EEA FP - UK to Poland - Pakistani Spouse

[IM91]

Hi.

I am a British Citizen and my husband is a Non-EEA national (Pakistani). I have been married in Pakistan since Jan 2014 and and from April 2014-September 2014 have been living together in Pakistan. I am now back in the UK.

I've been researching and thinking of the best way of being together in the UK.
I have thought of a way but unsure of the steps, so feel free to clarify and add bits

- I am planning to exercise my treaty right in Poland by working and apply for a residency card.
- After that, I would call my husband over on a tourist schengen visa whilst the marriage certificate is being authorised etc (then apply for a temporary residency card for him if necessary)
- After we have been living together for 3 months (or maybe less) and gained the necessary documents (tenancy agreement, payslips etc, marriage certificate with being valid in Poland)
- I would apply for a EEA Family Permit in order to come back to the UK with my husband

My questions are:
1) Can he apply for EEA FP eventhough he is on a tourist visa or is the spouse visa in Poland necessary, if so is he able to switch from visit to spouse with the required documents?

2) Does the documents to apply for the FP have to be on only my name or both our names? such as the tenancy agreement and the bills, bank account.

3) Does he have to come live with me in Poland in order to apply for EEA FP?

Any help appreciated.
Thank you

[chaoclive]

Hi.

I am a British Citizen and my husband is a Non-EEA national (Pakistani). I have been married in Pakistan since Jan 2014 and and from April 2014-September 2014 have been living together in Pakistan. I am now back in the UK.

I've been researching and thinking of the best way of being together in the UK.
I have thought of a way but unsure of the steps, so feel free to clarify and add bits

- I am planning to exercise my treaty right in Poland by working and apply for a residency card.
- After that, I would call my husband over on a tourist schengen visa whilst the marriage certificate is being authorised etc (then apply for a temporary residency card for him if necessary)
- After we have been living together for 3 months (or maybe less) and gained the necessary documents (tenancy agreement, payslips etc, marriage certificate with being valid in Poland)
- I would apply for a EEA Family Permit in order to come back to the UK with my husband

My questions are:
1) Can he apply for EEA FP eventhough he is on a tourist visa or is the spouse visa in Poland necessary, if so is he able to switch from visit to spouse with the required documents? APPLYING ON A VISIT VISA IS FINE; THIS DOESNT MATTER. OF COURSE, HE WILL BE ABLE TO APPLY FOR A VISA AS THE SPOUSE OF AN EEA CITIZEN IN HIS HOME COUNTRY. THIS WILL BE FREE. YOU SHOULD LOOK INTO THE INFO ON THE POLISH EMBASSY WEBSITE.

2) Does the documents to apply for the FP have to be on only my name or both our names? such as the tenancy agreement and the bills, bank account. YOU WILL NEED TO PROVE THAT HE HAS LIVED WITH YOU. WHY DOESN'T HE ENTER WITH YOU? THAT WAY YOU WOULD BE ABLE TO GET EVERYTHING IN BOTH YOUR NAMES. REMEMBER YOU NEED TO PROVE THAT YOU HAVE MOVED THE CENTRE OF YOUR LIFE TO YOUR NUMBER COUNTRY.

3) Does he have to come live with me in Poland in order to apply for EEA FP? YES, HE WILL HAVE TO LIVE TOGETHER WITH YOU IN POLAND (OR ANOTHER EEA COUNTRY) FOR HIM TO QUALIFY FOR THE EEA FP.

THERE ARE SOME FACEBOOK PAGES THAT MIGHT HELP. SEARCH FOR: SS RIGHTS, EEA FREEDOM OF MOVEMENT; SURINDER SINGH ROUTE-EU FREE MOVEMENT AND EU FREE MOVEMENT DIRECTIVE 2004/38/EC

Any help appreciated.
Thank you

[slough_Boy]

Hi.

