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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7435
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am now married to a member of an E.U. national. He lives/works

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I am now married to a member of an E.U. national. He lives/works in U.K. and has dual citizenship: Austria/South Africa. I have plans to travel to U.K. in a week but do plan to return to USA after visit. I have yet to apply for the EEA Family Permit. My question is: Am I or my spouse able to apply while I am in the U.K.? I remember seeing something that says applying whilst in the U.K. but cannot locate nor recall if this is factual? I will also be applying for my minor child to join us.

Thanks for your question and detail you have provided.

For clarity and the avoidance of doubt, could you please respond to the following:-
1. You are travelling to the UK for a short period of time before returning, correct?
2. What nationality are you
3. You enquire as to whether you are able to apply whilst you are in the UK, are you asking whether you can apply for a Family Permit whilst in the UK
Kind regards.

Customer: replied 4 years ago.

1. Yes

2. USA

3. Yes--and perhaps at the embassy there?


Thanks for your reply.

I’m afraid no, Family Permits may only be applied for by a person who is outside the UK. That is what they are for; to permit entry to the UK in the first instance.

Therefore, you will have to apply for a family permit before you travel.

If you are a US citizen then you would otherwise be entitled to travel for a visit and use your visa waiver privileges as a US national. However, this right is technically discretionary and the UKBA official at the airport can and do refuse entry where they suspect there is a risk of an overstay or where the purpose is not for a visit. I would say that it is too big of a risk and therefore that you should apply for a Family Permit before you travel.

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Kind regards,

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