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EEA family permit - previously removed from UK

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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bennyfak
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EEA family permit - previously removed from UK

Post by bennyfak » Tue Apr 26, 2011 11:23 am

hi all, i was an overstayer in the uk for two years but i was arrested cos my ex lied against me that i wanted to rape her but when police examine the case they said its a lie and am free to go but i have some immigration problem which i know. i was detained in the immigration detension centre for three months but i told them i want to go home. i was removed from uk in june but i was lucky that my wife now came to meet me in my country and she is an eea national.we got married on august and i moved with her to her country that same year. we had our son in january this year but i want to apply for an eea family permit, i want to know what chances i have and will my immigration history has anytning to do with this application and i want to apply that me and my wife r going there visiting.i wasnt convicted and i have no criminal record wjile in uk . cheers

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

Post by Directive/2004/38/EC » Tue Apr 26, 2011 5:17 pm

The police really said your wife "lied"? I am surprised.

If you are planning to move back to the UK with your wife, then I doubt there would be a problem applying for a UK issued EEA FP. Once in the UK, she would need to work, and then you could apply for a Residence Card.

bennyfak
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Joined: Tue Apr 26, 2011 11:15 am

Post by bennyfak » Wed Apr 27, 2011 6:45 pm

Directive/2004/38/EC wrote:The police really said your wife "lied"? I am surprised.

If you are planning to move back to the UK with your wife, then I doubt there would be a problem applying for a UK issued EEA FP. Once in the UK, she would need to work, and then you could apply for a Residence Card.
thanks, the police actually said there is no evidence and i was allowed to go free without chrge thats what i mean.cheers

sjimoh112
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Joined: Tue Jan 18, 2011 1:12 am

Post by sjimoh112 » Thu Apr 28, 2011 8:00 pm

On this occasion over staying in your visa in UK hasn't got any bearing on your eea application when you apply to family permit or residence card.

I believe you and your wife don't have to have a job before you can apply for confirmation of residence as long as she's actively looking for job.
[Moderator Edit]

bennyfak
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still waiting

Post by bennyfak » Fri May 20, 2011 4:18 pm

i am still waiting to hear from the emabassy, its been more than a month now since i applied and still nothing has been heard i even wrote the embassy and i was told that due to the nature of my application that it has been escalated for further research.
applied 11 april.but i wanna know what they r really escalating or maybe they r sending it to uk and what research can they be doing ? or is there research on my wife bcos she was living in the uk before ?
i would appreciate if someone has any idea or related situation.
cheers

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

Post by Directive/2004/38/EC » Fri May 20, 2011 5:01 pm

They have most likely referred it to UKBA in London. I would contact Solvit if you have not heard from them by June 1.

Have they asked you for any additional documents or information or for an interview?

Are you planning to just make a short visit to the UK or to stay for longer?

bennyfak
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Post by bennyfak » Fri May 20, 2011 5:20 pm

yeah they didnt ask me for anythig and i even forgot to add my wife dirvoce cert i the application.i applied that am going for a short visit for two weeks.
but just wandering why its taking that long or maybe they are checking my wifes record in the uk.cheers

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

Post by Directive/2004/38/EC » Fri May 20, 2011 5:27 pm

bennyfak wrote:yeah they didnt ask me for anythig and i even forgot to add my wife dirvoce cert i the application.i applied that am going for a short visit for two weeks.
but just wandering why its taking that long or maybe they are checking my wifes record in the uk.cheers
I assume you will be traveling with your wife to the UK.

I am sure they would do basic checks on you and your wife.

The only real reason they could refuse you is if your marriage was only one of convenience (but you have a child, which certainly is not part of convenient), or on Public Policy grounds. Public Policy mostly has to do with serious previous criminal convictions, or possibly with previously lying to UKBA. (so for instance if you had previously entered the UK on another person's travel documents). What exactly is the boundary of Public Policy is unclear.

bennyfak
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Post by bennyfak » Mon May 23, 2011 3:36 pm

i called the embassy on friday and i was told it is still being processed, and Today i received an email from the embassy saying ..
We apologise for the delay in processing ur application and a decision will be made soon.
i really hope so.

bennyfak
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Post by bennyfak » Fri Jun 03, 2011 3:00 pm

hi all, i cant believe that its going to two months now and yet i havent got a reply from them.i just sent them an emial and told them that priority should be given to such application.
what could ever be the delay i know it should be sent to london but yet two months when am not applying for a resident card. its unfair i think
hopeful i will hear from them soon.

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

Post by Directive/2004/38/EC » Fri Jun 03, 2011 3:20 pm

You should contact Solvit: http://eumovement.wordpress.com/help-eu-solvit/
Do that now as they sometimes take a while to get involved.

bennyfak
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Post by bennyfak » Fri Jun 03, 2011 8:04 pm

thanks, how do i go about contacting them ? do i need to just send them an email or call cos this is totally new to me thanks so much for ue help.
cheers

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

Post by Directive/2004/38/EC » Fri Jun 03, 2011 8:05 pm

Click on the links!

bennyfak
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Post by bennyfak » Fri Jun 03, 2011 8:35 pm

yes i have opened it but should i just write in the space provided below because it says leave a reply. 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

Post by Directive/2004/38/EC » Fri Jun 03, 2011 8:48 pm


bennyfak
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Post by bennyfak » Tue Jun 07, 2011 10:49 am

hi all, i got a email from the consular that the visa has issued. i am so relieved and i was i will be getting it soon.
Thanks so much especially directive for your help and encouragement
i am so happy.
cheers

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

Post by Directive/2004/38/EC » Tue Jun 07, 2011 11:04 am

Great. Have a good move and settle in well and quickly at the other end!

bennyfak
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Finally...

Post by bennyfak » Thu Jun 09, 2011 6:28 pm

i ve got the visa and its been issued since on the 25 of may, imagine and no one contacted me not until i shouted out. Goodluck to as many persons that are waiting i am just preparing for the next level....eea2.
cheers

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