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Family permit application doubt

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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 » Sun Jul 24, 2011 5:18 pm

What is the citizenship of your wife? Is she working?

jrge
Member
Posts: 204
Joined: Sun Apr 10, 2011 4:43 pm

Post by jrge » Sun Jul 24, 2011 6:21 pm

Directive/2004/38/EC wrote:What is the citizenship of your wife? Is she working?
She's Italian, and is working. Not full time.
Life is short, so let's get moving!
* Passport received: Family Permit approved AUG-22, 2011
* Landed in the UK: DEC-04TH-2011
* Received RC: MAR-21ST-2012
* Back to North-America Jul 2012

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Sun Jul 24, 2011 6:24 pm

jrge wrote:I might be over analyzing it, and please correct me if I'm wrong.
According to: EEA Family Permit (VAF5 Dec 2008) Form:
* Part 8.10.12.
* Part 11 ( Supporting documents checklist)
This form although intended for EEA applications asks way far than it is needed legally. Same goes for the documents list (although it states it is your choice which documents to submit). They are just reusing an application form used for a different immigration route and never adapted it properly (for example, in the documents list they ask for the appropriate fee although this is a free application....)

If your wife is working in the UK, then there is no need to answer any of the financial question at all. Section 5 completely is irrelevant as your employment and/or financial are not relevant. It's the EU national status that matters. You can just write "N/A. My wife is exercising her rights as a worker in the UK".
Same goes for the size of the house in the UK, your expenses and if you plan to work in the UK or not.

It is natural that people always prefer to answer every question on the form "just in case" but it is not legally necessary and a decision can be made without providing every detail of your life. All is needed is proof of your wife exercising treaty rights in the UK + marriage certificate.

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 » Sun Jul 24, 2011 6:39 pm

You do need to answer the questions about previous crimes, and crimes against humanity. You can, in theory, be refused if you are a national security risk, or a personal threat to big public policy. They can get away with those questions in order to assess...

But you do not need to answer any questions about your past or future work, or your or your wife's financial resources, or where she used to work.

All that matters is:
she is working (a pay slip!)
you are her spouse (marriage certificate!)
your passport!
her passport or ID card!

Read carefully: http://eumovement.wordpress.com/law-ecj ... ands-1991/

jrge
Member
Posts: 204
Joined: Sun Apr 10, 2011 4:43 pm

Post by jrge » Mon Jul 25, 2011 1:32 am

Directive/2004/38/EC wrote:You do need to answer the questions about previous crimes, and crimes against humanity. You can, in theory, be refused if you are a national security risk, or a personal threat to big public policy. They can get away with those questions in order to assess...
Understandable and standard in any immigration process. That's why biometrics are so important nowadays.
Directive/2004/38/EC wrote:But you do not need to answer any questions about your past or future work, or your or your wife's financial resources, or where she used to work.

All that matters is:
she is working (a pay slip!)
you are her spouse (marriage certificate!)
your passport!
her passport or ID card!
Well, once again I thank you for such a great info. I will apply as early as next week, and I will come back with the outcome.
Life is short, so let's get moving!
* Passport received: Family Permit approved AUG-22, 2011
* Landed in the UK: DEC-04TH-2011
* Received RC: MAR-21ST-2012
* Back to North-America Jul 2012

NasEEA2
Newly Registered
Posts: 7
Joined: Wed Jul 27, 2011 10:05 pm

UK citizen returning to the UK with Non-EEA unmarried partne

Post by NasEEA2 » Thu Jul 28, 2011 11:05 pm

Hi guys,
I am about to send my EEA2 to Liverpool, but have a few questions if any of you would be kind enough to answer or give me advice.

I have accumulated a large amount of documents for my application, but was wondering if I am about to send too much. I would certainly be intimidated if I received all my documents! Any hints from successful applicants?

Applying as unmarried partners, as long as we can show that we were in the same household, we do not need to show dependance. Is this correct?

My UK partner is returning to settle in the UK to study. He was exercising his Treaty rights working in France for 2 years. I guess I should just include the France part of his life in section 5 rather than his future studies in section 7, to highlight that he was exercising his rights before returning (I hope this is clear Confused ).

Finally, we have many photos which we could include. When we did the Family Permit in Paris, they took them but seemed to say they did not need them. Should we include them this time anyway? Trying to keep the documents we send to the right amount, not too many but not too little.

Thank you all for help.

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Re: UK citizen returning to the UK with Non-EEA unmarried pa

Post by 86ti » Fri Jul 29, 2011 7:22 am

NasEEA2 wrote:Hi guys
Please do not hijack other people's thread but open your own.

toabetterchange
Member
Posts: 145
Joined: Fri Jun 10, 2011 2:49 am
Location: UK

Post by toabetterchange » Wed Aug 03, 2011 10:28 am

Your visa will be despatched shortly. Passports can normally be collected from the Visa Application Centre after 3 days. Applicants in Australia and New Zealand should allow 3 days before tracking their documents via the local post. UKBA-Manila Visa Hub


Thanks Guys!!! This was in less then 1 week!!! :shock:

jrge
Member
Posts: 204
Joined: Sun Apr 10, 2011 4:43 pm

Post by jrge » Wed Aug 03, 2011 8:22 pm

toabetterchange wrote:Your visa will be despatched shortly. Passports can normally be collected from the Visa Application Centre after 3 days. Applicants in Australia and New Zealand should allow 3 days before tracking their documents via the local post. UKBA-Manila Visa Hub


Thanks Guys!!! This was in less then 1 week!!! :shock:
Congratulations...!

At the end, what supporting documents did you send?
Life is short, so let's get moving!
* Passport received: Family Permit approved AUG-22, 2011
* Landed in the UK: DEC-04TH-2011
* Received RC: MAR-21ST-2012
* Back to North-America Jul 2012

alekos
Member
Posts: 148
Joined: Sun Feb 13, 2011 4:14 pm
Location: London

Post by alekos » Wed Aug 03, 2011 8:26 pm

toabetterchange wrote:Your visa will be despatched shortly. Passports can normally be collected from the Visa Application Centre after 3 days. Applicants in Australia and New Zealand should allow 3 days before tracking their documents via the local post. UKBA-Manila Visa Hub


Thanks Guys!!! This was in less then 1 week!!! :shock:
Congratulations, hope you two settle in nicely.
Thank you everyone in this forum.

toabetterchange
Member
Posts: 145
Joined: Fri Jun 10, 2011 2:49 am
Location: UK

Post by toabetterchange » Wed Aug 03, 2011 11:04 pm

Thanks :)

I sent :

Relationship certificate

Bank Statements: just to show the day the account was opened, not the money

and 2 electricity bill with both names! the first and last one

and letter




:roll:

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