# Non EEA-Family Member



## Smasher (Mar 9, 2012)

Hi All,

I am new to this forum but need some help and didn't know where else to turn!!

I am a dual Canadian/Italian citizen living in Canada (I have a Canadian and an Italian passport) with my non-EEA spouse (he is the holder of a Canadian and Australian passport).

We are considering a move to the UK (just looking for a change), and from reading EVERYTHING I could on the UKBA website, I am thinking that I am able to enter the UK with my Italian passport and start working with no problem.

Now for my spouse, he will be entering the UK with me and would also like to work. My understanding is that he needs to apply for a family permit to have rights to work, although it mentions that this isn't required, only recommended.

My questions are:
Is this family permit only valid for 6 months? In the meantime do we apply for a more permanent permit?

While we are waiting for the initial permit to go through, is he unable to work? Generally how long will this take to go through?

And lastly... should we come to the UK and then apply from there, or should we apply from Canada before we come to the UK?

I am concerned that the permit will take months and months to go through and that we will be stuck living on one income for quite some time.

Any help at all would be greatly appreciated!!!!!!


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## Joppa (Sep 7, 2009)

Smasher said:


> Hi All,
> 
> I am new to this forum but need some help and didn't know where else to turn!!


Welcome to the best expat forum on the net!



> I am a dual Canadian/Italian citizen living in Canada (I have a Canadian and an Italian passport) with my non-EEA spouse (he is the holder of a Canadian and Australian passport).
> 
> We are considering a move to the UK (just looking for a change), and from reading EVERYTHING I could on the UKBA website, I am thinking that I am able to enter the UK with my Italian passport and start working with no problem.
> 
> ...


Yes, but your husband (?) can apply for his resident card valid 5 years after arriving in UK.



> While we are waiting for the initial permit to go through, is he unable to work? Generally how long will this take to go through?


EEA family permit itself should be issued pretty promptly. Latest figures suggest processing time of just a few days. He can work straight after arrival, and while he waits for his resident card, which typically takes 3-4 months.



> And lastly... should we come to the UK and then apply from there, or should we apply from Canada before we come to the UK?


Apply for the permit before arriving in UK. Don't take much notice of 'recommendation'. In fact if he turns up at the border without his permit, he will face a big hassle. It costs nothing to apply.



> I am concerned that the permit will take months and months to go through and that we will be stuck living on one income for quite some time.


While waiting for the residence card is a nuisance, he can still work. He will receive a letter from UKBA stating his right to work, which he can show to his potential employer.


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## Smasher (Mar 9, 2012)

I just noticed that we can apply for his family permit from Canada, and then I assume, come to the UK and while in the UK on the 6 month temp permit, apply for the residence card?


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## Joppa (Sep 7, 2009)

Smasher said:


> I just noticed that we can apply for his family permit from Canada, and then I assume, come to the UK and while in the UK on the 6 month temp permit, apply for the residence card?


Correct!


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## pamakar (Mar 10, 2012)

*non eea family member*

hi
i am ali from pakistan..my father is german national and currently living in uk.. i just want to know that wat are my chances for getting an eea family permit?..i am 19 years of old and studying..my father is living in uk sicne 2 year and he also got residence card...


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## Joppa (Sep 7, 2009)

pamakar said:


> hi
> i am ali from pakistan..my father is german national and currently living in uk.. i just want to know that wat are my chances for getting an eea family permit?..i am 19 years of old and studying..my father is living in uk sicne 2 year and he also got residence card...


The grant of an EEA Family Permit should be automatic provided you meet a few simple conditions:
a) You are under 21.
b) Your father is in UK exercising treaty rights. This means he is either working, looking for work, studying, permanently disabled, of independent means or retired.

You apply by completing form VAF5 and submit to the British High Commission in Pakistan (if that's where you live). It can be any British diplomatic post if you live somewhere else. There is no fee.

You will need a certified copy of your father's German passport. He needs to take it to a German consulate and ask for it (there will be a charge). You don't need to send in his actual passport.
He should also give you the photocopy of both sides of his registration certificate (no need to be certified), if it's not in his passport. 
You need your birth certificate naming your parentage.
Financial and other information as specified on VAF5.
A letter from your father inviting you to UK and offering to support you.

See UK Border Agency | How to apply for an EEA family permit


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## Smasher (Mar 9, 2012)

One other question... are we able to renew the 6 month family permit while in the UK? Also, do I have to have a permit in my Italian passport as well, or can I start work without it? Will they just automatically give me a permit as well since I have to send my Italian passport in with my partners Canadian passport?


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## Joppa (Sep 7, 2009)

Smasher said:


> One other question... are we able to renew the 6 month family permit while in the UK? Also, do I have to have a permit in my Italian passport as well, or can I start work without it? Will they just automatically give me a permit as well since I have to send my Italian passport in with my partners Canadian passport?


Instead of renewing the family permit, you apply for residence card for non-EEA family member which is valid 5 years. You apply on form EEA2.
As an EU citizen you don't need anything other than your Italian passport to work, but it will be a good idea to get a registration certificate as an EU citizen, esp as you want to sponsor your family member for residence card. Apply on form EEA1.
No, you have to make a separate application. You can get a same-day service at UKBA office in Croydon, South London, provided you make an appointment 2 months in advance. Both EEA1 and EEA2 applications have no fees. EEA2 application is by post only, and takes 3-4 months.
Go to UK Border Agency | European nationals and look at relevant sections for EEA and non-EEA members.


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## pamakar (Mar 10, 2012)

thank u joppa:clap2:

i have a question.my father has hire a lawyer in uk..he says that i will prepare ur case in three weeks and then u will go to ambassy and apply for eea family permit....i want to know that wats the role of lawyer in my case......is it helpful or he is just getting some money?


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## Joppa (Sep 7, 2009)

pamakar said:


> thank u joppa:clap2:
> 
> i have a question.my father has hire a lawyer in uk..he says that i will prepare ur case in three weeks and then u will go to ambassy and apply for eea family permit....i want to know that wats the role of lawyer in my case......is it helpful or he is just getting some money?


I don't know your situation so impossible to answer. Normally a lawyer is a waste of money for straightforward applications, but if there are issues, such as poor immigration record or history of failed visa applications, they may be of help.
Before handing over any money, make sure they are competent and are authorised by UKBA.


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## Smasher (Mar 9, 2012)

Joppa said:


> Instead of renewing the family permit, you apply for residence card for non-EEA family member which is valid 5 years. You apply on form EEA2.
> As an EU citizen you don't need anything other than your Italian passport to work, but it will be a good idea to get a registration certificate as an EU citizen, esp as you want to sponsor your family member for residence card. Apply on form EEA1.
> No, you have to make a separate application. You can get a same-day service at UKBA office in Croydon, South London, provided you make an appointment 2 months in advance. Both EEA1 and EEA2 applications have no fees. EEA2 application is by post only, and takes 3-4 months.


Do I have to get a family permit as well first? We will be applying for the permit for my spouse in Canada prior to leaving for the UK, so I will have to send it both of our passports for my spouse to obtain his family permit. Just wondering if at that same time I can apply for my family permit or if I do not even need one, and then when I get to the UK I can apply for a residence card for both of us?

(Sorry, I hope I don't sound confusing)!!


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## pamakar (Mar 10, 2012)

joppa 
wat is the processing time for eea and eea2?

i have only three months to stay in uk because of my studies...i cant stay more than it...?should i apply for eea2 on arrival or just leave it.because they also take passport for eea2...i read on different forum about eea2 processing time...it is 4 to 6 months


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## Joppa (Sep 7, 2009)

Smasher said:


> Do I have to get a family permit as well first? We will be applying for the permit for my spouse in Canada prior to leaving for the UK, so I will have to send it both of our passports for my spouse to obtain his family permit. Just wondering if at that same time I can apply for my family permit or if I do not even need one, and then when I get to the UK I can apply for a residence card for both of us?
> 
> (Sorry, I hope I don't sound confusing)!!


No, you don't need it and you can't get one for being an EU citizen. What I suggest you do is just before leaving for UK, go on the UKBA site and book a same-day appointment for registration certificate for EU citizens at their office in Croydon. That will help to experdite your spouse's residence card when he comes to apply for it, which is within 6 months of the start date for EEA permit. 

UK Border Agency | How to apply for residence documents as a European citizen


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## Jrge (Mar 22, 2011)

Smasher said:


> Do I have to get a family permit as well first? We will be applying for the permit for my spouse in Canada prior to leaving for the UK, so I will have to send it both of our passports for my spouse to obtain his family permit. Just wondering if at that same time I can apply for my family permit or if I do not even need one, and then when I get to the UK I can apply for a residence card for both of us?
> 
> (Sorry, I hope I don't sound confusing)!!


1.- You don't need to get a Family Permit, your spouse does.
2.- You can send a certified copy of your passport to support the Family Permit VFA5 application (Italian consulates charge a fee for this)
3.- Once in the UK, you should apply for your Residence Certificate (EEA1) and your spouse's Residence Card (EEA2) at the same time; preferably after you've completed the basis: housing, bank account, National Insurance Number (Nino), registering at the local GP, applying for jobs, etc. *Hint*: If you apply by post, you should have your EEA1 in 15 days, and your spouse something called Certificate of Application (COA) in 3 weeks. This document allows one to legally accept employment.
4.- When applying you must be exercising Treaty rights: UK Border Agency | Residence documents for European nationals.

Animo
(Cheers)


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## Jrge (Mar 22, 2011)

pamakar said:


> joppa
> wat is the processing time for eea and eea2?
> 
> i have only three months to stay in uk because of my studies...i cant stay more than it...?should i apply for eea2 on arrival or just leave it.because they also take passport for eea2...i read on different forum about eea2 processing time...it is 4 to 6 months


For straight forward applications (married couples) the average processing time is 3-4 months. For those other applications, processing time is 4 months and upwards.

If you plan to stay in the UK for only 3 months, then there's not need to apply for an EEA2. In your case, a Family Permit is more than enough.

Animo 
(Cheers)


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## Jess.L (May 8, 2012)

Jrge said:


> 1.- You don't need to get a Family Permit, your spouse does.
> 2.- You can send a certified copy of your passport to support the Family Permit VFA5 application (Italian consulates charge a fee for this)
> *3.- Once in the UK, you should apply for your Residence Certificate (EEA1) and your spouse's Residence Card (EEA2) at the same time; preferably after you've completed the basis: housing, bank account, National Insurance Number (Nino), registering at the local GP, applying for jobs, etc. Hint: If you apply by post, you should have your EEA1 in 15 days, and your spouse something called Certificate of Application (COA) in 3 weeks. This document allows one to legally accept employment.*
> 4.- When applying you must be exercising Treaty rights: UK Border Agency | Residence documents for European nationals.
> ...


Instead of starting up a new thread with questions, I'm resurrecting an old thread. 

For the EEA2 application, as the EU national, I should first obtain a Registration Certificate confirming my right of residence in the UK (in my case, as a student) via the EEA1 application form. 
http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/eea/eea11.pdf

For this application, my passport is required. I have 2 options: a) apply by post or b) apply in person by making an appointment at the Croydon office at least 2 months in advance. Regarding processing times, for option A it says "We deal with all applications within 6 months. Some applications will be resolved much sooner." and for option B it says "If you apply in person for a registration certificate at our public enquiry office in Croydon, we will usually process your application on the same day.". 
(quoted from: UK Border Agency | How to apply for residence documents as a European citizen)

Travelling to Croydon is definitely not convenient for me as I'll be in Scotland. Does anyone have any idea how long processing for the EEA1 takes by post? (Animo, you mentioned that the delay is generally 15 days by post; does this still stand?)

Since both EEA1 and EEA2 require my passport AND since EEA2 requires my registration certificate, I have to complete EEA1 before submitting EEA2? yes?

OR...can I hit 2 birds with one stone by submitting EEA1 and EEA2 in the same package??

Thanks in advance Expat team. You've been lovely


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## Jrge (Mar 22, 2011)

Jess.L said:


> Instead of starting up a new thread with questions, I'm resurrecting an old thread.
> 
> For the EEA2 application, as the EU national, I should first obtain a Registration Certificate confirming my right of residence in the UK (in my case, as a student) via the EEA1 application form.
> http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/eea/eea11.pdf
> ...


Hi,

Processing times have slightly increased. Latest I heard was 4 weeks in order to receive EEA1. You can submit both applications in the same package and, there's one member that applied for his wife's EEA2 without applying for his EEA1. *HINT*: when submitting form(s) + supporting documents, include a pre-paid express envelope (about £6) so when you request his passport, it gets to you in days and not in weeks.

Animo
(Cheers)


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## Jess.L (May 8, 2012)

So we can submit form EEA1 and form EEA2 with all the required documentation, which seems to overlap for both applications. And then include 2 return envelopes: one for when we request our passports back and one for when they return all of our documentation at the end of the process. 

If we request our passport back, do they ask us to re-send the passports once a decision has been made about both EEA1 and EEA2?


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## Jrge (Mar 22, 2011)

Jess.L said:


> So we can submit form EEA1 and form EEA2 with all the required documentation, which *seems to overlap for both applications??*. And then include 2 return envelopes: one for when we request our passports back and one for when they return all of our documentation at the end of the process.


Hi, I suggest to include only *one *pre-paid express envelope, so you can receive your husband's passport within 2 days. Euro Case Workers will send you everything via Royal Mail, and you must sign for it. 



Jess.L said:


> If we request our passport back, do they ask us to re-send the passports once a decision has been made about both EEA1 and EEA2?


You shouldn't have to request yours, they will send it quick with your EEA1-RC placed on a green certificate. However, in your husband's case it's not even necessary to send it back, as they will place his EEA2-RC on a Travel Document. After you are finished with your traveling, you can email @ Liverpool and find out if there's still time to send his passport back for stamping. 

Animo
(Cheers)


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