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rfusal to accept visa application

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sinai
Junior Member
Posts: 57
Joined: Mon Jul 16, 2012 11:36 am

rfusal to accept visa application

Post by sinai » Fri Mar 06, 2015 10:53 pm

hi,

please any help or professional advise

I am Italian and my partner my daughter are non EU with expired family permit in uk. today I asked for application visa to go back to Italy but I was told I cant even apply for visa for my family if they don't have valid family permit or residence card in uk? is that right?

any advise will be highly appreciated

thanks

martin54
Junior Member
Posts: 74
Joined: Thu Mar 05, 2015 8:40 pm

Re: rfusal to accept visa application

Post by martin54 » Sat Mar 07, 2015 12:16 am

Hi there,
Your family as non eea family member don't need to go back and apply for family permit once they are already in the UK,they can apply for 5yrs resident permit to enable them to work and exercising their treaty right as family of eea. They can obtain an application form for resident permit at UKBA website, but my advice for you is to make sure you have a job or being self-employed because they are depending on you to obtain a resident permit in the UK.All information are on www.gov.uk website.

Best of luck

chaoclive
Diamond Member
Posts: 1599
Joined: Wed Jul 24, 2013 7:49 pm
Ireland

Re: rfusal to accept visa application

Post by chaoclive » Sat Mar 07, 2015 7:05 am

martin54 wrote:Hi there,
Your family as non eea family member don't need to go back and apply for family permit once they are already in the UK,they can apply for 5yrs resident permit to enable them to work and exercising their treaty right as family of eea. They can obtain an application form for resident permit at UKBA website, but my advice for you is to make sure you have a job or being self-employed because they are depending on you to obtain a resident permit in the UK.All information are on http://www.gov.uk website.

Best of luck
I don't know that answer, but I think that you have misunderstood the question.

He seems to be looking for a visa for Italy not the UK. The Italian Embassy in the UK seems to have refused him as his family members don't have any valid permits/visas for the UK. He now wants to know if this is correct.

cafeconleche
Newbie
Posts: 42
Joined: Thu Nov 21, 2013 1:13 am

Re: rfusal to accept visa application

Post by cafeconleche » Mon Mar 09, 2015 10:30 am

That can't be legal since EEA family members have the automatic right of residence without documentation (apart from the marriage certificate, and adoption document). Contact SOLVIT.

sinai
Junior Member
Posts: 57
Joined: Mon Jul 16, 2012 11:36 am

Re: rfusal to accept visa application

Post by sinai » Tue Mar 10, 2015 6:48 pm

thanks for chaoclive . that what mean.

can anyone advise me which steps I need to follow.. as in the Italian embassy they insisting to say that my daughter must have new family permit.? in order to apply for visa?

regards

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Re: rfusal to accept visa application

Post by Directive/2004/38/EC » Tue Mar 10, 2015 8:56 pm

Are you working in the UK?
What is the citizenship of your non-EU family members?
Are you planning to move to italy or just to visit?

sinai
Junior Member
Posts: 57
Joined: Mon Jul 16, 2012 11:36 am

Re: rfusal to accept visa application

Post by sinai » Wed Mar 11, 2015 9:16 pm

thanks for response,
yes I am working in uk since 2011 full time contract
for now I will go for visit
my partner is Egyptian from my partner I have another 2 children who they are Italian by birth

thanks again

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Re: rfusal to accept visa application

Post by Directive/2004/38/EC » Wed Mar 11, 2015 11:31 pm

Are you legally married to your partner? Are you living together in the UK?

sinai
Junior Member
Posts: 57
Joined: Mon Jul 16, 2012 11:36 am

Re: rfusal to accept visa application

Post by sinai » Thu Mar 12, 2015 8:16 pm

hi,
we are living together in uk but not legally married.

thanks

Mo2013
Junior Member
Posts: 52
Joined: Mon Apr 29, 2013 2:05 pm

Re: rfusal to accept visa application

Post by Mo2013 » Thu Mar 12, 2015 8:24 pm

From My experisnce , is no way to go to Italy if they have not got risedance in uk even If u r married . the only option is to apply for residents and when u get COA ask for passport back and apply for the visa . . Or from the country of Origen

sinai
Junior Member
Posts: 57
Joined: Mon Jul 16, 2012 11:36 am

Re: rfusal to accept visa application

Post by sinai » Thu Mar 12, 2015 9:11 pm

hi,
can I b visit any other European country and I will apply for new family permit? for ex I am thinking to go france for 10 days and apply for family permit to come back to uk? is it possible?

