EEA2 Help

[yanh269]

Dear all,

I am about to submit my EEA2 application tomorrow. But I got hold back because of a phone call I made to enquire about whether I need to submit my comprehansive health insurance or not.

When I mentioned that I am working in London, and my husband who is a German national studies in Scotland. The immigration on the phone just told me it's quite suspicious that you are not living together which might influence your application. Me and my husband have been in a relationship for more than 3 years (studied in the same school for more than 2 years) but we didn't always live together because I have to work in London and he has to continue his study. Can I ask whether anyone who had the same situation or knows how to solve this can give me a heads up? I would be very very appreciated.

[mcovet]

Dear all,

I am about to submit my EEA2 application tomorrow. But I got hold back because of a phone call I made to enquire about whether I need to submit my comprehansive health insurance or not.

When I mentioned that I am working in London, and my husband who is a German national studies in Scotland. The immigration on the phone just told me it's quite suspicious that you are not living together which might influence your application. Me and my husband have been in a relationship for more than 3 years (studied in the same school for more than 2 years) but we didn't always live together because I have to work in London and he has to continue his study. Can I ask whether anyone who had the same situation or knows how to solve this can give me a heads up? I would be very very appreciated.

As long as your marriage is genuine, it's nobody's business if you "pee" in the same toilet (as Directive put it in another post).

The case called Diatta (don't know the citation) established that even if separated, a couple is regarded as married so you should not have any problems at all. You just give them the exact honest reason of your family life and why you are not living together (although you could be picky and refuse to respond to that question).

Nothing to worry about, they will process your application just like any other.

BUT do remember to submit an insurance certificate which covers YOU BOTH!!! not just your EEA national student. If you do not, you will not get your residence card as CSI (comprehensive sickness insurance) is a prerequisite for your wife to be exercising treaty rights!

[joshuaaubin]

To my understanding it will affect your application which later they will call it marriage of convinience, as a married couple you both suppose to live together at some stage, agree if he study in scotland when on holiday he suppose to come back home to his marital house as a married man same to people working far away from home both of you must have the same home at the end of the day. Even the immigration judge uses that to check on genuine marriage. A married couple must have a single home even if their activities have to make them apart for some while. Only seperated couple have different home. Try and arrange documents to prove you live together to make your case strong. Sometime HO even still say to couple living together as marriage of convinience, although the eu law say marriage certificate but HO will make it worse for you to know if it is not a sham to avoid that try and live together or let them know you both live together, he comes back home on holiday or weekends.

[Obie]

Joshua if your comments above is based on advice from past experience then i am content. However if it is based on legasition and requirements under community law, then i totally disagree. I believe mcovet contribution is the correct legal position. Yes living away from your spouse can raise suspicion but that on its own cannot merit refusal on grounds that the marriage is one of convenience.

[joshuaaubin]

Obie you are right but i am giving advice for an easy application. If HO follows law many application will not be refuse but they always seems to ignore the law refussing application and cousing unnessary delay in granting residence card like saying marriage is one if convinience when they are not. Even they still say marriage is convinience to people that already have another country residence card from experience from people that has already posted same before on this forum regarding their situation. If HO err to the EU Law many will be granted straight away not going through tribuner after tribuner. Definitely if she say they are not living together or HO visit the house and notice they are not living together they will refuse the application base on marriage of convinience. My advice is to give them what they want or you go through tribuner after tribuner to get what they should have give to you if they err to EU Law.

[joshuaaubin]

With my experience here with members that gave me the indept of EU Law and what i have also read, i went to my solocitor and i was quoting the Law to him regarding my right under EU Law, he responded back by saying, i know the Law you know the Law but the HO seems dont want to see it. So to avoid all this unnessary delays one have to just give them the bullshit they need or they will waist your time and put you in limbo for a long time you dont want which will later be granted at the court. They dont care but you the applicant care because you are the one looking it. That was just my advice to the OP which was at the look of things with this people HO. She made a call and that was their reponse, i think the Officer should have known the Law and not responsed back that way but they seems not to see it.

[yanh269]

Thank you so much for you reply guys. I am working on my comprehansive medical insurance now and can I ask whether there are any names that HO fabours.

I don't really know how to give a proof that we are living together as we are not. Can we provide our pics, holiday bookings and friend's reference letters as prove of genuine relationship.

Joshua, do you think I should get a solicitor in this case to aviod being rejected right away? I got hurt a lot when I heard from the rude officer that it's suspicioussss. But I guess that's what they do everyday

[Jambo]

How long have you been married? What is your current/previous immigration status? This is not relevant to an EEA application but can be used by the HO to assess your marriage (if you got married last week and were illegal in the UK or your visa was about to expire, this might look suspicious).
Although he studies in Scotland, does he stay in London for long weekends, during holidays? Maybe better to prepare some proof of co-habitation just in case they will reject the application (put him on the bills, have his bank statements sent to the London address etc).

