EEA vs EEA2 permit

Hi all. I am an American citizen who is marrying my Portuguese fiance in Denmark in May. After that, however, I am stuck on what to do. I was going to go back to the US and apply for my EEA permit, but my fiance suggested instead coming straight to the UK with him after the wedding, staying there as a tourist, and applying for the EEA2 residence card from there. This saves me a plane ticket and time, although I cannot work in that time (which may take six months). He can support me though. Is that legal? I have great immigration history, as I used to be a student there, and all I am gonna do there is wait till my application is processed.

There are a few avenues here.

Where are you currently resident  - in DK?  You could apply for the permit from Denmark and eliminate the extra trip to the US.  The EEA FP (the first step) just has to be applied for outside the UK.  It usually doesn't take more than a week or two (depending on which country you are in), and if you apply after marriage and can show a lasting relationship (living together before marriage or other connection like bank accounts or whatever) there should be no problem.

The EEA2 application for the residence card is done after entry to the UK.  If you get the FP before you enter then you are legally allowed to work.  If your husband is working (exercising treaty rights), then it is a straightforward application for the residence card that gives you 5 years in the UK.  I don't know if you can apply after entering as a tourist - but there is no reason to even do that if you can get the FP in a week and have the legal right to live and work in the UK for 6 months while the EEA2 is processing.

There is one other option which is the Code 1A stamp at the border.  It is essentially getting the FP 6 months when first entering the UK.  Some people go this route and have success, but there is always the option that you are turned away.  Again - best to eliminate the issue by securing the FP before arriving.

Essentially the FP ---> entry visa for 6 months + work rights - applied for outside the UK, regardless of country

EEA2----> residence card for five years + work rights - applied for inside the UK once settled

Supposedly you don't need to get the residence card, but I am all about avoiding ambiguity in terms of immigration.  It can take some time to be processed, but the payoff, especially with who knows what changes could come down, is worth it.

Hi BertineC,

I am in the US. I found out I can apply for the EEA permit as a visitor in Denmark. Basically, I will get married in Denmark, then apply for the EEA permit, and then go straight to the UK. Then I will apply for the EEA2 residence card.

Thanks so much

Hi BertineC,

I am in the US. I found out I can apply for the EEA permit as a visitor in Denmark. Basically, I will get married in Denmark, then apply for the EEA permit, and then go straight to the UK. Then I will apply for the EEA2 residence card.

That sounds like a sensible plan.

The good thing about EEA Permits is that you don't have to be resident in a country in order to apply for one - so you can apply in Denmark without living there.

If it were any other UK visa, you would have to return to the US to apply for it.

For information about applying for a visa in Denmark, see here:
http://www.ukba.homeoffice.gov.uk/countries/denmark/?langname=UK%20English