EEA Family permit Deceleration from EEA National Letter

[raju4u]

hi everyone. please check the following letter for and suggest if there is anything to change or add. Please note that EEA National never traveled to the UK before it will be there first trip to UK.


TO,
British High Commission
Warsaw Poland.


Declaration by the EEA national that the non EEA national would be traveling together.

Dear Sir/Madam,
I am a National of EU. I am married to ...... Passport Number........... a Non EU national for ,,... years and we also have a three years old daughter . My husband is living in Poland legally from more than 7 years and currently holds the Long-Term Residency card of EU. Me and my husband along with our daughter would like to travel to the UK, In order to travel with us he has applied for an EEA Family Permit.
Following documents are attached with the application for your consideration,
My EU Passport
My Husband's Non-EU Passport
My Daughter's EU Passport
Our marriage certificate
Our daughter's birth certificate
My husband's Long Term EU Residency Visa Card
My personal bank statement showing savings.
My husband's bank statement showing savings.

I understand that under The Immigration (EEA) Regulations 2006 section 13, my family members and I have an initial right of residence.
This is an application under EU law and I understand that it will be processed as soon as possible and on a priority basis.
As the spouse of an European citizen, I wish to exercise my right of free movement and residency as stated in the Free Movement Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004.
Should you need any further information, please do not hesitate to contact me. Sincerely hoping that you will give to this enclosed application your favourable consideration,
Yours faithfully,

[rosebead]

It looks fine to me. They are not obliged to include their daughter's birth certificate but I guess it should settle any vexatious claims that the marriage is not genuine which some of these visa officers make. Proof of savings aren't necessary and occasionally can even go against the applicant if the savings are low, as some visa officers wrongly refuse on the basis that the applicant and sponsor have insufficient resources to not be a burden on the UK. However, some visa officers may wrongly refuse if you do not show proof of savings. You cannot win with them sometimes. That said, your friend should get the EEA Family Permit (if UKVI staff do their job properly).

[raju4u]

It looks fine to me. They are not obliged to include their daughter's birth certificate but I guess it should settle any vexatious claims that the marriage is not genuine which some of these visa officers make. Proof of savings aren't necessary and occasionally can even go against the applicant if the savings are low, as some visa officers wrongly refuse on the basis that the applicant and sponsor have insufficient resources to not be a burden on the UK. However, some visa officers may wrongly refuse if you do not show proof of savings. You cannot win with them sometimes. That said, your friend should get the EEA Family Permit (if UKVI staff do their job properly).

thankyou very much for the reply and i highly appreciate the time you spare for us. The savings in the bankstatements are around £3000-/ which i think are enough for a short trip. Do you think that the following lines (As the spouse of an European citizen, I wish to exercise my right of free movement and residency as stated in the Free Movement Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004) are ok to write as the EEA National never traveled or worked in UK??

And if someone is rejected an EEA FP in past does it affect the new application? And does someone needs to send divorce papers as well in case he/she is divorced previously? Please give us your valuable suggestions. It will be a great help. thanks.

[raju4u]

One more question. Is health insurance necessary for the all the family? i am reading guidance and they require all sort of employment and funds evidences as well.

[rosebead]

Well, strictly speaking with regards to the quoted paragraph above, it's the EEA national who exercises Treaty rights and not the family member. It should probably read "As an EU citizen, I wish to exercise my right of free movement...". And yes it would be fine for your friend's wife to write that regardless of whether she has ever been to the UK before.

Some applicants submit divorce certificates and others don't. It's up to them really. Past refusals cannot be held against the applicant. Health insurance is never required for the period of initial residence, and after that period it is only needed in the case of EEA nationals exercising Treaty rights in certain categories. What's annoying about the form is that it over-complicates things, ask questions it shouldn't and doesn't outline what doesn't need to be filled in.

[raju4u]

Rosebed, thank you v much indeed. i think they are all good to go now. the application is filled up. and all the information has been provided, one cover letter from the EEA national and one from NON EU national will be attached. Please suggest if any other tips or supportive documents you suggest as the application will be submitted by end of this weekend. thanks again for the help. looking forward to your reply.

[rosebead]

Your friend has done more than enough. If the visa officer does his job properly, your friend should get his visa within a few weeks.