Residence card for NON-EEA FAMILY MEMBER

Jersey · Post by **Jersey** » Mon Mar 16, 2009 4:04 pm

Hi
I have a question and I hope you can answer. I'm Romanian who have Blue Card in the UK, and my wife would like to join me (she's non-EEA). Does she need to apply for a EEA family permit or for something else? Can she come as a tourist to the UK and apply while there for a RESIDENCE CARD, using form BR5 which can be found on UKBA website?

Thanks.

pdykid · Post by **pdykid** » Thu Mar 19, 2009 2:15 pm

Need to apply for Family permit (valid for 6 months and free).
You need to prove that you both legally married.
Then from UK can apply for Residence stamp.

Why tourist visa?
Tourist visa could affect Residence stamp processing.

Post by **Directive/2004/38/EC** » Thu Mar 19, 2009 4:37 pm

Jersey wrote:Hi
I have a question and I hope you can answer. I'm Romanian who have Blue Card in the UK, and my wife would like to join me (she's non-EEA). Does she need to apply for a EEA family permit or for something else? Can she come as a tourist to the UK and apply while there for a RESIDENCE CARD, using form BR5 which can be found on UKBA website?

She should get a EEA Family permit. It is free and can not be refused. A tourist visa is more difficult. How long have you been married?

ukfefe · Post by **ukfefe** » Sat Mar 21, 2009 7:49 pm

She should get a EEA Family permit. It is free and can not be refused. A tourist visa is more difficult. How long have you been married?[/quote]

Directive/2004/38/EC

My husband has been refused for an EEA FM. The officer said that his passport is not legit even with an Irish stamp4 bear on his passport. I don't know if I can sue them or not? Can my husband travel to the UK with an Irish 5 years green card (residency card) without the EEA FM?

thsths · Post by **thsths** » Sat Mar 21, 2009 10:26 pm

ukfefe wrote:The officer said that his passport is not legit even with an Irish stamp4 bear on his passport. I don't know if I can sue them or not?

What do they mean with that? There is no condition to stay legally where you apply for an EEA FP any more, although it would usually be expected.

Maybe the passport itself is questioned? There have been a few of these cases, and it is difficult to judge the merit without seeing the passport itself.

Post by **Directive/2004/38/EC** » Sun Mar 22, 2009 6:52 am

ukfefe wrote:My husband has been refused for an EEA FM. The officer said that his passport is not legit even with an Irish stamp4 bear on his passport.

What country is your husband from?

Were they questioning whether the passport was legitimately issued by your husband's country?

Did they keep your husband's passport or return it to him?

Finally, where were you applying for the EEA FP?

ukfefe · Post by **ukfefe** » Sun Mar 22, 2009 11:56 am

He is Vietnamese and his passport definately legitimate. When we apply we submitted the old and the new passport. His new one was issued in London by the Vietnamese Embassy and he entered Ireland on his old passport which expired and bearing the visa entry for Ireland.

They returned the passport to him and we applied in Dublin.

He got a refuse without an appeal the reason behind it is the officer's not convinced that my husband is who he said he is. What they are saying is that the Vietnamese government is a fraud and the Irish is stupid enough to beleive that the passport is legit and grant him a stamp 4FAM?

My solicitor in London said they are not granting him an appeal as they know that it's absurd and they will loose the case if it going to the appeal process.

Why can't the UK be like other country travel with the Residency card? At the end of the day we are trying to go through the correct way and get refused when other illegal immigrant get through the country and they are happy with it?

thsths · Post by **thsths** » Sun Mar 22, 2009 3:46 pm

ukfefe wrote:He got a refuse without an appeal the reason behind it is the officer's not convinced that my husband is who he said he is.

They are professionals - they may have their reasons. IÂ would at least take this question serious. Can you find out why they think this? Is it the passport itself, or something they have in the computer system?

That being said, you can fight for your right to appeal, or you always have to option of a judicial review. You can also contact SOLVIT (in your home country), or complain to the European commission.

At the end of the day we are trying to go through the correct way and get refused when other illegal immigrant get through the country and they are happy with it?

I don't get that either. The fight again illegal immigration seems to hit the legal immigrants first of all. I think this government is afraid of losing the next election (rightly so), and they will resort to any populist measure that seems like a good idea at a time.

Post by **Directive/2004/38/EC** » Sun Mar 22, 2009 5:47 pm

question for ukfefe

What is your citizenship?

What exactly were you applying for when you applied at the UK embassy? What exactly did they say in their response?

ukfefe · Post by **ukfefe** » Sun Mar 22, 2009 9:40 pm

[quote]They are professionals - they may have their reasons. IÂ would at least take this question serious. Can you find out why they think this? Is it the passport itself, or something they have in the computer system?[quote]

What are you saying is that the Irish cannot spot this?

