EEA FP Help Please!

Hello everyone,

To give you guys a little overview, we've been together for 2 years in a long distance relationship though due to circumstances outside our control we were not able to travel to either way. We communicate on a daily basis through facetime, skype, messenger, etc.

Me and my fiance are planning on marrying here in the US and then move to the UK from here. He is currently living in the UK and is a "qualified" person, he is a EU national exercising treaty rights and I am a US Citizen.

After receiving the marriage certificate, would we be able to apply straight away for the EEA family permit to gain clearance to enter the UK? Also, how long would the process of applying for the EEA family permit take? Considering we want to leave a within a week or two after marriage? I am confused of the process.

We would be able to provide proof such as a work letter to prove he is currently employed, rental agreement for the flat we will be cohabiting, school letter, etc. I understand it is a complicated case though any help you guys can offer would be amazing. Especially advice on supporting docs we can provide to the UK or anything of that sort.

I would suggest investigating options not based on a UK spouse visa but of the country of which your fiance is a national.  I do not believe UK processes visas for people from other countries.

You might want to check what an EEA Family Permit is before replying, since this is completely incorrect advice .

The OP is asking the right questions for their situation and has a good grasp already of what they need to apply for.

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helena11, welcome to the forum . Your case is not at all complicated, and sounds to me like it's no different to most other people's EEA FP cases .

After receiving the marriage certificate, would we be able to apply straight away for the EEA family permit to gain clearance to enter the UK?

Yes, you can - once you have the marriage certificate, you can apply for the EEA Family Permit.

Also, how long would the process of applying for the EEA family permit take? Considering we want to leave a within a week or two after marriage? I am confused of the process.

While EEA Family Permits are processed pretty quickly, you may find it takes a little longer than 1-2 weeks. I'd allow up to 3-4 weeks to get the application submitted, attend biometrics, mail the documents to New York, wait for it to be processed, and then receive the permit in the mail.

May 2017 processing times for EEA Family Permits through New York are:
4% processed in 2 working days
84% processed in 3 working days
93% processed in 5 working days
95% processed in 10 working days
100% processed in 15 working days
(https://visa-processingtimes.homeoffice.gov.uk/y/united-states/other-non-settlement-visas/eea-family-permits)

While the EEA FP itself is free of charge, there is a priority processing service for $247 which gets your application put to the front of the line when it arrives in New York. It can be purchased here: http://www.vfsglobal.co.uk/usa/user_pay_services.html#Priority-visa-service

We would be able to provide proof such as a work letter to prove he is currently employed, rental agreement for the flat we will be cohabiting, school letter, etc. I understand it is a complicated case though any help you guys can offer would be amazing. Especially advice on supporting docs we can provide to the UK or anything of that sort.

For supporting docs, you'll need to provide:
- evidence of his EEA citizenship (a copy of his passport photo page)
- evidence that you are married (marriage certificate)
- evidence that he is exercising his EEA Treaty Rights in the UK (his job contract, recent payslip(s) and bank statement(s))
Optional:
- evidence of accommodation in the UK

Since the EEA Family Permit is more of a formality, and is not a visa (because just by being married to him as a qualified person, you have the automatic right to live and work in the UK), you don't need to provide any other relationship evidence than your marriage certificate.

See here for more information about the EEA Family Permit and how to apply for it:
https://www.gov.uk/family-permit/overview

Any questions about the application process and documents, feel free to ask here .

I am confused of the process.

The process for applying is:

- gather his documents for the permit application (passport, employment evidence, accommodation evidence (if using))
- start looking at the application form, possibly start filling out the online application (but don't submit it until after you are married)
- get married in the US
- when you have the marriage certificate and all the documents ready, submit the online application
- when you submit the online application, you will be prompted to book a biometrics appointment (fingerprints and photo) at a local USCIS Application Support Center
- print your biometrics appointment confirmation and take it and your passport with you to the biometrics appointment. They will check your ID, stamp the appointment confirmation sheet and then take your fingerprints and photo.
- after the appointment, place your passport and stamped sheet with your printed application form and supporting documents, then mail the package to the New York consulate within 5 DAYS
- if you wish to purchase priority processing and/or pre-paid shipping labels, you can do this on the VFS Global website before mailing (see the link I posted above)
- once mailed, wait for the FP to be processed and mailed back to you
- then you can fly to the UK

Thank you all so much for your replies! You've been amazing help

You might want to check what an EEA Family Permit is before replying, since this is completely incorrect advice .

