I am a spouse of an EEA citizen. Should I apply for a Visitor visa or for a Family Permit? What is the difference?

By 1st 4Immigration - #1 UK Immigration Experts -
This is a common situation we face in our practice. EEA citizens wish to bring their spouses to the UK (or are planning to relocate to the UK together) and often apply for the wrong type of the visa, namely a visitor visa, assuming it would be “easier”. There is nothing wrong with such approach if your spouse is indeed just visiting the UK. It is, however far from the “easier” way and here is why.

A visitor visa is intended for a short holiday, visiting family and friends, business visits etc. It allows to stay in the UK for up to 6 months on each visit (even if your visitor visa is issued for longer than 6 months it still allows to stay only for 6 months in one visit).

This is one of the reasons there is a confusion -  a family permit is also for 6 months yet it is very different.

A visitor visa implies a temporary visit to the UK without severing your ties with the home country, and with you returning back there. Back to your work, family, property, and other “ties”. If a border control sees that you are relocating here, rather than just visiting, then it wouldn’t be the right visa.

A family permit, although can be also used for visits, can also be used for relocation to the UK, ie for coming here to settle. In this case the onus is on the EEA citizen, that they are exercising Treaty rights or intending to do so within 3 months of arrival. Since there is an expectation that an EEA spouse stays in the UK (potentially for ever), there is no need to prove that you have ties with your home country.

Contrary to the common opinion, a family permit in such cases is easier than a visitor visa. Furthermore, direct family members of EEA citizens gain automatic rights of residency in the UK, from the law and not from a “visa stamp”. This is why, once you have made it here on a visitor visa/airport stamp, you can switch to a visa as a family member of an EEA citizen, even from a visitor visa (which is not allowed if your spouse is British and not European).

To read about the visitor visa, visit Appendix V of the Immigration Rules: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-v-visitor-rules

To read about family permits: https://www.gov.uk/government/publications/eea-family-permits-eun02/eea-family-permit-eun02

For an individual advice or to make your application as successful please contact us: info@1st4immigration.com  or visit  http://www.1st4immigration.com/family-members-visas.php

If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CPD website: www.1st4immigration.com/training . We provide online and classroom training which awards CPD hours and accepted by the OISC towards your annual CPD credit.  

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