EEA Family Permit Application question

Question

I am a Dutch national, my wife is from Asia. I moved to the UK 4 weeks ago. Just completed 1 month in the UK. I don’t have my National insurance number yet. My jobcentre appointment is on 27 July. First I will get the temporary NI number, after 6 weeks I will receive the permanent NI Number. I have a full-time job. I am applying for EEA family member permit to bring my wife to the UK.

When I look at the requirement for EEA family member permit at https://www.gov.uk/family-permit/documents-you-must-provide

It says. "You must show that your EEA family member has a permanent right of residence or is one of the following if they’ve been in the UK for more than 3 months:"

My question is 1) Do I have to wait for 3 months before I apply for the EEA family member permit for my wife? 2) Can we apply for EEA family member permit without my National insurance number?

Please advice.

Thanks, Bob

Answer 1

Do I have to wait for 3 months before I apply for the EEA family member permit for my wife?

No, you do not. In fact, you could have applied before you went to the UK, and your wife could have traveled with you when you moved there four weeks ago. The free movement directive provides for a right of residence for up to three months with virtually no conditions; after three months, you can be required to meet certain conditions, which are referred to as being a "qualified person."

That paragraph says that if she does apply after you've been there for three months, then the UK can require her to prove that you meet one of the conditions on the list that follows the quoted material (working, self-employed, studying, or financially independent). The fact that you've been there for a shorter period of time makes the application easier because you are not yet required to meet those criteria.

If she applies before you've been there for three months, and travels after you've been there for three months, she should probably be prepared to submit evidence that you are "qualified" when she arrives.

Can we apply for EEA family member permit without my National insurance number?

Yes.