Eea Family Permit

[jackinbkk]

The last time I was back in Thailand I was told to withdraw an application for an EEA family permit because I'm not married. I knew at the time that this was *@*#! as she has been my unmarried partner for the past 4 years.

My girlfriend is in the UK on a 6 month visit visa, which expires in about a month. I went with the sure option so she could spend time here again. I will now apply for an EEA family permit again.

Is it possible to apply for a family permit within the UK?

I ask this because their guidelines state:

EUN2.2 Where can an EEA family permit be issued?

EEA family permits may be obtained from any visa issuing post. It is not necessary for an applicant to be lawfully or normally resident in the country to apply.

but I cannot find any way to apply in the UK. Online or in person. I cannot find the form to download and print. The one I have found states:

This form is for use outside the UK only.

Typical.

Thanks for any help

-Jack

[bangkockney]

Must be applied for at a British Diplomatic Post overseas. . All applications made in Thailand are online.

PS An unmarried partner can be considered for an EEA family permit as an extended family member if they are in a 'durable relationship' with the EEA national and would satisfy similar criteria to those in place for the unmarried partner visa - i.e. that the that the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for at least 2 years.

Edited October 12, 2011 by bangkockney

[jackinbkk]

Must be applied for at a British Diplomatic Post overseas. . All applications made in Thailand are online.

PS An unmarried partner can be considered for an EEA family permit as an extended family member if they are in a 'durable relationship' with the EEA national and would satisfy similar criteria to those in place for the unmarried partner visa - i.e. that the that the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for at least 2 years.

Thank you

[Eff1n2ret]

The Family Permit is simply the document which entitles a Family Member to travel to the UK to exercise their rights there. As she is already in the UK, she doesn't need a permit to travel there.

If she wishes to stay in the UK (assuming she continues to stay with you) she can apply for a Residence Card. See this link:-

http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/

and if you follow the "Applying for Residence Documents" link, you will see it is an EEA2 form which is required.

If you only plan to make occasional visits to the UK, she's probably better off applying for a Family Permit on each occasion. Apart from the form-filling, it's not a particularly onerous requirement as it doesn't cost anything.

[ThaiVisaExpress]

The Family Permit is simply the document which entitles a Family Member to travel to the UK to exercise their rights there. As she is already in the UK, she doesn't need a permit to travel there.

If she wishes to stay in the UK (assuming she continues to stay with you) she can apply for a Residence Card. See this link:-

http://www.ukba.home...cuments-family/

and if you follow the "Applying for Residence Documents" link, you will see it is an EEA2 form which is required.

If you only plan to make occasional visits to the UK, she's probably better off applying for a Family Permit on each occasion. Apart from the form-filling, it's not a particularly onerous requirement as it doesn't cost anything.

The applicant is on a UK Tourist visa she did not enter on an EU Family permit.

[Eff1n2ret]

The Family Permit is simply the document which entitles a Family Member to travel to the UK to exercise their rights there. As she is already in the UK, she doesn't need a permit to travel there.

If she wishes to stay in the UK (assuming she continues to stay with you) she can apply for a Residence Card. See this link:-

http://www.ukba.home...cuments-family/

and if you follow the "Applying for Residence Documents" link, you will see it is an EEA2 form which is required.

If you only plan to make occasional visits to the UK, she's probably better off applying for a Family Permit on each occasion. Apart from the form-filling, it's not a particularly onerous requirement as it doesn't cost anything.

The applicant is on a UK Tourist visa she did not enter on an EU Family permit.

If she decided to stay in the UK and chose to apply for a Residence Card, it wouldn't matter what visa she was on, as long as she met the criteria as an EEA Family Member. In fact, it wouldn't matter if she was in the UK illegally, they'd still have to grant it (following the Metock judgement).

[bangkockney]

What nationality are you?

The last time I was back in Thailand I was told to withdraw an application for an EEA family permit because I'm not married. I knew at the time that this was *@*#! as she has been my unmarried partner for the past 4 years.

My girlfriend is in the UK on a 6 month visit visa, which expires in about a month. I went with the sure option so she could spend time here again. I will now apply for an EEA family permit again.

Is it possible to apply for a family permit within the UK?

I ask this because their guidelines state:

EUN2.2 Where can an EEA family permit be issued?

EEA family permits may be obtained from any visa issuing post. It is not necessary for an applicant to be lawfully or normally resident in the country to apply.

but I cannot find any way to apply in the UK. Online or in person. I cannot find the form to download and print. The one I have found states:

This form is for use outside the UK only.

Typical.

Thanks for any help

-Jack

[7by7]

Jackinbkk, you say in your opening post that you have been unmarried partners for 4 years. But it also appears from your OP that you live in the UK and she lives in Thailand.

As bangkockney has already said, to qualify as unmarried partners you need to have been living together in a relationship akin to marriage for at least the last two years; to which I would add, outside the UK. Short periods apart, e.g. due to work or family commitments, are acceptable of course; but not living in two separate countries.