Anyway, even if they reject the application, you can always appeal or re-submit. I would not involve a lawyer. If your marriage history is thin, I would just have your partner write a cover letter stating the facts and ensuring them this is a real marriage.

As for CSI, search the forum, there isn't any official guidelines from the HO but most people use WPA or Aviva I believe. Another option is for your partner to have EHIC card issued in Germany (European Health card).

[joshuaaubin]

The reply to your post have been very good by all members and jambo combined and said it all, to avoid those shits they give as excuse, make sure some of his bills are send to your address and you can add his name to your bills and not that i am telling you to do the wrong thing but it will help, do not tell them he live seperately from you in your application because what you provided is what they will use agaisnt you, you say were he live in scotland was just for school basis and that actual home is here in london. With bills to prove that and can also join his name in rent book this are what normal couple does together.

[yanh269]

Thank you very much for your answer Jambo. We have been married for more than one month. And since we got a negative answer on the phone, we decide to send the application after our honeymoon trip in early November, which will make our marriage life 2months. I am currently under PSW which will expire in early 2013.

The weird thing is I made the first enquiry with them one week ago and their answer was just giving explanation in the cover letter. My husband made another phone call just half an hour ago to get the clarification. Their answer was it depends on the individul immigration officer and his or her opinion. And she also suggests us to include as much information to prove our genuine relationship like hotel booking, pics and etc. It seems like our legal marriage in Germany doesn't have any impact. I am thinking getting some friends to write me the reference letters. So many more documents to prepare...And there is no standard and guarantee that we can get the visa although we are legally married.

About the comprehansive medical insurance, do u think it's better if I purchase one here in London which includes his name on it although he has one in the uni. He also has one in Germany but it is under his father. I think it might be better if he is bounded with me in that case. But it would cost me 53pounds more per month...

[yanh269]

The reply to your post have been very good by all members and jambo combined and said it all, to avoid those shits they give as excuse, make sure some of his bills are send to your address and you can add his name to your bills and not that i am telling you to do the wrong thing but it will help, do not tell them he live seperately from you in your application because what you provided is what they will use agaisnt you, you say were he live in scotland was just for school basis and that actual home is here in london. With bills to prove that and can also join his name in rent book this are what normal couple does together.

Thank you Joshua:) It helps. We decide to send our application next month. The thing is that I am paying inclusive rent hence there is no bill involved. He is also not in the tenacy agreement, which worries me a lot at the moment.

[Guerro]

The person who answered your call is in no position to make such a comment. The definition of marriage of convenience by ukba is as follows:
3.7 Core Criteria

The core criteria which must be considered when assessing a marriage as

one of convenience are:

3.71 Applications made Pre 1st February 2005 (introduction of COA)

- Illegal entrant or

- overstayer or

- failed asylum seeker or

- someone who has been refused leave to remain or

- the subject of a deportation order

and

- the application has followed quickly after the marriage, and

- there is no evidence of a previous relationship between the

applicants

3.72 Applications made Post 1st February cases

53

Page 54

- The validity of the Certificate of Approval is less than normal.

- The application follows quickly after the marriage; and

- There is no previous evidence of the relationship.

3.8 Additional criteria

The applicant has had an alternative application recently refused (even if the

application was in-time);

The applicant has had a previous record of attempts to gain entry or leave to

remain (this could include an asylum application);

Reason to question the plausibility of the marriage (e.g. considerable

difference in age or background of the couple, no common language);

There are clear and substantive reasons to doubt the validity of the

documentary evidence produced in support of the application;

The applicant and the EEA national should generally intend to live together in

the UK. This should be evidenced by a clear commitment from both parties

that they will do so following the outcome of the application.

The applicant has earlier claimed to be married to someone else (and has not

produced evidence of that marriage being dissolved);

A sum of money has been handed over in order for the marriage to be

contracted (with the exception of money given in the form of a dowry in the

cases of nationals of countries where the provision of a dowry is common

practice).

[joshuaaubin]

You can request at anytime a new agreement that will include your spouse name before sending the application it is inrelivant but it does help and make sure all document is translated to english. Get an insurance that covers both of you. Take care and God bless.

[mcovet]

You can request at anytime a new agreement that will include your spouse name before sending the application it is inrelivant but it does help and make sure all document is translated to english. Get an insurance that covers both of you. Take care and God bless.

This is not possible, you cannot simply "request a new agreement". The current tenancy needs to be brought to an end by both the tenant and landlord in a correct manner and then with the permission of the landlord, a new tenancy agreement may be entered into with the couple named as joint tenants.

