Eaa Family Permit - Some Advice Needed

[asia_pilot]

I have some questions in regards to the EAA Family Permit. I am German, living abroard for 8 Years (USA and Thailand) married for 5 years to a Thai and we have a 3 year old son. We are now applying for the EAA Family Permit to enter the UK. This should be a straight forward process _ which I hope so:whistling:

I understand a TB testing by the IOM is required, correct?

I understand, job seeker can apply for their spouses a FAmily permit, does this apply to people planing to open a business in the UK as well?

We do have enough funds and my wife owns a few plots of land in Thailand, so I dont think we have to use public funds while in the UK.

Is there anything we should be well aware of during the application, any advice from members who went through this process here in BKK?

From the website I see that the application time for this Visa is pretty fast (2-3days). I am planing to attach a supporting letter about our circumstances as well.

[Eff1n2ret]

A TB test will be required for your Thai spouse.

The Regulations gives definitions as follows:

6.(1) In these Regulations, qualified person means a person who is an EEA national and in

the United Kingdom as

(a) a jobseeker;

b a worker;

c a self-employed person;

(d) a self-sufficient person; or

(e) a student.

Without doubt someone setting up a business would be classed as a "self-employed person" for the purposes of an EEA Family Permit application.

Edited September 11, 2010 by Eff1n2ret

[asia_pilot]

For some strange reason. if my wife applies in my home country (Germany) no TB testing is required. But the test shouldnt be an issue.

[the scouser]

As you will presumably travelling to the UK at the same time as your wife, for the purposes of her family permit application you don't have to show that you are a 'qualified person' as defined by the regulation posted by Eff1in2ret.

You have an initial right of residence for 3 months in which to become a 'qualified person'.

13.—(1) An EEA national is entitled to reside in the United Kingdom for a period not exceeding three months beginning on the date on which he is admitted to the United Kingdom provided that he holds a valid national identity card or passport issued by an EEA State.

(2) A family member of an EEA national residing in the United Kingdom under paragraph (1) who is not himself an EEA national is entitled to reside in the United Kingdom provided that he holds a valid passport.

(3) But—

(a)this regulation is subject to regulation 19(3)(; and.

(b)an EEA national or his family member who becomes an unreasonable burden on the social assistance system of the United Kingdom shall cease to have the right to reside under this regulation.

Scouse.

[asia_pilot]

Thanks, scouser.

So, what reason should I mention in the application or/ and the supporting letter? Self employment or job seeker?

Due to the move we have no fixed income but 2+ Mio baht in savings, plus land in Thailand (wife).

Is there any burden except a negative outcome on the TB testing ?

[the scouser]

You don't necesarily need to mention anything, as the facts will speak for themselves.

As a German citizen you have an entitlement to enter the UK for an initial 3 months on the production of your passport or ID card. This entitlement is also extended to your wife, irrespective of her nationality. That 3-month period then gives you the opportunity to establish yourself as a 'qualified person'. Once established, you and your wife can remain in the UK for as long as your qualification exists. After 5 years' lawful presence, you and your wife will be considered to have permanent residence.

This entitlement can only be refused if you or your wife has either a serious medical condition, a serious and continuing criminal record, or otherwise pose an ongoing threat to the fundamental well-being of the UK.

Scouse.