EEA Family Permit [Archive] - Filipino UK Forum

Crampton

30th August 2012, 21:54

Does any one know anything about this type of visa? I am in pursuit of this for my Filipina wife.

Terpe

31st August 2012, 10:34

:welcomex: Hi there Crampton, welcome to the forum.

An EEA Family Permit is a special form of 'entry clearance' to the UK (similar to a visa).
It's used is for nationals of countries outside the European Economic Area (EEA) (eg Philippines) who are family members of EEA nationals.
In principle so called Family Members are:-
- husband, wife or civil partner;
- children or grandchildren (or the children or grandchildren of your husband, wife or civil partner) who are under 21 years of age or are dependent on you; and
- the parents or grandparents of you and your husband, wife or civil partner, if they are dependent on you.
The family permit is issued prior to a person's travel to the UK, is valid for six months and is free of charge.

In connection with the idea to use this route to bring your wife to UK you'll need to be more specific on your circumstances.
I notice you're in Northern Ireland. Are you a UK national?

If you're considering using British/Irish dual citizenship as the basis for a family permit application you need to be aware that the rules on this for folks in Northern Ireland (and also holding Irish citizenship/passport) recently got changed.

The definition of “EEA national” has been amended in light of the ECJ judgment in McCarthy, which confirmed that the provisions of the Directive are not applicable to an EEA national who has never exercised his right of free movement, who has always resided in a Member State of which he is a national and who is also a national of another Member State.
An EEA national is therefore now defined in amended regulation 2(1) as “a national of an EEA State who is not also a United Kingdom national”.

Crampton

1st September 2012, 18:16

Terpe,

I am an Irish national (born in Monaghan ROI) and have been living with my mother in Armagh Northern Ireland for the past ten years. I attended college in Shannon ROI and through that I traveled on a J1 visa to work for 12 months. There I met and married a Filipina girl holding permanent residency (green card) in the United States. We did want to allow her to obtain her American citizenship in October 2014 so we applied to get myself Alan a spousal visa to the USA but have recently been informed that it will take a minimum of 3 years to obtain my visa. We cannot wait that long to be together. So upon deciding what would be easier through Ireland or the UK we went with the UK as the Irish would not accept my mother Margaret (also born and bread in Monaghan ROI) as a sponsor as she now lives 20 mile away across the border in Armagh Northern Ireland. As I have been at college until August 2011 I have not got much savings or work history in the UK so we need a sponsor. We will have written notarised letters of invitation and sponsorship and I am getting my Irish passport endorsed by the Irish embassy in Dublin (They wanted it done in USA but I'm not there so they said this was fine) I will include what little savings we have Joint Account in USA my account and my wife's Patti's in USA my Irish account and UK account this will amount to approx. £5000.
I am concerned that because I don't have any bills in the UK or tax history as , another story but they made a mess of my National Insurance Number so I had to get a brand new one recently.
I am currently unemployed as I am not long back from visiting the USA for 10 weeks and as you know work is scarce here. I'm hoping to find anything but don't think I'll get it in time to send payslips and other evidence of work to the USA for my wife to apply. We are hoping to bring her here on November 20th along with our daughter Leona 1 year old in November and a lucky girl holding Irish and American Passports from her automatic dual citizenship Irish/American.
My wife Patti feels that if we mark on the application, unemployed it will be rejected so we are going to go with marking self sufficient - which I am being looked after by my mother as will Patti and Leona.

In summary,
I am writing all this because any little detail can make a difference, but don't get lost in it, just if you spot something that might help us.
I am concerned about refusal due to lack of finance and not exercising my EU Treaty rights or qualified person.

"If the EEA national has lived in the UK for more than 3 months, you must provide evidence that they are a 'qualified person'. This evidence could include:

their contract of employment, wage slips and/or a letter from their employer, if they are a worker;
evidence of their National Insurance contributions, Construction Industry Scheme card (if applicable), lease on business premises, contracts, invoices, audited accounts and/or bank statements, if they are self-employed;
a school/college/university letter confirming their enrolment and the completion date of their course, and/or a bank statement or evidence of a grant or scholarship, if they are a student; or
evidence that they have sufficient funds to maintain themselves and their family members for the period of their residence in the UK, if they are self-sufficient."

Thank you for replying to me didn't really know how to start this forum with what I'm looking for.
Thank you in advance for any help.

Alan

Terpe

2nd September 2012, 08:02

Are you a UK National? (British Citizen) or solely Irish Citizen?

Crampton

2nd September 2012, 17:38

Irish national only. Settled in the UK.

Terpe

2nd September 2012, 19:21

Irish national only. Settled in the UK.

Then technically you are in a good 'base' position to excercise treaty rights as an Irish citizen in UK and have your wife apply for an EEA family permit to enter UK on a settlement route.

Take a look at this UKBA page (http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/) and see how you stand.
Be sure to follow those UKBA links though.

I think you may need to do something about your employment situation, but in principle everything looks OK. This route does not require any costs for the visa's, no English Test is required and you do not need to comply with any UK immigration rules.

