds. Some of the money your fiancée gets for him, such as child benefit, can be counted as part of her income because he is a citizen.



> Sorr for ask that much. Another thing is the money issue so i work it out and for the six monhts is around 4 thousand pounds that i need to have. So the question is , That much money have to be in to my bacnk account for how long? with out that amount of money my visa likely will be refused even if i have less thant that amount?


It doesn't all have to be in your account but has to be available to you as part of your financial resources, such as your UK sponsor's income (so much per week), in combined savings (what you have now) and any external support. You just have to make sure that the minimum will be clearly available each week for 6 months. If you don't meet the minimum amount, yes, your application is likely to be rejected. 



> I got a last question for you. look i know most of he procces of it i have been reading alot almos 2 months. this check list that i send you i think are all the papers that i need right there . so my question is with all the information i have and the one you gave me do you think that i should get a lawyer in my procces? is just i dont really trust them . so wat do you think i am confident that i can do it by my self but what do you think you seeing my situation ?


A lawyer can do no more than what you and I can. I have set out the requirements and you must meet them. If you do, you'll have a good chance of a visa, if not, probably not. I can't be certain either way as I haven't seen your whole application package and don't make the decision.


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## joantovar (Jul 29, 2010)

So JOPPA quick question..... U already know that my fiancée visa got rejected so I’m going marry her somewhere else maybe here is visitor marriage visa get approve ... if we apply for the EEA family permit (I’m Italian) will we face any problems since I only been here in the UK for 1 year, also we don’t have any financial commitment at the moment.

Here is an outline of what we are planning on doing since the fiancée visa got rejected …

UK Visitor marriage Visa 
Then back to the States 
Then EEA family permit (if possible )
Then if she gets the permit how long would it last and what to apply next…

thanks for your help


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## martinemaigue (Aug 15, 2012)

hello , i don t know if this is the right place to write my message.
My husband is an eea holder, italian leaving in uk since 4 month, but he just have a work contrat last month, he is a farmacist and i am a dentist.
We have been leaving together in italy for more than 15 years , and 4 years ago we get married , but since then, i am leaving in my country, with our 3 kids who were all born in italy, but are not italian because my husband become italian just one year ago, while i was here with the kids cameroon, while he was in italy, but i use to go there at least once a year and he also come in my country once a year at least.Now he wants us to join him in the uk...so we need a family permit, my questions are...i can t find how to apply online for the family permit ,my husband just get his work contrat and have no money in his bank account..
i would also like to know if it would be easier for us to apply from italy, since we have permanent stay ther, or i should apply from cameroon, where i am curently leaving and working ?
thanks for you answer


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## Alejandro89 (Jan 30, 2012)

Hi , I hope you can help me with my problem 

After all i didn´t apply for the EEA family permit to go and join my girlfriend and my son in the UK, So finally i´m going to apply for a tier 4 general student visa . But as usual i gotta problem on these application. I´ve got all the paperwork allready . bank statement, CAS numer . everything etc. . My only problem is that I should have on the previous courses i have been in a 80% of attendance, I was in the UK for 18 months , the first course was a 12 months english language course and for these one i got 85% attendance, The second course was a 6 month english language course and for these i got 65% attendance, there is my problem you know that it should be 80 % attendance for both of them , So i have got advise by and agency which is helping my out and cheking my process , The advice was that i shouldn´t go and apply knowing that i got a 65 % of attendance on one of my previous courses in the UK . Ans that one is the main reason my visa will be refused . The length of the short course that im going to take is just 3 months . 

Is basically because the clearence officer will think that instead of going to my classes i was working . and because the new course is just 3 monhts i will go to england to do the same think and take jobs away for people who have the rights to work in the UK . 

What will be the best advise from you in these case? 

I really hope you will get my point.

If you have any question please don´t hesitate in contact me.

Many thanks in advance 

Alejandro


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## Mymorg (Aug 14, 2012)

*How long will this last?*

Are there talks of the uk government putting a stop to EEA family members getting into the uk this way? I can't find any information about this at all.


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## Joppa (Sep 7, 2009)

Mymorg said:


> Are there talks of the uk government putting a stop to EEA family members getting into the uk this way? I can't find any information about this at all.


There have been some changes to migration under EU rules following several recent court decisions, but basically no. As long as UK remains in EU - there's a talk of a referendum on UK's EU membership, UK will have to obey EU legislation on rights of EEA citizens to bring their non-EEA family members into UK. But there have been several changes recently, one of which may affect your ability to migrate to UK under EU rules, depending on circumstances. Look at UKBA site under European nationals.


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