EEA FP from Delhi

Post by **EUsmileWEallsmile** » Sat Oct 15, 2011 11:40 pm

The email you had received was exactly the same as the one we got. It is polite and says nothing in particular, but is fundamentally wrong. You were not applying under the immigration rules; the BHC has no "discretion" as they put it nor is the processing time "at their discretion" either. The email might be applicable to their immigration rules, but not to EU family member's applications. This is really important; if they wish to challenge an individual claim, then they may do so if they have a basis; but they can't do this randomly. How many applicants would really know this?

They pride themselves on being able to issue visas promptly in urgent cases. Those that can afford a premium get priority also. EU applications are meant to get priority as a matter of course. Three weeks plus for an EEA family permit in India is common.

Now, you have got your permit and I wish you all the best. It is also important to celebrate that.

sweetypie1 · Post by **sweetypie1** » Tue Oct 18, 2011 9:21 am

Flights booked for 29th Oct. Cant wait.... after 9months

I have few more questions, now about EEA2 actually....
If anyone could help would be much appriciate....

Example.... when we will submit our application my husband will be unempoyed, after say 2weeks he will get the job (do we have to inform UKBA about it?) do they need his payslips or something like that?
If he will be unemployed do we need insurance for him?

Do we have to again submit letter which explain them what happened on Heathrow when he been sent back?

I have few points on my Polish Driving Licence from UK - speed limits (photos from camera) do I have to write about them? there is a question about criminal convicions 9include traffic offences). Is this counts?

Can we submit application in person? If yes how to make an appointment? Or do we HAVE to send it by post?

Thank you

Malwina xx

Post by **Jambo** » Tue Oct 18, 2011 10:18 am

sweetypie1 wrote:I have few more questions, now about EEA2 actually....
If anyone could help would be much appriciate....

I suggest your read the relevant pages in the UKBA website.

As for your questions:

Example.... when we will submit our application my husband will be unempoyed, after say 2weeks he will get the job (do we have to inform UKBA about it?) do they need his payslips or something like that?
If he will be unemployed do we need insurance for him?

It is the EEA national activities that matter. What your non-EEA husband is doing in not relevant. He doesn't need to inform the HO about employment and he can freely choose where and when to work.

How do you exercise treaty rights? Do you work? If you work, there is no need for insurance. If you are student or self-sufficient, then you will need insurance to cover both of you.

Do we have to again submit letter which explain them what happened on Heathrow when he been sent back?

No.

I have few points on my Polish Driving Licence from UK - speed limits (photos from camera) do I have to write about them? there is a question about criminal convicions 9include traffic offences). Is this counts?

You should disclose that if you are applying for EEA1. On the EEA2 form, the questions are about the applicant.

Can we submit application in person? If yes how to make an appointment? Or do we HAVE to send it by post?

EEA2 applications are postal only. They usually take 3-4 months but you can request your passports back and this doesn't affect the application.

Post by **Directive/2004/38/EC** » Tue Oct 18, 2011 10:58 am

If you have a Polish driver's license, you can just use that in the UK. No need to exchange it.

What your non-EU spouse does is not important. You do not need to include any information about the non-EU spouses work in the RC application. What matters is only what the EU citizen is doing. I have a couple of articles that you may find interesting to read:
http://eumovement.wordpress.com/2011/09 ... eed-to-do/
http://eumovement.wordpress.com/2011/09 ... eed-to-do/
and the more fun and general
http://eumovement.wordpress.com/2011/05 ... a-citizen/

sweetypie1 · Post by **sweetypie1** » Tue Oct 18, 2011 12:24 pm

Thank you all...

Will read it now

dradilmahmood · Post by **dradilmahmood** » Wed Oct 19, 2011 10:50 am

sweetypie

i have a question....actually we got married in March 2011 but we still didnt have our marriage certificate from French consulate in pakistan as they are asking for certificate of nationality...which my wife will be doing in couple of days...now i want to ask can we apply for FP on my marriage certificate from pakistan verified by Foreign Affairs of Pakistan??? or do we still need to have marriage certificate from french embassy to do it???

At this time i am in KSA n my wife will be joining me in 15days hopefully and we will apply from KSA for FP next year and we will travel to uk together but i want to know is marriage certificate from pak enuff to apply for FP???

Post by **Directive/2004/38/EC** » Wed Oct 19, 2011 10:56 am

dradilmahmood wrote:i have a question....actually we got married in March 2011 but we still didnt have our marriage certificate from French consulate in pakistan as they are asking for certificate of nationality...which my wife will be doing in couple of days...now i want to ask can we apply for FP on my marriage certificate from pakistan verified by Foreign Affairs of Pakistan??? or do we still need to have marriage certificate from french embassy to do it???

At this time i am in KSA n my wife will be joining me in 15days hopefully and we will apply from KSA for FP next year and we will travel to uk together but i want to know is marriage certificate from pak enuff to apply for FP???

