EEA Family Permit? Needed or not?

Hello,

I'm an American citizen and am trying to figure out which visa I will need to join my German husband who is already living and working in the UK (Manchester) and I'm really hoping someone might have some experience with this.

Basically, I'm just confused as to whether or not I need an EEA Family Permit before I apply for a Resident Card. It seem as though I can only apply for the Resident Card from within the UK and after I've been approved for a EEA Family Permit (which is only good for 6 months). Does anyone know if this is correct? I have a very good job here in the US and am really hoping to have the visa I will need to work approved before I move!

Welcome to the forum .

Yes, you need the free of charge EEA Family Permit first, in order to be given entry to the U.K. as the family member of an EEA citizen (so you will be able to work and use the NHS). Once you are in the U.K., you then apply for the 5-year EEA residence card.

You’re not applying for a visa though because being married to an EEA citizen who is exercising EEA treaty rights in the U.K. gives you the automatic right to live and work in the UK. The Family Permit and Residence Card are just your official proof of that.

Bear in mind though that we don’t know what will happen once the U.K. leaves the EU and assuming it all goes ahead in March 2019, you and your husband may no longer be able to live in the U.K.


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Hello,

I'm an American citizen and am trying to figure out which visa I will need to join my German husband who is already living and working in the UK (Manchester)

"Visa" is UK immigration rules and the EEA regulations are "Permits" or "Cards" and have different rules. It's important not to confuse UK rules and EU rules as they are not interchangeable and Brexit is coming. e.g. The UK Visas have an end date and the person is lawfully in the UK until their visa expires. Whereas the EU's Card always has a 5 year end date but that doesn't mean anything as their card can become "invalid" at any time, meaning that person no longer has a "right to reside" in the UK and therefore they are not lawfully in the UK.

Has your husband also got British citizenship now? If he has, you may have to use UK immigration rules instead. Many EEA citizens have applied for British citizenship to ensure their stay on Brexit. Germany do not allow dual citizenship if the country is not an EEA country, but have said they will allow this if the German citizen has British citizenship before the UK leaves the EU.

If you are using EU law and are in the UK on the EU's FP, make sure that you provide everything that is required for the EU's RC, or you will get an RC that does not allow you to work and you will have to apply and wait again. The RC will be issued for 5 years but will become invalid on Brexit. An RC also becomes invalid if your EEA citizen sponsor stops being what the EU calls a "qualified person".

Everybody can use the NHS (National Health Service) as it is the UK's health care system, but not everyone can use the NHS bill free. Under the present law for the NHS, the NHS is only bill free to a "British citizen"  who resides in the UK (there are 6 types of British passports and only one of these is  "citizen") and those who have a valid ILR and reside in the UK.

Everybody else pays either a fee to use the NHS, or pays in full to the NHS when they use it if that service isn't free, or are under an agreement with their country and the UK, or they can use the NHS bill free as they are granted an exemption e.g. a child who is taken into care. However, it's a myth that everything is free on the NHS if you can use it bill free.

Under the EU's Directive for their "free movement", for using the health service of another country that is also in the EEA, it states that an EEA citizen who is in work in another EEA country can use that country's health service under the same terms as a citizen of that country. Any family they have with them and who is allowed to reside in that country with their sponsor, can have the same terms for health care access as their EEA citizen sponsor.

Welcome to the forum .

Yes, you need the free of charge EEA Family Permit first, in order to be given entry to the U.K. as the family member of an EEA citizen (so you will be able to work and use the NHS). Once you are in the U.K., you then apply for the 5-year EEA residence card.

Thanks for your help! The EEA Family Permit asks how long I intend to stay in the UK. Do I explain that I intend to stay and apply for the Resident Permit?

Has your husband also got British citizenship now? If he has, you may have to use UK immigration rules instead. Many EEA citizens have applied for British citizenship to ensure their stay on Brexit. Germany do not allow dual citizenship if the country is not an EEA country, but have said they will allow this if the German citizen has British citizenship before the UK leaves the EU.

Thanks for explaining the Visa vs. Permit stuff. My husband does not intend to apply for UK citizenship. He's a university professor and working in a very narrow field of research so we are fairly confident that the university will sponsor his Visa after Brexit. Hopefully I'll be allowed to stay and work as well. 

He's a university professor and working in a very narrow field of research so we are fairly confident that the university will sponsor his Visa after Brexit. Hopefully I'll be allowed to stay and work as well.

It doesn't sound like you are going to have any problems, even under UK immigration rules.

A highly skilled person like your husband, would be sponsored on the Tier 2 General visa. These visa holders can bring their spouse/partner and their children under age 18 as their dependants. The visa leads to settlement (Indefinate Leave to Remain) in the UK. Their dependants can apply for ILR with the main visa holder or afterwards (not before).

A Tier 2 General dependant visa holder is allowed to work and has bill free use of the NHS by paying the Immigration Health Surcharge with their visa application. The IHS fee is presently £200 a year, paid up front for the duration of your visa. 

Thanks for explaining the Visa vs. Permit stuff. My husband does not intend to apply for UK citizenship. He's a university professor and working in a very narrow field of research so we are fairly confident that the university will sponsor his Visa after Brexit. Hopefully I'll be allowed to stay and work as well.

I wouldn't worry too much about this now, sounds like the govt hashed out... something before Christmas that clarifies the position a bit better. Whoever is here before the cut off date in March 2019 or otherwise decided will be fine under the "old rules" and they aren't going to kick anyone out.

Besides, if he were to get UK citizenship then you come under UK rules which is more arduous than the EU rules. Enjoy being of the last group to come in, live your life, and if you are both still here in five years, apply for "settled status" which will give you the ability to be absent from the UK for up to five years (rather than the current two under Indefinite Leave to Remain). Not too bad of a deal!

What I would suggest, however, is that you have a grasp of the quality and pay for your job here. I would hate to give up a really good job in the US just to take something a few steps back in ability/a lot of steps back in pay in order to get "UK experience". Just something to bear in mind.

I wouldn't worry too much about this now, sounds like the govt hashed out... something before Christmas that clarifies the position a bit better. Whoever is here before the cut off date in March 2019 or otherwise decided will be fine under the "old rules" and they aren't going to kick anyone out.

Nothing is agreed until everything is agreed – so if there is no agreement the offer also falls away. If there is no trade deal then the UK will decide who will be able to stay and on what terms that will be. The UK is not a stranger to ending free movement as this was why the Immigration Act 1971 was created, to end Commonwealth citizen's type of free movement to the UK. This is the same law the UK still uses today for immigration.

Even if there is a trade deal and that agreement holds, you will see from reading that EU citizens offer that there will  a percentage who will not be allowed to remain in the UK. As there are millions in the UK who entered under EEA Regulations or European Court of Justice Rulings, that will likely be thousands. And as also clearly pointed out in that agreement for EEA citizens and agreed by the EU, the UK can remove any law in Parliament at a later date if they don't like it as that is how UK laws work.

Nor will the UK have to "kick anyone out" as the UK now has the Immigration Acts 2014 and 2016 for those not lawfully in the UK. No renting, no working, no bill free NHS, no benefits, no driving, their UK driving licence revoked, their bank accounts closed and frozen. Some of these have now been made a criminal offence with jail time under that 2016 Act.

However, Mechlady's husband is highly skilled and I doubt they will have any problems, no matter what happens.

However, Mechlady's husband is highly skilled and I doubt they will have any problems, no matter what happens.

In addition to my husband's job, I'm mechanical engineer which might also qualify me as highly skilled... I haven't researched which occupations fall into that category.