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Repatriation

Help please! Question about EEA Family Permit VAF5

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Help please! Question about EEA Family Permit VAF5

Postby GrahamSanRoque » Wed 26 Jun 2013 12:07 GMT

I am a British subject who has been living and working in Spain for a number of years. I would like some advice / help in applying for an EEA Family Permit for my Thai wife.


Some background information:

As stated above I have been living and working in Spain for a number of years and in 2005 I went to Thailand met and married my wife (Thai citizen) I stayed on in Thailand for two years then in 2007 we went to my home in Spain where I continued to work until 2009 my wife was with me for the whole time and held a Spanish ID card NIE number.
In November 2009 we returned to Thailand where I worked as a Teacher for 3 years returning to Spain again in May this year 2013 and I am currently working here in Spain as a teacher. My wife is now waiting for her new ID card.
We have two daughters Nancy 4 born in Spain and Mary 6 Born in Thailand both hold british passports.

I wish to return to the UK with my family and I understand that I can do this by completing an application form EEA Family Permit, (Surinder Singh). Is this application means tested as I see nothing to state how much we should have in our bank.
Would it be possible to talk with someone about our application as I don’t want to delay our planed return to the UK as I need to get Mary into school as soon as possible and before we run too low on funds.
We intend to remain in the UK and I hope to start work there soon after arriving.
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Postby Dave » Wed 26 Jun 2013 12:43 GMT

Hi, Graham, and welcome.

The short answer to your question appears to be yes. Looking at the form, there are quite a few questions asking about the EEA national's finances: Questions 8.4.4 to 8.4.11 and Sections 8.9 and 8.10 are the relevant boxes on the application form.

I went and had a quick look at the UK Border Agency website. They certainly expect you and your wife to provide evidence that you'll have sufficient funds to maintain your family for as long as you're expecting to stay in the UK, although they don't specify an amount.

UK Border Agency: Supporting documents for an EEA family permit (website)
UKBA: Supporting documents guidance (PDF, 78 KB)

Presumably they don't specify an amount because circumstances vary so much, depending on where in the UK you plan to live and/or work. But I'd imagine they'd expect you to be able to support yourself for at least a couple of months, if you don't already have a job lined up.
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Wife's Family Permit.

Postby GrahamSanRoque » Thu 27 Jun 2013 10:21 GMT

Thanks Dave for your input, I just wish I knew the best way to apply. I could say that we are going to visit family for a few days however if I was offered work while in the UK, would my wife have to leave at the end of our proposed visit or would she be able to remain in the UK with me and our children?

I do have an offer of work in the UK from a friend if I want it but I wanted to talk it over with them in person first.

Do you know if the Family Permit is issued only for the duration of the proposed visit or is it usually a year permit?

As you can see from my post, I am currently working in Spain but on low wages and I would prefer to return to the UK as we could both work there and the children could go to an English school.
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Postby Dave » Thu 27 Jun 2013 14:50 GMT

I'm not absolutely sure, but if my understanding of the guidance on "Surinder Singh" cases is right, then your wife would get a 5-year residence card, unless your envisaged period of residence is shorter.

My instinct would be to advise against stating a purpose of visit that isn't what you really intend. If you're both intending to work, for instance, then you might find it difficult for your wife to get a work permit if you're supposedly only visiting family for a few days. But, I stress, I'm not an expert on the immigration rules.
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Wife's Family permit.

Postby GrahamSanRoque » Fri 28 Jun 2013 09:23 GMT

Thanks again Dave for your help. If I go to The British Embassy in Madrid do you think they would be able to give me some guidance on completing the application.
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