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Eea Family Permit Accommodation

EEA family permit

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#1 lina2877

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Posted 02 September 2012 - 11:50 AM

  • I am an EEA citizen living in the UK for years. I am going to get married to my non EEA fiance who use to live in the UK for about 10 years as an illegal. We are together for 5 years and lived together for 4.5 years and we tried to legalize his status but unfortunately he got refused twice. He decided to fly home, get married there (Algeria) and apply for the EEA family permit to come back to the UK.
  • We still waiting for the appointment in his country for the marriage but as soon as we are married we want to submit the application. I would like to prepare every document in time that is why every help would be appreciated.
  • For the EEA family permit I did not find any written proper requirement about the suitable accommodation what makes me worried. I am renting a single room at the moment in a shared household since my fiance went home because I am not able to pay one whole flat alone. Flat prices are high in London where I live.
  • My question is: Do I need to provide own flat for my future husband? What about double room? Is there any requirements about the overcrowded house? I am willing to move to a double room if it is enough for us. I guess single room is not sufficient.
  • Also: Do I need a letter from the landlord/owner that he/she is happy that my husband joining me soon?
Thank you



#2 Victoria

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Posted 03 September 2012 - 07:20 AM

There are no accommodation requirements.

#3 Mutly

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Posted 03 September 2012 - 11:28 AM

For the EEA family permit I did not find any written proper requirement about the suitable accommodation what makes me worried.


There isn't one. I can't rule out that ECOs are interested in checking the accommodation in some way given the many illegal practices which go on, however it is not a criteria and shouldn't be relevant.

The most important thing will probably be proof of your ongoing relationship. The overstay in the UK needs to be specifically declared, it will also be evident with proof of your relationship.

Take also proof of your current exercise of treaty rights.

If I understand correctly your partner is now in Algeria? If he is still in the UK, you can marry there.

#4 lina2877

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Posted 03 September 2012 - 11:24 PM

Thanks you for your answers.

So does it mean that a tenancy agreement on a single room will be fine then?

I exercise the treaty rights, I have a job.
We both have savings on my bank account in the UK and his account in Algeria.
Since he left the UK we talk on the skype, I went to see him also in Algeria in Jun.
Yes, he still in Algeria, we want to marry there.
I just hoping that he lived in the UK illegally does not affect his visa, does it? It is actually was not overstaying, he never had even a visa.



#5 Victoria

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Posted 04 September 2012 - 06:33 AM

It means that there are no requirements. If there are no requirements it doesn't matter where you live.

The application will be scrutinised because of his history. You may want legal assistance to make sure everything is covered.

#6 lina2877

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Posted 04 September 2012 - 09:57 AM

Thank you Victoria, I sent you an e-mail.

#7 Mutly

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Posted 04 September 2012 - 10:24 AM

I just hoping that he lived in the UK illegally does not affect his visa, does it? It is actually was not overstaying, he never had even a visa.


It is not a refusal reason but it has to be delcared and will be evident anyway. The most important thing will most likely be evidence of your ongoing relationship both before he left the UK and since.

#8 lina2877

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Posted 08 September 2012 - 09:16 AM

Thank you for your help again.

#9 Charlie101

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Posted 10 September 2012 - 07:45 PM

Im guessing that under EU law for EEA FP,the two most important documents to provide by the EEA citizen to prove his or her treaty right for their unmarried partners EEA application are :
1. Proof of exercising treaty right - Permanent Employement letter(At least 6months contract) ,an added Official pay slip from employer(not more than 6weeks from date of application) showing evidence of income,tax and NI contribution deductions will seal it(UKBA always want two evidence for each document-ORIGINALS).
2.Proof of living together for at least 2years- Original of rental agreements within those 2yrs period showing both you and your partners name ,council tax letter showing both names in the same address.No need to prove that you pay council tax.
I remembered that i once read that the EEA FP does not require the applicant to be legal resident of the country they are applying from.This means that it does not realy matter if they are illegal residents.Actually,you do not need to get married because it could create a reason for refusal(marriage of convinience for visa reason),especialy when your case is geniune.
As far as the applicant have a valid passport(At least 6months validity) and can provide the above evidence together with their unmarried partner,its a sealed deal.
You do not need to show if you have money or not and your Non-EEA partner does not need to be employed or student.The UKBA have no choice but to issue the EEA FP.This is the law and UKBA is helpless when it comes to this.
The only way they could refuse(on rare occasions) after providing the above documents is where it is proven that the applicant will be a security risk to the UK public,terrorist or something more serious if issued the EEA permit and as such,the sponsor have the right as EEA citizen to be given the reason for such refusal in writing.BTW;you could still appeal and most times more than 80% of the appeal with right documentation wins.
It takes maximum of 15days(Under EU directives) to be issued if the above documents could be provided and your partner have the same right as you have as EEA citizen.

#10 Victoria

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Posted 10 September 2012 - 07:49 PM

An application as an unmarried partner is not the same as a spouse if the applicant is in the UK unlawfully.





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