Returning to the UK on an EEA Family Permit
Once you are ready to return to the UK, you would probably want to apply for an EEA Family Permit. The application for an EEA Family Permit is a simple process. However, please note that the application form itself asks for a lot of irrelevant information.
Before completing the application, make sure you can print out your application immediately. If you cannot print immediately, make sure you have a PDF Document Writer (or equivalent). Make sure you strong>print TWO COPIES of the completed EEA Family Permit form and Confirmation.
- At the time of writing this post (December 2013), the FCO (Foreign & Commonwealth Office) have launched a new Visa Application system. There does appear to be “faults” and the EEA Family Permit applications process is deleting your appointment – hence the need to print it immediately).
- You will need an account, so click on “Register an Account”.
- Complete the form (the Applicant is the NON EU) and then agree to the terms, and click on “Register”.
- You’ll recieve an email to confirm your email address – So pop off to Yahoo, Hotmail, Gmail ETC to confirm your email address.
- Once confirmed, you should be able to login to your account. – Enter your email address and password.
- Once signed in, click on “Apply for Myself” on the top of the screen.
- The next page gives you warnings about use of false documents ETC. Make sure you read and understand this information – then click on Continue.
- On the next page, you complete the details of the applicant (the Non-EU).
- The type of visa that you are applying for is on the following category:
- “Reason for Visit: Other”
- “Visa Type: EEA/Swiss Family Member”
- “Visa Sub Type: Family Member of an EEA National”
- Click on “Create Application”.
- You will then be able to complete the application form…
Obviously, you will need to complete the application with details relevant to your own situation, so only yourselves can answer the form. A lot of the information is not required, but there is little you can do about completing it. (Otherwise you cannot submit the application online).
The only information you legally need to provide is:
- Proof that you have worked as an employed or self employed person
- Proof that you have resided together in the EEA state in which you work
- Proof of ID (Passports)
- and Proof of Relationship (Marriage Certificate)
UK legislation also now requires (from 1/1/14) that the EU national has transferred their ‘Centre of Life’. Case C-456/12 (O v Netherlands) has clearly demonstrated that this requirement is unlawful in EU Law.
Once you have completed the application form, you can submit it (note: it takes a while to complete.
You can then book an appointment on the system. It is important that your book the appointment and print off the confirmation letter immediately – Make sure you print two copies – One for them, and one for yourself.
Payment is not required for an EEA Family Permit – as per the directive. However, they charge a fee for a courier service of your documents back to yourselves. We chose to collect our documents. This meant that there was no payment required for the visa.
Heres the kicker though: You can only collect your document between 9:00am and 9:30am (which to me, screams a breach of the directive – as this is not giving EVERY OPPORTUNITY POSSIBLE to obtain the visa [Article 5])
What Documents Do You Supply
Below is just a sample of possible documents. Obviously, your own documents might well be different.
Proof that you have worked in a member state
- Work Contracts
- Pay Slips
- Letters from Employers
- any other work related documents (IE: P45’s if change of job ETC)
Self Employed Persons
- Tax Registration Letter
- Business name registration certificate
- Copy of business website etc
- Copy of invoices issued to customers
- Copy of reciepts for products purchased (costs)
- Copy of other business accounting….
- Business bank statements
- Google Listings (Google Places, Google Plus)
- Facebook Listings ETC
- Copy of advertisements (IE: Paper, local church, shops, flyers ETC)
Proof of ID
You must supply the passport of the non-EU national. You should also be prepared to present the EU nationals passport – but at the very least supply a copy!
Proof of Residing together
- Letter from Landlord
- Tenancy Agreements
- Letter from PRTB if applicable (IE: it is not required for a lodger to be registered with the PRTB if the landlord lives in the same household.)
- Bank statements
- Any other letters which have name and address on (IE: Driving License)
Proof of Relationship
- This is usually a marriage certificate
- Birth Certificates of any kids if you have any together
- A letter from the EU national confirming that you will travel to the UK together. This letter should outline the main points that you have worked, and lived together in whichever member state you have resided in. It should also outline that you are applying under the case of Surinder Singh.
- Residence Cards / Permits from the host member state
- PPS Cards
- EHIC Cards issued by member state
- Letters confirming that you are registered at the local doctors
- Letters from the kid’s schools / preschools / child minders
CREATE THREE BUNDLES: AND KEEP COPIES OF EVERYTHING!
It is important to make three bundles of your documents. These bundles are as follows:
- Original Documents [ Take to embassy – they should retain marriage certificate and non-EU passport ]
- Copy of Documents [ Take to embassy – they keep, but verify against originals (so keep the bundles in order) ]
- Copy of Documents [ You keep this copy, in case they loose anything / retain both sets you take to the embassy ]
How Long Does My Application Take To Process?
Well… This varies on your application. You can check on the UKBA Visa Processing times in Dublin, Ireland.
What about the ‘Centre of Life’ requirement?
On 1st Jan 2014, the United Kingdom implemented a ‘Centre of Life‘ test. When you apply for your EEA Family Permit the UK Goverment expect you to demonstrate that your centre of life has transferred to the host member state. Please note that this only applies to the British citizen and there is no legal requirement for the non-EU’s centre of life to transfer.