I am a British Citizen and my husband is a Non-EEA national (Pakistani). I have been married in Pakistan since Jan 2014 and and from April 2014-September 2014 have been living together in Pakistan. I am now back in the UK.

I've been researching and thinking of the best way of being together in the UK.
I have thought of a way but unsure of the steps, so feel free to clarify and add bits

- I am planning to exercise my treaty right in Poland by working and apply for a residency card.
- After that, I would call my husband over on a tourist schengen visa whilst the marriage certificate is being authorised etc (then apply for a temporary residency card for him if necessary)
- After we have been living together for 3 months (or maybe less) and gained the necessary documents (tenancy agreement, payslips etc, marriage certificate with being valid in Poland)
- I would apply for a EEA Family Permit in order to come back to the UK with my husband

My questions are:
1) Can he apply for EEA FP eventhough he is on a tourist visa or is the spouse visa in Poland necessary, if so is he able to switch from visit to spouse with the required documents?

2) Does the documents to apply for the FP have to be on only my name or both our names? such as the tenancy agreement and the bills, bank account.

3) Does he have to come live with me in Poland in order to apply for EEA FP?

Any help appreciated.
Thank you

Why do u not consider to apply Polish EEA FP to bring ur husband in Poland as resident instead of applying Schengen Visa.
and
UK EEA FP is not easy now, UKVI has tough requirements for Surinde Singh route.

[IM91]

My questions are:
1) Can he apply for EEA FP eventhough he is on a tourist visa or is the spouse visa in Poland necessary, if so is he able to switch from visit to spouse with the required documents? APPLYING ON A VISIT VISA IS FINE; THIS DOESNT MATTER. OF COURSE, HE WILL BE ABLE TO APPLY FOR A VISA AS THE SPOUSE OF AN EEA CITIZEN IN HIS HOME COUNTRY. THIS WILL BE FREE. YOU SHOULD LOOK INTO THE INFO ON THE POLISH EMBASSY WEBSITE.

I am aware of the spouse visa but thought it would be quicker getting the visit visa as the documents are already sorted and My job in Poland starts soon.The marriage certificate need to be stamped the ministry of foreign affairs and the polish embassy. Once I have the document validated I will then apply for his temporary residency card in Poland showing that he is my spouse.

2) Does the documents to apply for the FP have to be on only my name or both our names? such as the tenancy agreement and the bills, bank account. YOU WILL NEED TO PROVE THAT HE HAS LIVED WITH YOU. WHY DOESN'T HE ENTER WITH YOU? THAT WAY YOU WOULD BE ABLE TO GET EVERYTHING IN BOTH YOUR NAMES. REMEMBER YOU NEED TO PROVE THAT YOU HAVE MOVED THE CENTRE OF YOUR LIFE TO YOUR NUMBER COUNTRY.

I have planned to travel together to Poland and stay until July (end of contract) and within that time prove that my 'centre of life' has been moved to Poland by providing my (and his) contract, wage slips, joint bank account, tenancy agreement with our names, utility bills, my polish driving license. Anything else I should add?

3) Does he have to come live with me in Poland in order to apply for EEA FP? YES, HE WILL HAVE TO LIVE TOGETHER WITH YOU IN POLAND (OR ANOTHER EEA COUNTRY) FOR HIM TO QUALIFY FOR THE EEA FP.


THERE ARE SOME FACEBOOK PAGES THAT MIGHT HELP. SEARCH FOR: SS RIGHTS, EEA FREEDOM OF MOVEMENT; SURINDER SINGH ROUTE-EU FREE MOVEMENT AND EU FREE MOVEMENT DIRECTIVE 2004/38/EC.

Thank You

[chaoclive]

1) Can he apply for EEA FP eventhough he is on a tourist visa or is the spouse visa in Poland necessary, if so is he able to switch from visit to spouse with the required documents? APPLYING ON A VISIT VISA IS FINE; THIS DOESNT MATTER. OF COURSE, HE WILL BE ABLE TO APPLY FOR A VISA AS THE SPOUSE OF AN EEA CITIZEN IN HIS HOME COUNTRY. THIS WILL BE FREE. YOU SHOULD LOOK INTO THE INFO ON THE POLISH EMBASSY WEBSITE.

