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EEA permit or tourism visa for a vacation in the UK?

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sebalex
Newbie
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Posts: 3


« on: May 03, 2017, 11:55:48 am »

hey everyone!
I live and work in Barcelona. I am married to a spanish citizen and have an article 10 residence permit (residence permit for family of EU national).

I can see that this gives me the option to enter the UK with  an EEA permit, however, for some reason from what I understood, that is only the case if I want to move and live/work there. Which i'm not, I just want to visit for a week or two.

An EEA permit is free of charge and a toursim visa is 107 euros even though as the partner of a european citizen I should be able to enter the UK free of charge.

Not only am I not understanding if I can use the EEA permit for tourism, but I'm also not finding where I can apply for it!

any help would be appreciated, thanks!


seb
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« on: May 03, 2017, 11:55:48 am »

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bugibar
Full Member
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Posts: 103


« Reply #1 on: May 11, 2017, 03:24:33 pm »

An EEA family permit is an immigration document that assists the holder to enter the United Kingdom as a family member of a citizen of a contracting state to the European Economic Area agreement. An EEA family permit is valid for 6 months, and it does not distinguish whether your intention upon entering UK is to live there or to just visit the Big Ben. You can leave and enter the UK as many times as you need within that time. You apply for an EEA family permit on the VAF5 form

Code:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/270530/vaf5.pdf

The application is to be submitted to the UK Border Agency and can be applied online at:

Code:
https://www.gov.uk/apply-uk-visa

See here for more details on the EEA family permit:

EEA Family permit
http://www.euro-dollar-currency.com/EEA_family_permit.htm

Good luck to you.
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sebalex
Newbie
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Posts: 3


« Reply #2 on: May 11, 2017, 03:54:38 pm »

thank you for your help.

On tripadvisor, where i asked the same question, i got the following answer:

The EEA Family Permit is indeed for spouses of EU nationals moving to the UK, not for visitors. It's the same as the document that was issued to you in Spain.

If you are travelling to the UK with your partner then you do not need to apply for anything at all from the British authorities - your Spanish residence permit doubles up as your visa for the UK.

So I understand that EEA is needed no matter WHAT the case is, for me to enter the UK ? Or can I just show up with my partner and show my article 10 residence permit as European national's partner?

also, if given an EEA permit, does my partner have to be traveling with me for me to enter the UK?
thank you
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bugibar
Full Member
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Posts: 103


« Reply #3 on: May 12, 2017, 10:24:18 am »

The EEA family permit is defined in The Immigration (European Economic Area) Regulations No. 1003 of 2006. See PART 2, EEA RIGHTS.

Code:
Right of admission to the United Kingdom

11.—(1) An EEA national must be admitted to the United Kingdom
if he produces on arrival a valid national identity card or passport
issued by an EEA State.

(2) A person who is not an EEA national must be admitted to the
United Kingdom if he is a family member of an EEA national, a family
member who has retained the right of residence or a person with
a permanent right of residence under regulation 15 [b]and produces on arrival [/b]-

   (a) a valid passport; and
   (b) an EEA family permit, a residence card or a permanent residence card.

(source: http://www.legislation.gov.uk/uksi/2006/1003/pdfs/uksi_20061003_en.pdf)

Then, the regulation defines what happens if you do not have an EEA family permit:

Code:
(4) Before an immigration officer refuses admission to the United Kingdom
to a person under this regulation because the person does not produce on
arrival a document mentioned in paragraph

(1) or (2), the immigration officer must give the person every reasonable
opportunity to obtain the document or have it brought to him within a reasonable
period of time or to prove by other means that he is—

   (a) an EEA national;
   (b) a family member of an EEA national with a right to accompany
        that national or join him in the United Kingdom; or

And if you read further in article 12:

Code:
12.—(1) An entry clearance officer must issue an EEA family permit
to a person who applies for one if the person is a family member of
an EEA national and—

   (a) the EEA national—

      (i) is residing in the UK in accordance with these Regulations; or
      (ii) will be travelling to the United Kingdom within six months of
           the date of the application and will be an EEA national residing
           in the United Kingdom in accordance with these Regulations on
           arrival in the United Kingdom; and

   (b) the family member will be accompanying the EEA national to the
   United Kingdom or joining him there and—

      (i) is lawfully resident in an EEA State; or
      (ii) would meet the requirements in the immigration rules (other
           than those relating to entry clearance) for leave to enter the
           United Kingdom as the family member of the EEA national or,
           in the case of direct descendants or dependent direct relatives
           in the ascending line of his spouse or his civil partner, as the
           family member of his spouse or his civil partner, were the EEA
           national or the spouse or civil partner a person present and settled
           in the United Kingdom.

(source: http://www.legislation.gov.uk/uksi/2006/1003/pdfs/uksi_20061003_en.pdf)

Not having an EEA permit before you head to the UK - you might not get a boarding pass when entering on board of your carrier, and you could experience major delays without one. Depending on the setting at the border, you may be refused entry into the UK if you don’t have an EEA family permit. An EEA family permit makes it easier and quicker to enter the UK. It is free of charge, so considering the fact that you are eligible for one, I would not hesitate to apply. Your partner needs to travel with you. The code defining the EEA family permit does not reflect purpose of travel.
« Last Edit: May 12, 2017, 10:27:08 am by bugibar » Logged
danisara
Sr. Member
****
Posts: 274


« Reply #4 on: May 12, 2017, 10:29:25 am »

By the way, see here for more details:

Code:
https://www.gov.uk/government/publications/eea-family-permits-eun02/eea-family-permit-eun02

Let us know how your travel went and whether you had any issues entering the UK.
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sebalex
Newbie
*
Posts: 3


« Reply #5 on: May 12, 2017, 10:41:44 am »

Thanks again for your time and help!

Yes, yesterday I started filling out the application. I just read the articles you shared.
I was kind of worried about whether or not airlines would let me board without a visa even if by law I am allowed to enter the UK with my partner and my spanish residence card. I do think having the EEA permit is better to play it safe and avoid complications.

However, while filling out the EEA permit application, there was a question that asked if my EEA national partner will be accompanying me. You mentioned they have to, so how come they ask a yes or no question, instead of saying ''you can't enter unless they're with you''.

I ask this because I'm traveling mostly to visit friends and family members living there, and not only does she not know them, she's also not so good in english, which can make the trip less exciting for her, so I obviously prefer traveling alone.

Do you think if I apply for the EEA permit and say my spanish partner is not accompanying me, I will get refused? Because I don't understand why they'd put that option to being with...

thanks again for all the help:)
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