thanks

Directive/2004/38/EC
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Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Re: rfusal to accept visa application

Post by Directive/2004/38/EC » Thu Mar 12, 2015 9:18 pm

sinai wrote:we are living together in uk but not legally married.
Have you been living together for more than 2 years? If so see https://eumovement.wordpress.com/2008/0 ... ficiaries/ and you should consider applying for a Residence Card, though I would consider working with a solicitor if it is a complicated situation.

Free movement within the EU (for example to Italy) applies automatically only when you are married or have a Residence Card.

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Re: rfusal to accept visa application

Post by Directive/2004/38/EC » Thu Mar 12, 2015 9:26 pm

sinai wrote:can I b visit any other European country and I will apply for new family permit? for ex I am thinking to go france for 10 days and apply for family permit to come back to uk? is it possible?
Did your partner earlier have a UK issued EEA Family Permit? If so you should directly apply for a Residence Card.

Not clear what you are trying to achieve with your travels.

sinai
Junior Member
Posts: 57
Joined: Mon Jul 16, 2012 11:36 am

Re: rfusal to accept visa application

Post by sinai » Thu Mar 12, 2015 9:33 pm

yes she had eea family permit, but we cant wait for 6 months without traveling as she needs to go her origin country for short visit. o we aretrying to get new family permit before leaving and once she renter we are going to apply for residence card

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Re: rfusal to accept visa application

Post by Directive/2004/38/EC » Thu Mar 12, 2015 9:47 pm

sinai wrote:yes she had eea family permit, but we cant wait for 6 months without traveling as she needs to go her origin country for short visit. o we aretrying to get new family permit before leaving and once she renter we are going to apply for residence card
Good! Is the EEA Family Permit still valid? The holder can enter and leave the UK for the whole duration easily.

You do not need to wait for 6 months. You can apply for the Residence Card and ask for the immediate return of the applicants passport.

sinai
Junior Member
Posts: 57
Joined: Mon Jul 16, 2012 11:36 am

Re: rfusal to accept visa application

Post by sinai » Thu Mar 12, 2015 9:53 pm

the family permit expired and that the reason why Italian embassy refused to accept the application?

sinai
Junior Member
Posts: 57
Joined: Mon Jul 16, 2012 11:36 am

Re: rfusal to accept visa application

Post by sinai » Thu Mar 12, 2015 10:05 pm

I see its difficult get solution for this and thanks for everyone who replied to my post

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Re: rfusal to accept visa application

Post by Directive/2004/38/EC » Thu Mar 12, 2015 10:23 pm

Applying for a new EEA Family Permit can take some time. Just keep that in mind if your partner is travelling.

sinai
Junior Member
Posts: 57
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Re: rfusal to accept visa application

Post by sinai » Fri Mar 13, 2015 8:43 pm

hi,

just anyone can confirm me that I can apply for fp from france even while we are in visit , and i prefer to apply for it instead of applying from my partner origin country?

thanks

sinai
Junior Member
Posts: 57
Joined: Mon Jul 16, 2012 11:36 am

Re: rfusal to accept visa application

Post by sinai » Sun Mar 15, 2015 1:05 pm

can you please advise me the name of good solicitor in London for immigration issue regarding EEA?

regards

Directive/2004/38/EC
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Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Re: rfusal to accept visa application

Post by Directive/2004/38/EC » Sat Mar 21, 2015 11:26 pm

sinai wrote:just anyone can confirm me that I can apply for fp from france even while we are in visit , and i prefer to apply for it instead of applying from my partner origin country?
An EEA FP can be applied for from any office. You do not need to go to apply in any specific country, like the country of your citizenship.

Some British visa sections process EEA FP applications slowly. It will almost always take two weeks. Sometimes an application can take more than 8 weeks to process. Can your partner wait in france for that length of time?

If your partner is already in the UK, I would strongly recommend figuring out a way of applying for a Residence Card before they leave the UK.

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