EEA Family Permit - why am I being asked to pay?

MelC · Post by **MelC** » Tue Mar 06, 2012 4:27 pm

Laura721 wrote:
Jambo wrote:Bump - just in case you missed my post as we did post at the same minute.
Thanks so much Jambo, just had a look at that link - wow things went smoothly for them. First thing I need is to find a lift to France - I am not too confident about going by bus or train as I know they ask for documents and would prefer not to have an argument with a guard/bus driver regarding this...thoughts?

sorry i missed this page!

laura it was very smooth for us, but I WAS armed and prepared for there being any problems, which i am happy to say there were not.

feel free to pm me and im happy to go through exactly what i did BEFORE i headed for calais, with a very nervous third country national hubby who kept saying "do not let this be the time i trust you and it goes wrong" lol

16 years and he still worries when i say, "IT WILL BE FINE, TRUST ME" LOL

Laura721 · Post by **Laura721** » Tue Mar 06, 2012 4:31 pm

Thanks Mel, will send u a pm

Post by **ca.funke** » Tue Mar 06, 2012 4:56 pm

Hi Laura721,

good luck in your endeavours! Whether it works out or not - please provide some feedback!

Rgds, Christian

Laura721 · Post by **Laura721** » Fri Mar 09, 2012 7:59 pm

Do they take a while to reply? Have sent them the msg u sent me, no reply surprise surprise!

Post by **EUsmileWEallsmile** » Fri Mar 09, 2012 8:18 pm

Lucapooka wrote:Yes, Spain (surprisingly) does not seem to offer a personal collection service unless in exceptional circumstances..

I think that if one made a fuss one could insist on collecting the documents from the VAC.

What one does not seem to be able to avoid is attending the VAC in person (for biometrics). Fine if you are in Madrid, otherwise a special trip has to be made.

I note that there are mobile biometric centres dotted around Europe (Lisbon, Amsterdam, etc). They appear to waive the "premium" fee of Eu150 when applying at a mobile centre including courier charges if one applies for a family permit.

https://www.visainfoservices.com/pages/ ... &origin=NL

https://www.visainfoservices.com/pages/ ... &origin=PT

Post by **ca.funke** » Sat Mar 10, 2012 6:09 pm

Laura721 wrote:Do they take a while to reply? Have sent them the msg u sent me, no reply surprise surprise!

yep.

After roughly 2 months (I´m not kidding) you will probably get a first reply. In this reply the Commission will tell you what they will make out of your email.

Options: Nothing OR "Something"

If the answer is "something" it may lead to an infringement case, which the EU will take against the country you complained about.

If the latter happens, I don´t know how long it takes. My first complaint is from 2008 (again, not kidding) and it´s ongoing

Laura721 · Post by **Laura721** » Mon Mar 12, 2012 10:38 am

Wow, that is crazy. Well, I will not expect a reply, the €14 euros I can do without but it is just the principle.

I wanted to go through the documents we are providing at the embassy at our appointment (I am the Brit exercising treaty rights in Spain, my husband is non EU)

Both of our passports (mine also has stamps from entering husband's country 6 times in 2008 and 2009)
My residence card (husband does not have one)
My work contract and payslips since September 2010 (to prove I am exercising treaty rights)
Marriage certificate
Town Hall registration certificates (for both of us, proving we have been living together prior to our marriage)

As our appointment is so soon after our marriage, do we need anything else? The cover letter will confirm we are travelling together and also explain a previous conviction and previous attempt at entering the UK illegally.

I do not know whether to send other evidence such as flight tickets/photos at this time, I know it is strongly advised on the forum that we should not but bearing in mind we are applying so soon after marriage I am worried they will refuse and to be honest we want to get to the UK as soon as possible. Why? We cannot afford to live in Spain any longer - every month is a struggle!

Post by **ca.funke** » Mon Mar 12, 2012 11:04 am

So you´re finally not planning to go without EEA-FP? (Can´t blame you)

Laura721 wrote:...a previous conviction and previous attempt at entering the UK illegally...

Were you already married (or having a recognised civil partnership in Spain) at that time?

Laura721 wrote:...so soon after marriage I am worried they will refuse and to be honest we want to get to the UK as soon as possible...

On the day any EU/EEA country deems you married, you are qualified to enter the UK with your husband. End-of-story. The length of your marriage doesn´t matter...

Your list of papers seems fine!

Laura721 · Post by **Laura721** » Mon Mar 12, 2012 11:09 am

No, we were not married at time of conviction (this was in 2002) or the time of attempted illegal entry (December 2008). But we did travel together when he attempted entry and was caught at airport in UK. I can honestly say this was pure desperation to be together after so long (I was halfway through uni degree at this stage). Why do u ask?

We are getting married on March 22nd and the big celebration is March 24th with both of our families and friends, and we did the application already because the waiting time was so long for the appointment, a legal advisor told me she had done this many times so it was not a problem. Anyway, it is done and we were fully honest on application. We make mistakes, I am not going to lie.

Laura721 · Post by **Laura721** » Mon Mar 12, 2012 12:14 pm

Any cases on here for family permit with British Embassy in Madrid? Just wondering if they are especially strict, or just any general feedback.

