Family Entry Clearance Immediate Help!

[Peter Kartalov]

Hello all,

I am Bulgarian married to Lithuanian (married in USA), and we lived together in the USA for 5 years. My wife and I came back to Bulgaria so I can apply for Family Entry Clearance for UK (vaf-1 form) on Oct 12, 2005. My application is under consideration due to the fact that we overstayed in the USA for 4 years. The ECO accused me of staying and working illegally in the USA, and said that this might PREVENT our chances to go to UK.

My questions are:
1. What are my chances to get the Family Permit for UK?
2. Would it help if my wife were already in England (even without a job for the moment)?
3. If I get a denial, what should we do next?

Thanks a lot in advance.

[John]

Using your numbering :-

1. Good
2. It might help if your wife was already in the UK and working, and as a national of an A8 country, registered under the Worker Registration Scheme.
3. If you get refused initially, suggest your wife goes to the UK first, gets a job and registration under the WRS, then you apply again.

In other words, if you do encounter a problem (and I am not saying that you necessarily will encounter a problem) get your wife to exercise her Community Rights under EU legislation, as interpreted by the UK (such as WRS), and then reapply. Unless exceptional circumstances apply (such as terrorist involvement and the like) there are rights given to third-country nationals who are family members of EU citizens.

Any reason why the application for EEA Family Permit was not made in the US? You not being "legal" there?