UK National+Russian Wife with Czech EEA Residence Card, 2UK?

corum · Post by **corum** » Mon Feb 13, 2012 8:37 pm

Hello there,

I've been reading on the forum and it seems there is a lot of knowledgeable people here, I hope someone can please help me.

Here is the case:
I am British and moved to Czech Republic about a year ago. I have been working here the whole time.
I got Legally Married to my Russian wife here, and we had a baby boy - His UK passport application is going on at the moment, I expect no problems.
My wife was issued by the Czech Government, a five year residence card of an EU (me) family member. We have been living together the whole time.
I have now had an offer to transfer with my company to the UK, the start date is the 1st of April. I have nothing official yet as its still going through the HR departments.
I have hardly anything in savings, but the new job is well paid enough to support all three of us.

My understanding from what I've read here is this:
We should just be able under EU law to go to England because she has an EU residence card from Czech Republic, BUT, we can't because the UK is special. So we need to apply for one of these:
http://www.ukba.homeoffice.gov.uk/sitec ... s/vaf5.pdf

My questions please, are:
Have we found the correct form?
Do we apply at the British Embassy in Prague?
What do you think our chances are of getting one before 1st April?
How long does this usually take?
Is there anyway to speed things up or mark them urgent, can my employer intercede on my behalf? Can I talk to the embassy, as a Brit and ask them for any speeding up?
Do you think I should apply immediately on the strength of a couple of emails for the transfer, or wait for a proper official contract and or assistance from the relocation firm my company has hired.

Sorry for the lots of questions, I have had a good read of the forum already, but not sure about our particular situation, your time and help will be very appreciated, thanks.

fysicus · Post by **fysicus** » Mon Feb 13, 2012 8:53 pm

Yes, you found the correct form (VAF5) for an EEA Family Permit. Given your situation I don't see any reason for problems. I don't know the processing times of the UK embassy in Prague, but more than a month should be very unlikely.
Travelling without this EEA FP is also allowed by the law, and you will probably not have a problem at the UK border, but only with airline staff who might not allow boarding without a visa.

The reason why your wife wants to go to UK is actually irrelevant for such applications, and I don't see any need for your employer to do more than simply confirm that there is a job waiting for you in the UK (to prove that you will be exercising treaty rights in UK). The "few emails" are probably sufficient evidence already. I suppose it is your intention to travel together around 1 April; do mention that explicitly and very clearly.

The application is free of charge, so no need to wait. It's a straightforward process, so I wouldn't outsource it to anybody you don't know well. There are many examples of immigration lawyers screwing up simple applications under EU law, and I would also not expect too much experience from such relocation firms on the details of the EU free movement rights.

corum · Post by **corum** » Mon Feb 13, 2012 9:03 pm

Thanks for the reply fysicus, perhaps I will start to get things ready tomorrow and go to the Embassy, get it submitted now, as you suggested.

Post by **Jambo** » Mon Feb 13, 2012 9:30 pm

I suggest you have a read of this page in particular 2.14 (ignore the top paragraph in the page. It is just a wrong copy from somewhere else).

You should be aware that even though the EU route is the simplest and cheapest way to get back to the UK, it is not the shortest path for British citizenship (if this is on your wife plans). Under UK immigration spouse visa, your wife could apply for BC after 3 years (under current rules although there are talks about increasing that). Under EU route, this will take 5 years. The spouse visa however comes with a price tag (£500 pound I believe) and an English test requirement.

corum · Post by **corum** » Mon Feb 13, 2012 10:08 pm

@ Jambo

Top tip thanks, was not aware of that.

At the moment we just need to get in, ideally before the job starts, I don't want to be separated from my wife and Son if I can avoid it.

Thanks again for the info

corum · Post by **corum** » Wed Feb 15, 2012 6:18 pm

OK, we submitted the electronic application yesterday 14/02/2012 and the appointment at the embassy to provide the required documents is this Monday 20/02/2012.

We asked that it be treated as urgent because we do not want to break up the family with a 3 month old baby, and the start date of my job.

The CZ website says that 100% of cases are dealt with within 10 working days, so, fingers crossed. I will post again here to let everyone know how it went, how long, and any useful advice or problems we had.

Thanks for the help so far guys!

newbieholland · Post by **newbieholland** » Wed Feb 15, 2012 10:09 pm

corum wrote: I will post again here to let everyone know how it went, how long, and any useful advice or problems we had.

Please keep us posted!

Post by **EUsmileWEallsmile** » Thu Feb 16, 2012 11:15 pm

corum wrote:OK, we submitted the electronic application yesterday 14/02/2012 and the appointment at the embassy to provide the required documents is this Monday 20/02/2012.

We asked that it be treated as urgent because we do not want to break up the family with a 3 month old baby, and the start date of my job.

The CZ website says that 100% of cases are dealt with within 10 working days, so, fingers crossed. I will post again here to let everyone know how it went, how long, and any useful advice or problems we had.

Thanks for the help so far guys!

Application made 14/2. They have three weeks before it becomes overdue.

As soon as possible on the basis of an accelerated procedure. Don't be afraid to remind them.

corum · Post by **corum** » Tue Mar 06, 2012 6:58 am

It Arrived Yesterday.

My Wife got a call from the Embassy to say that her passport had come back, she asked if the permit had been approved, they said they did not know as it was in an envelope, and to come collect it anytime from 12-4.

She arrived at 1 and found the embassy shut from 12-2

At 2 she went back and was handed her passport without an envelope.

Inside the passport was the permit.

So it was submitted on the 14th, the supporting docs handed in on the 20th and we got it back on the 5th - not bad.

Thanks to everyone here for their help and advice.

daddy · Post by **daddy** » Thu Mar 08, 2012 1:40 am

Pls could you tell us the supporting documents that you submited for your wife's family permit. Thanks.
Daddy.

corum · Post by **corum** » Thu Mar 08, 2012 8:27 am

Hi Daddy - for sure:

We submitted (everything below we took the original and a copy, showed the original and submitted the copy - they return nothing to you):

My Passport, and my czech temporary residency card
My Wife's Passport, my wife's 5 year Czech visa as an EU family member
A receipt of posting for our son's UK passport application to Dusseldorf
Our Czech Marriage Certificate with attached official translation to English
Our Son's Czech Birth Certificate with attached official translation to English
A signed letter from me stating that I would accompany my wife when we travelled into the UK.
A signed letter from me explaining the situation and asking for priority.
About 1cm thick of emails from my intended manager in the UK about my new job there, a print of the outlook meeting invite for the interview (but no contract as i don't have one yet).
Four a4 pages of photo's of myself and my wife together with captions (i.e. before we married, wedding day, honeymoon in Russia, hospital - son being born etc,)
A copy of our tenancy agreement for our house in CZ, proving that we had been co-habiting in an EU member state.
A copy of my employment contract proving I had been earning money in EU member state.
Copies of every single payslip from my work here (as above).

I think that was it, from what I've read that was way too much, but also I've read stuff where the place that issues them says more stuff makes it quicker because its more obvious its a genuine application.

sierra · Post by **sierra** » Thu Mar 08, 2012 3:33 pm

hi congratulations and will ypu please let us know
how did you submit application and any personal interview were called or every thing just paper based.

2 was your spouse called for biometric etc .

or you just sumbitted the application by post and got the permit by post without spouse interview etc thanks

corum · Post by **corum** » Thu Mar 08, 2012 3:45 pm

Hi Serra,

I think it varies by country. But we submitted an electronic form, then went to the embassy next week. Only she was required to go, but I went with her and we took the baby as well.

They took Biometrics from her. We had no interview regarding legitimacy of the marriage - it is my understanding with EEA if you have a child together they are not able to investigate for sham marriages.

jca142 · Post by **jca142** » Thu Mar 15, 2012 8:26 pm

Hi,
I am in a very similar situation as yourself! Other than that I am married to a Ukrainian, also one year old son, Uk passport, will also transfer to the UK at some point.
My question is about CSI (Comprehensive sickness insurance) Did you need this as well for your wife, or do you need it?

We also have my mother in law living with us, she holds a Belgian residence card, like my wife, we also want to take her with us, so we need to apply for a EEA FP for her but do we need sickness insurance as well for her??? ANy advice would be welcome!

Thanks

fysicus · Post by **fysicus** » Thu Mar 15, 2012 9:22 pm

@jca142: I suppose you are living in Belgium and both your wife and your mother-in-law have now a Belgian residence card under the EU directive?

Whether or not you need CSI when returning to UK depends on the way in which you are exercising treaty rights. If you are in employment (part-time or full-time doesn't matter) or self-employed, you do not need CSI. Because you pay NI, you are entitled to NHS care and the same holds for all your dependent family members. If you are a student or self-sufficient you need CSI, but even then as a British Citizen you may be exempt from this requirement (I'm not sure because it is not relevant for my own situation).

Post by **EUsmileWEallsmile** » Thu Mar 15, 2012 9:25 pm

jca142 wrote:Hi,
I am in a very similar situation as yourself! Other than that I am married to a Ukrainian, also one year old son, Uk passport, will also transfer to the UK at some point.
My question is about CSI (Comprehensive sickness insurance) Did you need this as well for your wife, or do you need it?

We also have my mother in law living with us, she holds a Belgian residence card, like my wife, we also want to take her with us, so we need to apply for a EEA FP for her but do we need sickness insurance as well for her??? ANy advice would be welcome!

Thanks

Please continue in your other thread.
http://www.immigrationboards.com/viewtopic.php?t=98197

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UK National+Russian Wife with Czech EEA Residence Card, 2UK?

UK National+Russian Wife with Czech EEA Residence Card, 2UK?

supporting documents