Laura721 · Post by **Laura721** » Fri Mar 30, 2012 12:18 pm

Here is (part of) the answer re the 14 euro payment

"We do not consider the postal fees related to the return of passport with the issued visa should be considered as visa fees and to be in violation of the Directive"

On another point, we have our appointment on Monday - I want to submit my actual passport with my husbands so they can see the original stamps of me travelling to my husband's country several times over the years. I do not have a certified copy of any of our documents so wanted to provide all original and a photo copy of each, is this possible??

Post by **EUsmileWEallsmile** » Fri Mar 30, 2012 3:56 pm

Laura721 wrote:Here is (part of) the answer re the 14 euro payment

"We do not consider the postal fees related to the return of passport with the issued visa should be considered as visa fees and to be in violation of the Directive"

On another point, we have our appointment on Monday - I want to submit my actual passport with my husbands so they can see the original stamps of me travelling to my husband's country several times over the years. I do not have a certified copy of any of our documents so wanted to provide all original and a photo copy of each, is this possible??

I'm not sure I fully understand what you've quoted. Why said that the 14 fee was not in violation, etc? Was it worldbridge or the consulate?

Mind you it would be worse if you lived far from Madrid and had to travel to get there.

Laura721 · Post by **Laura721** » Fri Mar 30, 2012 4:27 pm

Chiara Adamo - European Commision

Post by **EUsmileWEallsmile** » Fri Mar 30, 2012 7:52 pm

Interesting, but it doesn't make it right. The fee does not appear to be optional. It does not appear to be within the spirit of extending every facility, etc, etc.

If there was no mandatory biometric business and the whole thing was done by post, I would not have a problem with it.

Laura721 · Post by **Laura721** » Fri Mar 30, 2012 11:33 pm

On another point, we have our appointment on Monday - I want to submit my actual passport with my husbands so they can see the original stamps of me travelling to my husband's country several times over the years. I do not have a certified copy of any of our documents so wanted to provide all original and a photo copy of each, is this ok??

Post by **EUsmileWEallsmile** » Sat Mar 31, 2012 9:12 am

You may find that Worldbridge won't take your passport. They are an agency and these guys can really be a funny bunch at times. Anyway, bring a copy of it with the relevant stamps that you wish to highlight.

Post by **EUsmileWEallsmile** » Sat Mar 31, 2012 9:59 am

afterthought...and make a reference to those trips in your covering letter (the ones with your husband to his home country).

Laura721 · Post by **Laura721** » Sat Mar 31, 2012 2:25 pm

Yes, thanks - have done so. Will I be able to go in with my husband on Monday when he submits documents and biometrics?

Is the decision then made by someone in Madrid or elsewhere?

Post by **EUsmileWEallsmile** » Sat Mar 31, 2012 5:42 pm

Laura721 wrote:Yes, thanks - have done so. Will I be able to go in with my husband on Monday when he submits documents and biometrics?

Is the decision then made by someone in Madrid or elsewhere?

It depends on local policy. In India for example they don't let anyone other than the applicant in. Do you need to go in?

It is not really relevant where the decision is actually made. Don't worry about that, you should not be disadvantaged.

Laura721 · Post by **Laura721** » Sat Mar 31, 2012 6:07 pm

I would like to go in - simply because the embassy in Madrid is very complicated for some reason and as I have been there several times before for other documents I needed for our marriage - I would just feel more comfortable us going together.

Post by **EUsmileWEallsmile** » Sat Mar 31, 2012 6:27 pm

Be polite and keep smiling and you may persuade them to let you in. I had a look at their website, which does not say a lot.

What will happen is they will check that the documents submitted are in order, take your husbands photo and fingerprints and let him go. Nothing to it really.

Post by **EUsmileWEallsmile** » Sat Mar 31, 2012 6:28 pm

Don't know if you picked up my post earlier about mobile biometrics clinics. The 152.52 Eu fee is waived for EEA applications (includes the courier fee). You need to go to Lisbon for that though.

Post by **Directive/2004/38/EC** » Sun Apr 01, 2012 7:20 am

EUsmileWEallsmile wrote:Don't know if you picked up my post earlier about mobile biometrics clinics. The 152.52 Eu fee is waived for EEA applications (includes the courier fee). You need to go to Lisbon for that though.

I missed this. Do you have a link to this? Is this being waved also for the one which collects fingerprints in the Netherlands?

Post by **Directive/2004/38/EC** » Sun Apr 01, 2012 7:30 am

Considering that your husband has criminal convictions for drug offences (the conviction exists, whether it was "correct" or "wrong") and has tried to enter the UK illegally, you may have difficulties entering the UK.

I think you are wise to apply for an EEA FP in Spain, and to not try to enter the UK on the basis of MRAX from Calais.

Depending on how good your application is and on UKBA policy and their assessment of the application, it has a decent chance of being initially turned down. So do not expect to move in the next few weeks! You will have to have patience. Be very careful what you say in your application to make sure it is 100% true and is very clearly written.

I am unclear: Does your husband currently have a Spanish issued Residence Card. When was it applied for and when was it issued?

Post by **EUsmileWEallsmile** » Sun Apr 01, 2012 8:51 am

Directive/2004/38/EC wrote:
EUsmileWEallsmile wrote:Don't know if you picked up my post earlier about mobile biometrics clinics. The 152.52 Eu fee is waived for EEA applications (includes the courier fee). You need to go to Lisbon for that though.
I missed this. Do you have a link to this? Is this being waved also for the one which collects fingerprints in the Netherlands?

Yes. Let me find the link. It was in a rather obscure place if I remember.

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EEA Family Permit - why am I being asked to pay?