Anyway, take a read and see what clarifications you need.

Quite a few folks here have followed the EEA family permit route so hopefully they will share their experiences.

Crampton

2nd September 2012, 23:24

I do think we'll be ok but we just won't hold our breath as we've had many setbacks before.

If the EEA national has lived in the UK for more than 3 months, you must provide evidence that they are a 'qualified person'. This evidence could include:

- their contract of employment, wage slips and/or a letter from their employer, if they are a worker;
- evidence of their National Insurance contributions, Construction Industry Scheme card (if applicable), lease on business premises, contracts, invoices, audited accounts and/or bank statements, if they are self-employed;
- a school/college/university letter confirming their land the completion date of their course, and/or a bank statement or evidence of a grant or scholarship, if they are a student; or
- evidence that they have sufficient funds to maintain themselves and their family members for the period of their residence in the UK, if they are self-sufficient.

I am making efforts to get work to add to our arsenal.
If my situation changes, do you know, can I submit any supporting documents at a later date, after our initial application, (say a letter of employment)?

Terpe

3rd September 2012, 09:27

Crampton,

As I mentioned the simplest route (although not the easiest these days) is by way of employment, but actually there are a number of other ways.

In order to be that 'qualified person' exercising Treaty Rights you could actually provide supporting documents/evidence of these:-

- A registered Job Seeker

Personally I would suggest you register with your local job centre and also with some local recruitment agencies.
Keep records of job applications and interviews etc. (also reasons why you were unsuccessful if available)

- Self-sufficiency

You've previously mentioned this Crampton but from what you said I'm not clear if you could meet the requirements for this category which include evidence of your savings (which need to demonstrate clearly that these have supported you in the past and will continue to do so).
Bank statements and/or other evidence of funds
You need to show evidence of a sickness insurance policy
All other evidence showing financial support without having to rely on public funds

- Self-Employment

You'll need to show this is genuine by providing some specifc documents/evidence:-

HMRC registration (and UTR) of self-employed
Your SA tax return(s) if available
Bank Statements
Proof of class 2 Nat.Ins contributions
Business accounts (preferably audited by an accountant)
A supporting letter/statement from an accountant confirming details of business and self employment.

- As a Student you would need to provide evidence of savings/funding (bank statements), again sickness insurance and importantly course enrollment/course details/duration/attendence details

Hope this gives you some ideas on how to move forward.

Finally, always keep in mind that the applications for Family Permit are free. Refusals can be appealed or you could just make a new application (always countering the reasons for refusal though)
I should say that refusals are not that common.

Crampton

3rd September 2012, 15:36

Unfortunately after enquirying I am unable to be registered with the Job centre unless I'm making a claim, which I cannot do because of the no recourse to public funds aspect.
All other evidence showing financial support without having to rely on public funds.
"All other evidence showing financial support without having to rely on public funds"
I am able to get a letter of registration from recruitment agencies.
I am going to write a letter explaining why I do not have any tax contributions (mentioned in my second post) on record and that I am registered with various online recruitment agencies and job sites.

Terpe

3rd September 2012, 16:47

That's odd Crampton. You should be able to register even though you're not making a claim for JSA.

There are two types of JSA
The first is contribution-based Jobseeker’s Allowance and this is for people who have been working for at least two years and have paid enough National Insurance to qualify. This type of benefit is paid for a maximum 182 days.

The second type is income-based Jobseeker’s Allowance and this is based on your income and savings. If you have savings over £16,000, you can’t usually get it. However, it’s still worth applying as you may be entitled to SOME money…

Crampton

4th September 2012, 16:21

Yes I understand there are two types but that still means I am claiming money and thats what I am concerned about if they view me as relying on JSA - public funds how can they expect me to support my wife so that she will not be a burden to the tax payer, if I myself am being a burden to the tax payer.

"All other evidence showing financial support without having to rely on public funds"

Alan

louismc44

12th September 2012, 04:36

Hi all...
At this moment in time I do have a British Passport, this is due to the year of my birth which gives me the right to be a passport holder of the UK
I heard that if I use my Irish Passport, which I am entitle to do so
I would be exempt from all charges at the British Embassy in order to get my wife to come and join me...Is there some truth in this?
If there is? Then I will change my passport for my Irish one
I have had an Irish Passport in the past.

Terpe

12th September 2012, 10:39

Crampton

17th September 2012, 00:26

If the EEA national has lived in the UK for more than 3 months, you must provide evidence that they are a 'qualified person'. This evidence could include:

their contract of employment, wage slips and/or a letter from their employer, if they are a worker;
evidence of their National Insurance contributions, Construction Industry Scheme card (if applicable), lease on business premises, contracts, invoices, audited accounts and/or bank statements, if they are self-employed;
a school/college/university letter confirming their enrolment and the completion date of their course, and/or a bank statement or evidence of a grant or scholarship, if they are a student; or
evidence that they have sufficient funds to maintain themselves and their family members for the period of their residence in the UK, if they are self-sufficient.

