Family Permit

I have read about several types of visas/permits here, but have found very little regarding family permits. I am the American spouse of a citizen of an EU country (not the UK) and we wish to move to the UK. I believe I need a family permit and that it entitles me to work without a work permit, but the documentation on the official sites is confusing and contradictory.

Does anyone have experience with this type of immigration?

Actually it is pretty well explained on the UK Visas site:

http://www.ukvisas.gov.uk/servlet/UKVisasDoINeedAVisa?url=%2Fservlet%2FFront%3Fpagename%3DOpenMarket%2FXcelerate%2FShowPage%26c%3DPage%26cid%3D1006977149962&purpose=Family+members+%28non-EEA%29+of+EEA%2FSwiss+national&nationality=United+States&location=United+States

As well as most of your questions can be answered here as well on the following links:

http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1145892134742

http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1018721068382

Basically your spouse needs an EEA1 Family Permit and you should fill out an EEA2 form.  These are issued free of charge at any British consulate that processes applications (Chicago, LA or New York).  The forms can be downloaded here:

http://www.ind.homeoffice.gov.uk/applying/applicationforms/

kitsonk, thanks for the info.

However, I still have some questions that these links don't seem to answer.

The ukvisas site says that for a family permit I need to submit the VAF1 non-settlement application which grants me the right to live in the uk for 6 months, but doesn't explain what to do after that. Obviously, I want to stay longer than that.

The EEA1 & EEA2 forms are for a Residence Card, which is useful, but not required.

So...is the VAF1 really the right form? If so, what happens after the 6 months?

Maybe I have more information now...

Is it accurate to say that I need to get a Family Permit (form VAF1 Non-settlement) to enter the UK (every time) and a Residence Permit (form EEA2) in order to stay beyond 6 months or to travel in and out of the UK?

http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1018721068382#Q17
Do my family members need a residence card?
Your non-EEA family members can, if they want to, apply to the Immigration and Nationality Directorate for a residence card once they are in the UK. They do not have to do this – it simply confirms that they have a right to live with you in the UK because you have a right of residence. The residence card issued to your family member will be valid for the same period as your registration certificate.

Non-EEA family members who have a valid residence card do not need to get an EEA family permit each time they enter the UK after travelling abroad.

We probably have to wait for Victoria to have the final word, but I believe the VAF1 information is outdated and has been replaced by the EEA1 and EEA2, which are free and available from any UK consulate.  The EEA2 is how you apply for the residency card.

All I know is that because of the UK having to recognize involved treaties in the EEA area it is actually easier, cheaper and more friendly to be a non-EEA spouse of a EEA national living in the UK.  You should have no worries.

kitsonk, thanks for the info.

However, I still have some questions that these links don't seem to answer.

The ukvisas site says that for a family permit I need to submit the VAF1 non-settlement application which grants me the right to live in the uk for 6 months, but doesn't explain what to do after that. Obviously, I want to stay longer than that.

The EEA1 & EEA2 forms are for a Residence Card, which is useful, but not required.

So...is the VAF1 really the right form? If so, what happens after the 6 months?

Hey Ruby,

I am in the exact same situation at the moment. I am an American with a German wife and we plan on settling in the UK sometime before the end of the year. I was also quite confused by the information on the UKvisas website. Recently I called the UK embassy in Düsseldorf to get some clarification about the situation. Unfortunately I was more confused after this conversation than before.
I do however think that at some point right before the end of the initial 6-month period you and your partner have to go to the immigration service in the UK and show that you have been living in the UK together and then you the non-EEA partner will be granted a "real" residency permit.

But thanks for starting this thread; you saved me from having to do it 

Nick,

So good to hear there is someone who understands! Are you in Germany now? Where are you in the moving process?

Have you already applied for a family permit? Did you do it online? They seem to insist that I do it that way, but the form is standard for all visas, so they ask a lot of questions that don't seem pertinent.

It looks like I should be able to submit a VAF1 form as an application for the family permit, but the Chicago site doesn't give specifics about how to do that through the mail.

The bureaucracy is killing me!  The things we do for love!

Hey Ruby,

I am in the exact same situation at the moment. I am an American with a German wife and we plan on settling in the UK sometime before the end of the year. I was also quite confused by the information on the UKvisas website. Recently I called the UK embassy in Düsseldorf to get some clarification about the situation. Unfortunately I was more confused after this conversation than before.
I do however think that at some point right before the end of the initial 6-month period you and your partner have to go to the immigration service in the UK and show that you have been living in the UK together and then you the non-EEA partner will be granted a "real" residency permit.

But thanks for starting this thread; you saved me from having to do it 

In Vicky's absence, I'll jump in. 

What they told you at the consulate seems right.  Just a bit jumbled and confusing, so let's start at the beginning.

The EEA family member is "exercising rights of free movement derived from marriage to an EEA national".

In order to exercise that right in the UK, an entry clearance is required, called the Family Permit.

Any time 6 months prior to your departure date, you fill out a VAF1 form and tick the "Family Permit" box and take it to a consular post that has full issuing powers.

The applicant must show a document proving that they are legally resident in the country they are applying in.  This is unique to UK interpretation of the directive as I understand it.

The Family Permit lasts for 6 months and can be forward dated up to 90 days.

When the permit nears expiry *AND* the EEA national has been exericising treaty rights, the spouse can obtain a residence permit from within the UK.

Some of the confusion arises because the permit used to last for 12 months - hence the contradictions on various web sites.

Not very well publicized is the opportunity to get an 'acknowledgement letter' from the IND while the residency application is in processing.  Be sure to get it.

After 5 years, you can put forward an application for ILR under British law rather and EU law.  Prior to that, it is not possible to mix-n-match British law with EU law, and the courts are consistent in upholding this point.

Hope that helps...

Garry,

Thanks for your response. It's good to see confirmation of my assumptions. The process can be very confusing and it's comforting to know there are people who can and will help with useful and accurate advice.

Ruby

Nick,

So good to hear there is someone who understands! Are you in Germany now? Where are you in the moving process?

Have you already applied for a family permit? Did you do it online? They seem to insist that I do it that way, but the form is standard for all visas, so they ask a lot of questions that don't seem pertinent.

It looks like I should be able to submit a VAF1 form as an application for the family permit, but the Chicago site doesn't give specifics about how to do that through the mail.

The bureaucracy is killing me!  The things we do for love!

Hi again Ruby,

Yes me and my wife live in Germany. I've been here for almost four years now but we have both always thought about moving to another country eventually. Neither one of us wanted to move stateside; actually we thought about trying to move to Australia but eventually decided it was a bit too far from both of our families. Actually I could apply for German citizenship now but unfortunately Germany is among those countries that does not recognize dual citizenship so I would have to renounce my American citizenship to apply.
I haven't applied for the visa (family permit) yet as we probably will not move before December.
I know what you mean about the visa form but  i beleive many sections of the form do not have to be filled out by those seeking a EEA family permit.  Based on what I have read here it seems settling in the UK just generally seems more complicated than settling in some other EU countries and yes the bureacracy is annoying  .

Good luck with your application and your move. Being an American in Europe can be a great experience  .