Where were you married?
Are you applying for a UK issued EEA Family Permit?
Why do you think you need something certified by the French embassy?

dradilmahmood · Post by **dradilmahmood** » Wed Oct 19, 2011 1:14 pm

[quote="Directive/2004/38/EC"][quote="dradilmahmood"]i have a question....actually we got married in March 2011 but we still didnt have our marriage certificate from French consulate in pakistan as they are asking for certificate of nationality...which my wife will be doing in couple of days...now i want to ask can we apply for FP on my marriage certificate from pakistan verified by Foreign Affairs of Pakistan??? or do we still need to have marriage certificate from french embassy to do it???

At this time i am in KSA n my wife will be joining me in 15days hopefully and we will apply from KSA for FP next year and we will travel to uk together but i want to know is marriage certificate from pak enuff to apply for FP???[/quote]
Where were you married?
Are you applying for a UK issued EEA Family Permit?
Why do you think you need something certified by the French embassy?[/quote]

1)we were married in PAK
2)yes we want to apply for EEA FP for uk from KSA
3)because we have not declared our marriage in french embassy although we are in process of doing it...but it may take time...as my wife dont have Certificate of Nationality and she will be applying for it from Tribunal D'Instance of her birth place....so it may take some time n after that marriage decleration process will start....n i want to move to uk in next June....so i was thinking if they recognize the marriage certificate of PAK with attestation from foreign affairs would suffice? we also have 9months old son with us

she would be travelling with me for the 1st time to uk...i mean we both will travel together for the first time...n i wld apply for FP for 2months in application coz of the leave for 2months from my job

Post by **Directive/2004/38/EC** » Wed Oct 19, 2011 1:25 pm

I would suggest you apply for an EEA FP now. Apply with what you have. I doubt it will get rejected, but since nobody answers the phone to correctly answer questions, better to try now. If that works fine, then you can always apply later for the french business.

The only problem may be your june departure date. I think they tend to only want to issue them up to 6 months before travel.

I think it is best to have several original copies of your marriage certificate. If that is easy to do now, then I would do it. This means that if the French or British or anyone looses a copy, you have your original and a few more copies.

sweetypie1 · Post by **sweetypie1** » Wed Oct 19, 2011 2:15 pm

Hiya,

We got married in India and got our marriage certificate from there (groom and bride copy) - both of them in English. We got the stamp from FOreign Affairs in Delhi to confirm that document is genuine and this Certificate we submitted. Im planning to register our marriage in Poland in next few months. - so dont think its a problem.

Good luck

Malwina

dradilmahmood · Post by **dradilmahmood** » Wed Oct 19, 2011 3:02 pm

thnx sweetpie and directive

it gave me a big relief means i can also apply for EEA FP with this marriage certificate and i would also apply with that may be in march april

dradilmahmood · Post by **dradilmahmood** » Wed Oct 19, 2011 3:11 pm

and one more Q shld i apply for FP from KSA where i am working or back from PAK my home country???

as we can apply from anywhere....here in KSA it is possible i can have a letter from my employer that he is working with us and he will be on vacation from this date to this date....so its better i think if i apply from KSA???

bundle of thnx for replying everyone

Post by **Directive/2004/38/EC** » Wed Oct 19, 2011 6:12 pm

If you use "KSA" and do not explain what it means, then nobody will be able to help!

Post by **EUsmileWEallsmile** » Wed Oct 19, 2011 7:49 pm

KSA means Saudi, I believe.

An EEA family permit can be issued upto 3 months before its first use (ie it can be post-dated for upto three months). It would be valid for 6-months after its start date.

One of the things the UK does well is marriages contracted outside the UK are recognised pretty much automatically provided they are legal in the country where the marriage took place. Generally, they require the original marriage certificate and if it not in English, a certified translation. They publish guidance for those spouses who are applying under the immigration rules (ie those married to British citizens, etc). Check what they ask for country by country. If you are applying from the country that you married in they may not even require a translation (but this would cause you problems later on, so best to do it now). Generally, they don't require legalisation, etc (other EY countries do). For Pakistan, they have particular requirements for some religious marriages that they are registered with the appropriate authorities.

In case anyone misunderstands what I'm trying to say; the immigration rules themselves do not apply to EU applications, but if you submit documentation that would be accepted under the immigration rules, then no one can argue about that.

dradilmahmood · Post by **dradilmahmood** » Thu Oct 20, 2011 3:37 pm

[quote="EUsmileWEallsmile"]KSA means Saudi, I believe.

An EEA family permit can be issued upto 3 months before its first use (ie it can be post-dated for upto three months). It would be valid for 6-months after its start date.

One of the things the UK does well is marriages contracted outside the UK are recognised pretty much automatically provided they are legal in the country where the marriage took place. Generally, they require the original marriage certificate and if it not in English, a certified translation. They publish guidance for those spouses who are applying under the immigration rules (ie those married to British citizens, etc). Check what they ask for country by country. If you are applying from the country that you married in they may not even require a translation (but this would cause you problems later on, so best to do it now). Generally, they don't require legalisation, etc (other EY countries do). For Pakistan, they have particular requirements for some religious marriages that they are registered with the appropriate authorities.