I am aware of the spouse visa but thought it would be quicker getting the visit visa as the documents are already sorted and My job in Poland starts soon.The marriage certificate need to be stamped the ministry of foreign affairs and the polish embassy. Once I have the document validated I will then apply for his temporary residency card in Poland showing that he is my spouse.
[/quote]

There is a difference between a spouse visa and an application for a normal Schengen visit visa for the spouse of an EEA citizen. He will not be entitled to apply for a spouse visa for Poland as you are not Polish. You will, however, be able to have him apply for a normal visit visa AS THE SPOUSE of an EEA citizen. The required documents should be fewer in number and the visa should be free, unlike when a citizen of an non-EEA applies for a normal visa of the Schengen area (they will have to pay the fee). No matter what, he will have to apply for a visa otherwise he is unlikely to be allowed to board the plane.

My civil partner has had visas for Spain and the Netherlands as my civil partner (spouse). These visas were issued REALLY quickly and were all free.

See here: http://www.londyn.msz.gov.pl/en/consula ... ly_members

[IM91]

There is a difference between a spouse visa and an application for a normal Schengen visit visa for the spouse of an EEA citizen. He will not be entitled to apply for a spouse visa for Poland as you are not Polish. You will, however, be able to have him apply for a normal visit visa AS THE SPOUSE of an EEA citizen. The required documents should be fewer in number and the visa should be free, unlike when a citizen of an non-EEA applies for a normal visa of the Schengen area (they will have to pay the fee). No matter what, he will have to apply for a visa otherwise he is unlikely to be allowed to board the plane.

I was referring to the Schengen visit visa for spouse of an EEA citizen not spouse visa, apologies.
I need to have the certificate legalized as a proof of the marriage, as I have a limited time, I am applying for Schengen visit visa.

thanks for link.

[chaoclive]

There is a difference between a spouse visa and an application for a normal Schengen visit visa for the spouse of an EEA citizen. He will not be entitled to apply for a spouse visa for Poland as you are not Polish. You will, however, be able to have him apply for a normal visit visa AS THE SPOUSE of an EEA citizen. The required documents should be fewer in number and the visa should be free, unlike when a citizen of an non-EEA applies for a normal visa of the Schengen area (they will have to pay the fee). No matter what, he will have to apply for a visa otherwise he is unlikely to be allowed to board the plane.

I was referring to the Schengen visit visa for spouse of an EEA citizen not spouse visa, apologies.
I need to have the certificate legalized as a proof of the marriage, as I have a limited time, I am applying for Schengen visit visa.

thanks for link.

Ah ok...then I guess it's fine to go for the Schengen visit visa

[Babajee85]

to which country you will apply for schenegn visa ?

Have you applied it or not yet ?

[askmeplz82]

Are you a polish-British or just British ?

[Casa]

This thread is almost a year old!

[IM91]

This thread is almost a year old!

Sorry for not updating, its because I decided not to go through this route at that time, I finished off university and I declined the job offer. I will be now planning to do this now, looking for a job and won't start the process until I have a job offer.

to which country you will apply for schenegn visa ?

Have you applied it or not yet ?

When I do apply, I will be applying from Poland.

Are you a polish-British or just British ?

I am just British.

[IM91]

Just an update on the situation:

I have registered self employed and have obtained a Polish permanent residency card and now I am looking to apply for my spouse's visa in a 2-3 months. I have also a lawyer in Poland to make this process easier and less stressful for myself, I am still stressed but hoping for the best. The lawyer has contacted the embassy in Islamabad for a information regarding visa and they would like to see invoices/profits before applying for his visa along with his insurance papers and other requirements as listed. I have heard that pakistan-polish relation is not great on visas, but I hope for the best.
Will keep this post updated.