The OP is asking the right questions for their situation and has a good grasp already of what they need to apply for.

_________________________________________________ __________

helena11, welcome to the forum . Your case is not at all complicated, and sounds to me like it's no different to most other people's EEA FP cases .

Yes, you can - once you have the marriage certificate, you can apply for the EEA Family Permit.

While EEA Family Permits are processed pretty quickly, you may find it takes a little longer than 1-2 weeks. I'd allow up to 3-4 weeks to get the application submitted, attend biometrics, mail the documents to New York, wait for it to be processed, and then receive the permit in the mail.

May 2017 processing times for EEA Family Permits through New York are:
4% processed in 2 working days
84% processed in 3 working days
93% processed in 5 working days
95% processed in 10 working days
100% processed in 15 working days
(https://visa-processingtimes.homeoffice.gov.uk/y/united-states/other-non-settlement-visas/eea-family-permits [nofollow] )

While the EEA FP itself is free of charge, there is a priority processing service for $247 which gets your application put to the front of the line when it arrives in New York. It can be purchased here: http://www.vfsglobal.co.uk/usa/user_pay_services.html#Priority-visa-service [nofollow]

For supporting docs, you'll need to provide:
- evidence of his EEA citizenship (a copy of his passport photo page)
- evidence that you are married (marriage certificate)
- evidence that he is exercising his EEA Treaty Rights in the UK (his job contract, recent payslip(s) and bank statement(s))
Optional:
- evidence of accommodation in the UK

Since the EEA Family Permit is more of a formality, and is not a visa (because just by being married to him as a qualified person, you have the automatic right to live and work in the UK), you don't need to provide any other relationship evidence than your marriage certificate.

See here for more information about the EEA Family Permit and how to apply for it:
https://www.gov.uk/family-permit/overview [nofollow]

Any questions about the application process and documents, feel free to ask here .

The process for applying is:

- gather his documents for the permit application (passport, employment evidence, accommodation evidence (if using))
- start looking at the application form, possibly start filling out the online application (but don't submit it until after you are married)
- get married in the US
- when you have the marriage certificate and all the documents ready, submit the online application
- when you submit the online application, you will be prompted to book a biometrics appointment (fingerprints and photo) at a local USCIS Application Support Center
- print your biometrics appointment confirmation and take it and your passport with you to the biometrics appointment. They will check your ID, stamp the appointment confirmation sheet and then take your fingerprints and photo.
- after the appointment, place your passport and stamped sheet with your printed application form and supporting documents, then mail the package to the New York consulate within 5 DAYS
- if you wish to purchase priority processing and/or pre-paid shipping labels, you can do this on the VFS Global website before mailing (see the link I posted above)
- once mailed, wait for the FP to be processed and mailed back to you
- then you can fly to the UK

The thing I am most worried about is a refusal due to on ground of "Marriage of Convenience", would it be best to just apply first and see what decision they come with? If I am declined, would I still be able to travel with him on a tourist visa to the UK then apply after 2-3 months through another EU country?

Thank you all so much for your replies! You've been amazing help

The thing I am most worried about is a refusal due to on ground of "Marriage of Convenience", would it be best to just apply first and see what decision they come with? If I am declined, would I still be able to travel with him on a tourist visa to the UK then apply after 2-3 months through another EU country?

Why do you think it would be refused because of that? They don't check your relationship history for an EEA FP. As long as you have a valid marriage certificate, that's all that matters.

As I said, you will ALREADY have the right to live and work in the UK... the family permit is just a formality to prove it.

The ONLY reasons they can refuse are if:
- your spouse is not an EEA citizen
- you are not legally married to him
- he is not exercising treaty rights in the UK


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Why do you think it would be refused because of that? They don't check your relationship history for an EEA FP. As long as you have a valid marriage certificate, that's all that matters.

As I said, you will ALREADY have the right to live and work in the UK... the family permit is just a formality to prove it.

The ONLY reasons they can refuse are if:
- your spouse is not an EEA citizen
- you are not legally married to him
- he is not exercising treaty rights in the UK


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Thank you The reason was I saw a couple of posts of some who were regarded as Marriage of Convenience and were declined the EEAFP, which is why I was a tad worried.