If you live in the UK and she lives in Thailand, then she does not qualify for an EEA Family Permit as your unmarried partner.

Were you to marry then she would, of course, be able to apply as your spouse.

[jackinbkk]

Hi,

an update. This weekend I have been graced with the great news that my girlfriend/fiancee of 4 years has been granted UK residence as an unmarried family member of an EEA national. A beautiful piece of paper to have. I used my Irish passport to get it. I live in the UK but I have an Irish passport and always used that for all of my travel. What a joy and what relief! This has been a long and excruciating experience but I now feel like a marathon runner crossing the finish line. I can get on with life. We can be together without the cost and the heartbreak of being seperated every 6 months and that joy of filling in those visa forms again and again.

The great news. This residence card lasts for 5 years, she can work etc straight away and the cost to me was £0 (just P&P) as I did all the paperwork and documents myself at every stage.

There was no English test, no need to translate documents and no medical cert required for TB. I feel quite bad for the people getting UK settlement visas who seem to get ****** on all of these requirements.

I believe that also because my fiancee has an EEA permit that we can travel together to other EEA states like Spain, France or Germany without the need for a Schengen visa. Another great benefit as

the hassle of getting a schengen visa for Spain last year proved diabolical. A terrible experience also. Many are forced to call premium numbers (it's based on your UK location) here in the UK just to book an appointment and it's also a communications blackout with nobody seeming to answer any questions. Not to mention more paperwork each time. Later I learned that as a visitor my fiancee wasn't even allowed to apply for a Schengen visa until she was back in Thailand.

So despite the idiot in Bangkok who called my girlfriend and told her to withdraw her application as an EEA family member (scaring her saying her passport would get a black mark otherwise) nearly 12 months ago and despite the people at the Bangkok visa application centre telling me time and time again that we were not entitled to this permit I now feel vindicated. They also charged me the ~4000 baht laughing at me when I told them it was a free application. They later returned the money, once someone more senior informed them. What do farang know anyway? My second application for the EEA family member was granted within 3 months of application and that time includes the Christmas and New Year holidays. I cannot thank the people who processed my application the 2nd time enough.

So for everyone going through this process, keep at it. It is difficult and it does seem stressful but in the end if you get the good news it will all have been worth it. You may not always be told the right information so research as much as you can.

Good luck

-Jack

Some of my previous posts:

Uk Settlement, Dual NationalUK and Ireland, EEA nationals

http://www.thaivisa.com/forum/topic/454609-uk-settlement-dual-national/page__p__4321367__fromsearch__1#entry4321367

2Nd Uk Visitor Visahow soon can one be had

http://www.thaivisa.com/forum/topic/408233-2nd-uk-visitor-visa/page__fromsearch__1

Urgent - Eea Family Permitnon EU, unmarried, for UK

http://www.thaivisa.com/forum/topic/462808-urgent-eea-family-permit/page__fromsearch__1

[jackinbkk]

p.s. My second application for the EEA permit was made in the UK where people appear to have more sense.

[7by7]

I believe that also because my fiancee has an EEA permit that we can travel together to other EEA states like Spain, France or Germany without the need for a Schengen visa.

Not until she has UK permanent residence in 5 years time. Until then she will need a Schengen visa to visit the Schengen states and a national visa for those EEA states who, like the UK and RoI, are not Schengen members.

[jackinbkk]

I believe that also because my fiancee has an EEA permit that we can travel together to other EEA states like Spain, France or Germany without the need for a Schengen visa.

Not until she has UK permanent residence in 5 years time. Until then she will need a Schengen visa to visit the Schengen states and a national visa for those EEA states who, like the UK and RoI, are not Schengen members.

I believe you are wrong but that may be because I didn't say that I meant for holidays. She can travel to any EU state for a period of up to 3 months without the need for a visa when travelling with me.

But non-EU family members of EU citizens have a fundamental right (coming from the EU treaties) to travel together with their EU family members to any of the EU member states, even if they do not have the required visa. This right has been clarified and upheld in 2002 by the highest European court, the ECJ, in the case C-459/99 (MRAX vs Kingdom of Belgium), and has been incorporated explicitly into Directive 2004/38/EC.

[7by7]

I haven't the time at present to read through the judgment, the directive and the regulations which effect and attach conditions to them.

However, based on what little knowledge I have I think it applies only if the EU national is moving to another member state to exercise an economic treaty right.

I am happy to be proven wrong on this, though, if you can link to and quote the relevant parts of the directive and regulations. I am always looking to improve my knowledge and/or sources of reference.

What I do know, though, is that if you were to do a thorough search of this, and similar forums, you will find posts from EU citizens living in the UK or RoI who have attempted to enter the Schengen area with their Thai partner who holds a valid residence card or residence visa for the UK or RoI, but not a Schengen visa, who have, at best, been subject to delay and questioning at the border and in some cases refused entry!

As a Schengen visa is free and simple to obtain, I'd recommend getting one.