Uk EEA hassles.
May 18, 2012 10:10 AM   Subscribe

UK Visa and Work Permit Help: So I just received a Uk Entry Clearance which was a "EEA Family Member" type because my unmarried partner being German and she is working in the UK. But: a) why is it only valid for 6 months? and b) am I actually allowed to work on this Entry Clearance?

Its really unclear on the UK Border Agency website. I have read over everything there a number of times and there are no other reputable sources of information I can find. - other than calling the UK Border Agency which I will do next week from the UK.

I thought that the EU required that member states allow Family Members of EEA Citizens the right to live and work with them?

I had a similar EEA Permit granted to remain in the Netherlands that was 5 years in duration and allowed work and all that. I sort of assumed the process would be much the same in all EU member states.
posted by mary8nne to Law & Government (7 answers total) 1 user marked this as a favorite
 
It's two separate things. There's the right to enter the country, which your entry clearance gives you, and the right to stay/work, which you can confirm by getting a residence card that is good for 5 years. (It appears you don't have to get the card if you don't want to, but it may make life easier if you do.)
posted by katemonster at 10:35 AM on May 18, 2012


Hey, I had one of these! I can answer your questions.

a) Because it is supposed to be only temporary. As soon as you arrive in the UK you should start the process to apply for a temporary residence card which is valid for 5 years. There have been a lot of complaints about how short the Family Permit is. Generally I found the UKResident site to be helpful

b) Yes, you can live and work in the UK using your EEA Family Permit. I know because I did so. You should show it whenever you re-enter the UK.
posted by vacapinta at 10:35 AM on May 18, 2012 [1 favorite]


The major problem that you WILL encounter is that your EEA FP will expire and you do not yet have your Residence Card.

At that point you are still legal in the UK - you are always legal in the UK as long as you are married to an EU spouse living there with you. - but you have no handy documents to prove it.

I ran into this issue and asked for help here on Mefi. In the end, I stayed put. That is, during that period it is best to just stay in the country rather than attempt convincing border guards that you are able to come live and work. I missed a great friend's birthday in Paris but c'est la vie! Luckily no family emergency came up.
posted by vacapinta at 10:44 AM on May 18, 2012


Response by poster: Damn, so should I have just applied for the Residence Permit from the start? It took 10 weeks for them just to process the other one.

What was the point of applying for the Entry Visa - I should have just applied for the Residence Permit.
posted by mary8nne at 12:46 PM on May 18, 2012


No, you need the Entry Visa to get into the country.
Do you need an EEA family permit?

A non-EEA family member of an EEA national will need to obtain an EEA family permit before travelling to the UK if they are:

a 'visa national' (see 'More information' below); or
coming to live with the EEA national in the UK permanently or on a long-term basis."
You can't apply for the Residence Permit until you're in-country.
posted by katemonster at 3:38 PM on May 18, 2012 [2 favorites]


I'm surprised that the EEA FP took 10 weeks. I always thought British embassies prioritised them. Mine took less than a week, including FedEx delivery times. I sent it to the UK Embassy in Los Angeles.

The Residence card, on the other hand, takes 3-12 months. I get these numbers from the UKResident site I linked above. They poll members about how long it took them. Currently only about 40% get their residence card under 6 months. Mine took about 8 months.
posted by vacapinta at 5:08 AM on May 19, 2012


Proviso - everything being handled by the UK Border Agency is currently taking much longer than usual, because they had a 25% staff cut and haven't got enough people to do their job, and/or are astoundingly incompetent. Delays in processing visa and travel authorisations are causing huge problems at work. Have a look on Google News for "UKBA" for a feel for the scale of the problem, and build in delay planning into your schedule because honestly I don't think this is going to go away any time soon.
posted by cromagnon at 10:23 AM on May 19, 2012


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