[quote]At the end of the day we are trying to go through the correct way and get refused when other illegal immigrant get through the country and they are happy with it[quote]quote]
I don't get that either. The fight again illegal immigration seems to hit the legal immigrants first of all. I think this government is afraid of losing the next election (rightly so), and they will resort to any populist measure that seems like a good idea at a time.

What I mean when I am saying is that many people can walk to the UK via the channel tunnel without being check or by ferry from Belfast. How does that fighting with illegal entrance?

ukfefe · Post by **ukfefe** » Sun Mar 22, 2009 9:51 pm

Directive/2004/38/EC wrote:question for ukfefe

What is your citizenship?

What exactly were you applying for when you applied at the UK embassy? What exactly did they say in their response?

I am British and we applied for an EEA FM as I want us to come back to the UK where my family is.

On their response they said that " On the basis of the documents that you have provided I cannot satisfied that your current passport established your true identity and that you are related as claimed" We have submitted the whole long list of their required documents including our original marriage cert the only thing missing is his birth cert.

Post by **Directive/2004/38/EC** » Mon Mar 23, 2009 5:53 am

ukfefe,

What exactly did they say about right of appeal or your future options?

Have you contacted Solvit and what did they say?

Why do you think they have a problem with the passport? In what ways is it different than most vietnamese passports?

thsths · Post by **thsths** » Mon Mar 23, 2009 9:14 am

ukfefe wrote:What I mean when I am saying is that many people can walk to the UK via the channel tunnel without being check or by ferry from Belfast. How does that fighting with illegal entrance?

Not quite - there are border controls for the channel tunnel, and you cannot walk into the UKÂ from Belfast, because Belfast is in the UK. You can use the land boarder in Ireland of course, but that is not legal unless you have the correct visa.

Jersey · Post by **Jersey** » Mon Mar 23, 2009 10:46 am

pdykid wrote:Need to apply for Family permit (valid for 6 months and free).
You need to prove that you both legally married.
Then from UK can apply for Residence stamp.

Why tourist visa?
Tourist visa could affect Residence stamp processing.

Well ,on the Border Agency website , it doesn't say anything on the need to apply for EEA FAMILY PERMIT. Isn't it common to apply for it if you're a non-visa national?

How can tourist visa affect residence card? They can't separate families under EU law.

She should get a EEA Family permit. It is free and can not be refused. A tourist visa is more difficult. How long have you been married?

It can't be refused, however they ask really intrusive questions there which I'm not willing to answer, like financial status etc. which is none of their business. She doesn't need a tourist visa, she can just enter as a tourist. We have been married for 7 months and know each other for 5 years.

Post by **Directive/2004/38/EC** » Mon Mar 23, 2009 11:13 am

Jersey wrote:It can't be refused, however they ask really intrusive questions there which I'm not willing to answer, like financial status etc. which is none of their business. She doesn't need a tourist visa, she can just enter as a tourist. We have been married for 7 months and know each other for 5 years.

You do not need to answer all the questions on the form for the EEA family permit. You specifically do not need to answer questions about financial status, bank accounts, jobs etc, as none of them are relevant for a decision for the family member of an EEA citizen.

You may have to answer questions about crimes, especially war crimes and terrorism, because they can turn you down on these grounds.

They can only turn you down if:
(1) you are not you
(2) you are not the family member of an EU citizen
(3) national security grounds
(4) BIG public policy concerns
(5) you have a WHO listed contagious disease

If the question answers one of these, then they can ask it. If not, they can ask it but not require you to answer.

Jersey · Post by **Jersey** » Mon Mar 23, 2009 11:26 am

Thanks this is really helpful.

ukfefe · Post by **ukfefe** » Mon Mar 23, 2009 9:43 pm

Directive/2004/38/EC wrote:ukfefe,

What exactly did they say about right of appeal or your future options?

Have you contacted Solvit and what did they say?

Why do you think they have a problem with the passport? In what ways is it different than most vietnamese passports?

CEO not grant us an appeal. After a few letters from my solicitor CEO advice us to re-apply for the FM? which we did this time we also submitted my husband birth cert if they don't beleive us this time my solicitor advised us to travel to the UK and he will apply from the UK. If we granted the Visa in the UK then we can sue the one in Dublin for damaged

I did contact Solvit they said they cannot help

I don't know why they think the passport have a problem, we submitted both the old and the new one and the new one clearly stated that the it's replaced the old one due to the old one expired.

Post by **Directive/2004/38/EC** » Tue Mar 24, 2009 9:28 am

ukfefe wrote:CEO not grant us an appeal. After a few letters from my solicitor CEO advice us to re-apply for the FM?

Sorry to ask more questions, but what is CEO?
What is FM?

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