We would be able to provide proof such as a work letter to prove he is currently employed, rental agreement for the flat we will be cohabiting, school letter, etc.

What do you mean by school letter? Is he being a "worker" or "student" quallfied person?

What do you mean by school letter? Is he being a "worker" or "student" quallfied person?

He is working part time and is also in college.

Also, if we are called in for an interview, would this have to be in New York? I currently reside in Miami and there is a consulate here.

There is no interview - everything is done by mail.

The only thing you do in person is your biometrics, which is literally just a 5-10 minute appointment where you give your fingerprints and photo. It's done by US immigration on behalf of UKVI and they don't even care what you are applying for.


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He is working part time and is also in college.

He only has to be one type of "qualified person" to be legally in the UK.

For an EEA citizen to be a "worker qualified person" the work must be "genuine and effective and not marginal or supplementary". The UK uses a MET (minimum earnings threshold) as a rough guide for this.

If he isn't being a "worker qualified person"  then to be a "student qualified person", he must have a CSI (Comprehensive Sickness Policy) to be legally in the UK as an EEA citizen student. If he is being a student qualifed person, then you will need to buy a CSI too as their Family Members also need a CSI each.

Have a check to see what type of "qualfied person" he is being, to be exercising his treaty rights under the the EU's 2004 Directive of free movement of people.


EEA nationals qualified persons

This document explains how UK Visas and Immigration assesses if an EEA national is a qualified person.
https://www.gov.uk/government/publications/european-economic-area-nationals-qualified-persons



If he already has 5 continuous years of legally being in the UK (not just lving in the UK) then he won't need to be a qualified person as the EU have granted him their "PR".

Thank you all for your replies!

Considering that my fiance is a qualified person based on being a student, should we provide financial statements or proof of sufficient funds? I saw someone on another forum being declined due to not having sufficient funds and being considered to take public funds.

Would I purchase CSI before applying for the EEA family permit or would it be done afterward and in a cover letter I state that I will be purchasing CSI?

Considering that my fiance is a qualified person based on being a student, should we provide financial statements or proof of sufficient funds?

This lists what you need
https://www.gov.uk/government/publications/application-for-eea-family-permit-form-vaf5

I saw someone on another forum being declined due to not having sufficient funds and being considered to take public funds.

An EEA citizen must follow the EUs Directive at all times to be lawfuly in another EEA country. Economically inactive EEA citizens (students and self suffieicients) have different rules to follow.

The EU is all about being one of their types of "qualified person" at all times, to lawfully have a right to reside in another EEA country, and that they must not be an undue burden to that country.

Even those claiming they are workers are not being a "qualfied person" if they take too much welfare from that country.

Would I purchase CSI before applying for the EEA family permit or would it be done afterward and in a cover letter I state that I will be purchasing CSI?

Read the document guide above for the FP.  If you want to remain and to work in the UK lawfully, you won't have any choice about not buying a CSI, as you have an EEA citizen sponsor who is being a Student qualified person.  You will also need a CSI for your RC, unless your EEA sponsor has achieved the EU's PR.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/431618/comprehensive_sickness_insurance_for_family_members_of_students.pdf


Remember too that if your EEA sponsor stops being a "qualified person" and doesn't have the EU's PR, that means your RCs becomes invalid. The end date on an RC means nothing.

Thank you!

He is a student though he does not rely on public funds for living expenses as he works part time as well and I believe he has CSI.

One of the evidence requested is a bank balance letter, what would they consider sufficient balance?

My daughter and son-in-law just did this without any issues.  The application asks a multitude of questions that simply are not required to be answered.  It appears they are asked in order to create an excuse to prompt further questions.  Your EU partner only need to make some declarative statements, no bank statements, no lists of other friends and family.

Answering just the relevant questions such as name and personal details along with this
worked for them.  As a student, you must file a paper application along with original documents ( passports, marriage license)

Her Majesty’s Government
Home Office

Dear Sir or Madame,

Subject: Declaration of Sufficient Resources for Myself and My Spouse Not to Become a Burden on the Social Assistance System

I, *******, have sufficient resources that exceed the maximum level of resources which a British citizen and their family member can have before they no longer qualify for social assistance under the U.K. benefit system, available for me and my family so that we do not become a burden on the social assistance system of the United Kingdom.

Sincerely,