Having an awful time meeting this requirement. We want to apply asap. I have no income and no expenses as I am living with a parent. A parent who is very willing to support my wife and child and accommodate them here in the UK.

But I never see anywhere on the EEA Family Permit forums, webpages or Application that sponsorship is taken into account.

Does anyone have any idea of how we can get approved with this situation. I know the obvious, income but we are ready to apply now and want to be together in UK in November. A job will come, just not quick enough.

Should I put Job Seeker, on the Application or Economically self sufficient or Unemployed. I amnot getting job seeker's allowance as we are afraid that if I am relying on public funds the application will be rejected right away. (If I need public funds how can I be expected to support my Wife and child. My Mother but how to I make they see and accept that.) There will be no problem getting long term jobs and our own place , just need to get my wife her first.

Any advice will as always be greatly appreciated.

Alan :-(

Terpe

17th September 2012, 08:19

Alan, I know it's easy to say this, but just go ahead with your application.
There is no cost and it should be reviewed quickly according to the EU rules.
If it's a refusal you will know the reason(s) and these can be countered in your next application.

Just my opinion.

Crampton

17th September 2012, 14:19

Thanks Terpe :)

By the way people I have found out that Contribution Based Job Seekers Allowance is not seen as public funds. :D

Alan

Crampton

25th September 2012, 14:21

EEA Family Permit Application Received 24th of September :ReadIt: Wonder will it be returned within the time frame of 15 working days. :Erm:

Crampton

25th September 2012, 21:09

:yikes: Oh my God cannot believe it :Jump: We have already received the email saying EEA Family Permit Approved approved thats only 24hrs OMG after all the worry and all the complications we had its finally happening. Roll on November! :)

:D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D

Many Thanks Terpe

Also thanks to everyone here as we all help others with or stories in more ways than we Know.

ana07cutiepie

25th September 2012, 21:35

febmary

25th September 2012, 21:39

bigmarco

26th September 2012, 03:56

Congratulations Crampton what a quick response.:xxgrinning--00xx3:

Crampton

26th September 2012, 23:06

Congratulations...Greetings from Belfast!:xxgrinning--00xx3::xxgrinning--00xx3:

Thank you Thank you. Have flights booked now for coming to Belfast International on 24th November :Jump:

Crampton

26th September 2012, 23:07

Congratulations Crampton what a quick response.:xxgrinning--00xx3:
Thank you. Yes super fast did not expect that at all. Must have done something right. :)

ana07cutiepie

27th September 2012, 11:07

did you wife take an English exam??

wondering if this is needed or not with eea family permit..

Crampton

27th September 2012, 18:59

Ana07cutiepie

I don't see you having any problem what so ever :-)

If the EEA national has lived in the UK for more than 3 months, you must provide evidence that they are a 'qualified person'.
evidence could include:
their contract of employment, wage slips and/or a letter from their employer, if they are a worker;
evidence of their National Insurance contributions, lease on business premises, contracts, invoices, audited accounts and/or bank statements, if they are self-employed.

We will refuse your application if:
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 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
marriage or civil partnership that is for immigration purposes only,

For the Family permit they are not very strict on financial rules they would just like to see any kind of income and or savings. We did not have much to show (approx 8k in total) and I was unemployed so we were worried to begin with but it is quite easy to get, which I know can be hard to believe but know I know after been accepted in just under 24 hours.
If you want I can send you an email of our cover letter which details what we sent. Basically - photos, bank statements, pay slips, Marriage cert, birth cert of our daughter, letter of sponsorship and invitation from my mother as e will be living with her at first. Job application receipts, our C.V.'s

I feel they also need people like your Husband in the country as the Economy is so poor at the moment they need all the help they can get.
All documents are important as its all further evidence if they need it. Most importantly will be - obviously -your application, (Which can be done online in some countries), biometrics, Proof of relationship, Proof of EU Citizenship - Austrian Passport or Birth Cert. Proof of qualified person in the UK - Letter of employment, anything showing income to you as a self employed person.

The new English requirement does not apply to the following groups of
applicants:
spouse or partner of Tier 1 and Tier 2 visa applicants
spouse or partner of a student
visitors
refugees or spouses of refugees applying on the basis of family reunion
dependent children
* spouse or partner of an EEA national*
applicants for indefinite leave to remain

You will be fine.

Alan

Crampton

27th September 2012, 19:03

Ana07cutiepie,

Sorry it took so long to get back to you I am new here too and still getting used to the site and don't have all the privileges yet. I thought I had posted a reply within an hour to you but it never appeared.
:cwm23:
Then I got your message and thought I had replied to that but apparently I think only I can see it. :furious3:

So here I think this one has finally posted :NoNo: I hope :icon_sorry:

Alan :)

marikistin

30th September 2012, 14:17

hello there what a great news. congratulations.that was a fast one.:)

Crampton

30th September 2012, 14:41

Marikistin,

Yes it was!

I would highly recommend it to anyone who can take that route.

What a breath of fresh air it was after going through the pain of applying for an American visa. :crazy: