# questions regarding EEA family permit application for US citizen moving to the UK



## Typewriter (Sep 9, 2011)

Hi All, 

Here's the quick rundown:

Have been visiting my boyfriend in the UK for the past 5 months. We're getting married in the US at the beginning of May (I'm a US citizen, he's an Irish citizen who has been working in the UK for a couple of years) and then I will be applying for an EEA Family Permit so that I can come back. (He's Irish and hence this would be available to us). We've been together for 2 years. 

I know generally this application -- the EEA family permit -- is pretty straightforward and the requirements are much less strict than for a UK marriage visa...HOWEVER I was detained on the way into London. The border agent was suspicious about my coming to the UK for so long and I was not forthcoming out the full extent of my relationship with my boyfriend. (I know that one should always be truthful with border control, however I was very nervous and under the impression that if I said exactly how serious we were, they'd assume I would not leave at the time my return ticket specified. If I had to do it again I'd handle the whole thing differently of course, but I was caught off guard. Stupid, I know). When I was taken into custody, they ultimately let me through. What is confusing is that they detained me under suspicion of "trying to use deception to enter the country" (I can't remember the exact wording) and in the end seemed to decide that I I *had* been misleading, but let me into the country anyway. 

So, on to my question(s): we found an immigration solicitor who could help us with the application, and by that I mean, advise us on everything/ write us a letter to send along wit our application, etc. He seemed smart/honest and did not seem like he was trying to convince us we needed to hire him just for the sake of his making extra money. (He even said the application was pretty straightforward). The total cost for his services will be around 500 pounds (150 an hour for about 3 hours). This is not an insignificant amount of money, but it isn't going to make or break us either. 

So, I guess I have a few questions here: how likely is it that we would be denied the EEA Family Permit visa? On what grounds can a person be denied? My fiance is an Irish citizen and is working in the UK. This is not a 'marriage of convenience" and we have plenty of evidence to prove that. Are there other grounds on which we can be denied? I have no criminal record or anything like that, not even a parking ticket. Or, to put it another way, do we need to hire the lawyer or not? To be honest, it would give me peace of mind to know that an expert was handling it, but at the same time I don't want to waste money. 

Also, I've been told the estimated wait time for this type of visa is 2-3 weeks, does anyone have any idea how much extra time we should expect to wait? I am assuming the fact that I was detained will mean my application will have ot undergo more scrutiny than the average application would. 

Anyway, thanks for reading. Sorry for the rambling. Any help is much appreciated.


----------



## Joppa (Sep 7, 2009)

Typewriter said:


> Hi All,
> 
> Here's the quick rundown:
> 
> ...


I don't think you need a lawyer. Being held up at border isn't the same as being denied entry so you don't have to disclose it. I cannot see why you shouldn't get your EEA family permit.


----------



## Jrge (Mar 22, 2011)

Typewriter said:


> Hi All,
> 
> Here's the quick rundown:
> 
> ...


1) Don't waste your money, you don't need a lawyer.
2) You were questioned at the airport; it happens all the time. I just came back from Philly and was questioned at Heathrow. 
3) This entry clearance (EEA Family Permit) takes 10 - 15 days (Actually, Joppa and this humble being, are slitting hair on the processing time) 
4) Relax!

Animo
(Cheers)


----------



## Typewriter (Sep 9, 2011)

Thanks very much, Joppa and Animo!

And yes, I could definitely stand to relax here 

Just to make sure I was clear/ give a little more relevant info: 

I wasn't just questioned, I think I was actually taken into custody? (Was fingerprinted, put in a holding room, etc. They kept saying they might send me back, but ultimately didn't). 

I made a subject access request and got my file from the home office detailing my questioning, etc. Assuming this file is something they'd consult when going over my visa application. 

During my questioning I said that I was not intending to try and settle permanently in the UK and that what I really wanted was for my boyfriend to get a job in the US and be able to move back with me. Unfortunately jobs in the US in his field are very hard to come by (he's applied to one but we haven't heard anything so far), and now that we're getting married, staying here for now just makes more sense since my job is portable. I realize people's plans change, but...is this something (this change of plans) I should address in the letter?


----------



## Jrge (Mar 22, 2011)

Typewriter said:


> Thanks very much, Joppa and Animo!
> 
> And yes, I could definitely stand to relax here
> 
> ...


If you apply for an EEA Family Permit (form: VFA5), it will be made under EEA Regulations. Therefore -and in theory- you should not be refused, unless: 

UK Border Agency | Supporting documents for an EEA family permit
* we find that any documents are false;
* you have not provided sufficient evidence that you are related to the EEA national;
* you have not provided sufficient evidence (where it is required) that you are dependent on the EEA national;
* you do not intend to accompany the EEA national to the UK, or to join them here;
* the EEA national does not have a right of residence in the UK; or
* you are involved in a 'marriage or civil partnership of convenience'. This is a marriage or civil partnership that is for immigration purposes only, with neither person planning to live with the other in a genuine and settled relationship.

Remember tip # 4: Relax!

Animo
(Cheers)


----------