WPA insurance is fine and compared to other providers is the cheapest and has been accepted by the UKBA before, as another user said.

It may be wise to simply wait a bit, open a bank account for your other half at the same address, wait for 2-3 months' bank statements and send the application this way. If you have any funds, I would apply on the basis of self-sufficiency, otherwise you'd have to provide details of studies in Scotland and that'd be obvious that you don't live together. So:
1) open a bank account for the same address;
2) try get the bills in joint names (phone line, sky etc)'
3) if you have enough money (£10k + preferably), apply as self-sufficient rather than student;
4) wait for 2-3 bank statements (you could even open a joint bank account);
5) apply once you have all the info and don't worry, by applying late you are not losing time towards your Permanent Residence (PR), the PR is acquired 5 years after your marriage and not when the actual residence card was issued!

This is my opinion on how you should proceed to avoid a delay and is in contrast to the first response above. Just to avoid the hassle, give the UKBA what they want to see, they don't seem to like/understand complicated cases (they struggle with straightforward ones at times).

[yanh269]

The person who answered your call is in no position to make such a comment. The definition of marriage of convenience by ukba is as follows:
3.7 Core Criteria

The core criteria which must be considered when assessing a marriage as

one of convenience are:

3.71 Applications made Pre 1st February 2005 (introduction of COA)

- Illegal entrant or

- overstayer or

- failed asylum seeker or

- someone who has been refused leave to remain or

- the subject of a deportation order

and

- the application has followed quickly after the marriage, and

- there is no evidence of a previous relationship between the

applicants

3.72 Applications made Post 1st February cases

53

Page 54

- The validity of the Certificate of Approval is less than normal.

- The application follows quickly after the marriage; and

- There is no previous evidence of the relationship.

3.8 Additional criteria

The applicant has had an alternative application recently refused (even if the

application was in-time);

The applicant has had a previous record of attempts to gain entry or leave to

remain (this could include an asylum application);

Reason to question the plausibility of the marriage (e.g. considerable

difference in age or background of the couple, no common language);

There are clear and substantive reasons to doubt the validity of the

documentary evidence produced in support of the application;

The applicant and the EEA national should generally intend to live together in

the UK. This should be evidenced by a clear commitment from both parties

that they will do so following the outcome of the application.

The applicant has earlier claimed to be married to someone else (and has not

produced evidence of that marriage being dissolved);

A sum of money has been handed over in order for the marriage to be

contracted (with the exception of money given in the form of a dowry in the

cases of nationals of countries where the provision of a dowry is common

practice).

That's very helpful thank you:)
It would be nice if HO strictly follow this.

[vndpag]

Dear all,

I am about to submit my EEA2 application tomorrow. But I got hold back because of a phone call I made to enquire about whether I need to submit my comprehansive health insurance or not.

When I mentioned that I am working in London, and my husband who is a German national studies in Scotland. The immigration on the phone just told me it's quite suspicious that you are not living together which might influence your application. Me and my husband have been in a relationship for more than 3 years (studied in the same school for more than 2 years) but we didn't always live together because I have to work in London and he has to continue his study. Can I ask whether anyone who had the same situation or knows how to solve this can give me a heads up? I would be very very appreciated.

Hi yanh269

EEA route simple but only need to be patient to get your RC, now days usally take 3 to 4 months looking at some cases in this fourm. As long your legally married and have all documents to proof your relationship you dont have to worry about living seperately just write covering letter with valid reasons about situation but do not forget to show evidence whatever you written in statement. GOOD LUCK

[yanh269]

Thank you Vndpag, I will be honest and provide them as much evidence as we can. I am thinking about getting a solicitor. Not sure whether it's worthy of it

[Guerro]

Thank you Vndpag, I will be honest and provide them as much evidence as we can. I am thinking about getting a solicitor. Not sure whether it's worthy of it

Your case is simple, hiring a solicitor is a waste of money

[yanh269]

Thank you Can I ask another question about insurance: my insurance broker suggest me the Aviva which works out at around 53pounds per month. The policy has a £500 outpatient limit & £200 excess. Is it enough for me to apply? or I need to upgrade the policy?

[Guerro]

Thank you Can I ask another question about insurance: my insurance broker suggest me the Aviva which works out at around 53pounds per month. The policy has a £500 outpatient limit & £200 excess. Is it enough for me to apply? or I need to upgrade the policy?

I have no clue about how the csi works as i've never been in such situation, wife has pr. Check with a guru for more info

[mimine30]

both parties need to be covered in the application eea2 under self suficent and if its 53 pounds a month each it is already too much ,applied for eea2 with a cover costing 26pounds a month 58 for both and they accepted it ,
but if you already apply its fine it cover you for more than you need , but you will have to think cost after,
good luck