In case anyone misunderstands what I'm trying to say; the immigration rules themselves do not apply to EU applications, but if you submit documentation that would be accepted under the immigration rules, then no one can argue about that.[/quote]

yes you are right, so what i will be doing is i will get the original nikah nama(a religious marriage certificate) and get it translated + both of the them i will get certify from foreign affairs in pakistan and another type of marriage certificate issued from the ministry of interior which is both in english and urdu and get it certified also from ministry of foreign affairs

so having both these certified i will definitely get the EEA FP

thnx for the reply

Post by **Directive/2004/38/EC** » Thu Oct 20, 2011 3:40 pm

dradilmahmood wrote:yes you are right, so what i will be doing is i will get the original nikah nama(a religious marriage certificate) and get it translated + both of the them i will get certify from foreign affairs in pakistan and another type of marriage certificate issued from the ministry of interior which is both in english and urdu and get it certified also from ministry of foreign affairs

so having both these certified i will definitely get the EEA FP

I am not exactly sure of the status of a religious marriage certificate. If the marriage was done in Pakistan and it the certificate accepted by the government of Pakistan as proof that you are married then you should (most likely) be fine.

No such thing as "definitely" in this life.

dradilmahmood · Post by **dradilmahmood** » Thu Oct 20, 2011 9:26 pm

sorry directive

you are right about this word of definite

but "hopefully" now it explain the situation better

hopefully i get the EEA FP

Post by **EUsmileWEallsmile** » Thu Oct 20, 2011 10:15 pm

Hi , have you looked at the UKBA advise regards marriage certificates in Pakistan? Links below:

http://www.ukba.homeoffice.gov.uk/sitec ... ikah-namas

http://www.ukba.homeoffice.gov.uk/count ... %20English

Post by **Directive/2004/38/EC** » Thu Oct 20, 2011 10:42 pm

18 October 2011

The UK Border Agency has today announced changes in the requirements for applicants submitting Nikah Namas from Pakistan. From 24 October onwards, applicants must submit Nikah Namas that have been registered and endorsed by the appropriate Union Council.

What is a Union Council?

Post by **EUsmileWEallsmile** » Fri Oct 21, 2011 6:47 pm

Hopefully someone from Pakistan can answer definitively, but I imagine that it's a way of having the Muslim marriage registered.

dradilmahmood · Post by **dradilmahmood** » Fri Oct 21, 2011 9:00 pm

union council is basically an office in the area where the record of

marriage
birth
death

of person is maintained by govt. for that particular area

that we have got stamped from there...infact i have been issued a computerized marriage certificate from them but i gave it to french embassy for marriage registration but its in my file with the consulate at french embassy...and now they are asking for certificate of nationality which again is a long process

so i think my wife should again be applying for the one from union council n get it certify from ministry of foreign affairs

+ the original marriage certificate and english translation will also be certified from foreign affairs in pakistan

hopefully that will solve the issue

thnx for help EU Smile and directive

Post by **EUsmileWEallsmile** » Fri Oct 21, 2011 10:42 pm

Modern life is bureaucratic. Hope it all works out for you.

sweetypie1 · Post by **sweetypie1** » Mon Nov 07, 2011 3:39 pm

Hello again,

Just to let you know my husband is here with me

thank you everyone.... Now our next step is EEA2. I thought it will be easy, but have a few question actually....
We planning to submit following documents:
Marriage certificate,
My employment contract,
Passports
Photographs....

As some of you know our case was little bit complicated, we have to submit also the letter from court (my husband)...

Now my question is do we have to submit like for EEA FP documents which prove our relationship? (pics, bank statment, our flat lease etc).

For EEA FP my husband also written a letter explaining what happened on Heathrow and why his Visa was cancelled, does he has to write similar for EEA2?

I also submit appl for EEA1 - for myself.... DOnt think I will need anything more than, my passport, employment contract and photographs?

Thank you for reply....

Malwina x

Post by **Directive/2004/38/EC** » Tue Nov 08, 2011 3:31 am

I would tend to favour a very minimal for a Residence Card application.

Like the EEA FP, two passports and a marriage certificate.
You also need to provide proof that you are working in the UK, such as a pay slip or letter from your employer.

I would personally think of no reason to send additional evidence. They have full access to both of your files...

The RC application is all about you, the EU citizen. They do not have much grounds to pay much of anything about your husband.

sweetypie1 · Post by **sweetypie1** » Tue Nov 08, 2011 2:17 pm

Directive/2004/38/EC We thought soo.... but we both thought its to simple to be truth haha (in our case

Thank you for reply... We will sent our applications this week... and stay patient as it will take time...
Will let you know about the progress...

Malwina x

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EEA FP from Delhi