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

[EUsmileWEallsmile]

The link is here, the information was not on the border agency part, but on Worldbridge's site.

https://www.visainfoservices.com/pages/ ... vices_PAGE

Available in Amsterdam (from 15 August 2011)

Price: €147.56 (this price includes 19% tax)

This price consists of:
€110.67 service charge for the mobile biometric clinic
€36.89 for the mandatory standard courier return from UK Border Agency to applicant.

Note that this service is free for applicants who qualify for a European Economic Area Family Permit.

[EUsmileWEallsmile]

Same information for Lisbon

https://www.visainfoservices.com/pages/ ... vices_PAGE

Available in Lisbon (from 26 August 2011)

Price: €152.52 (this price includes 23% tax)

This price consists of:
€114.39 service charge for the mobile biometric clinic
€38.13 for the mandatory standard courier return from UK Border Agency to applicant Cost.

Please note that this service is free for applicants who qualify for a European Economic Area Family Permit.

[Laura721]

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?

He does not have a residence card. Since we were married on March 22 and even before this we have tried to get an appointment every day on the website from 8 am but there are never any appointments. Also, the residence card can take up to 1 year to obtain here.

[EUsmileWEallsmile]

According to Spanish law, it must be issued within three months (not six as per the directive). I don't have practical experience, but know what the law says.

I know you are desperate to get to the UK, but perhaps you should consider letting things settle down just a bit. You've just married, you are together, which is a huge plus.

Whatever you decide, best of luck.

[Laura721]

According to Spanish law, it must be issued within three months (not six as per the directive). I don't have practical experience, but know what the law says.

I know you are desperate to get to the UK, but perhaps you should consider letting things settle down just a bit. You've just married, you are together, which is a huge plus.

Whatever you decide, best of luck.

The residence card should be issued within 3 months but often is not and without an appointment there is no hope.

What is the difference between now and letting things settle down? His convictions won't go away - which I think is the biggest issue. I welcome opinions and advice, but am just wondering why you say that.

Unfortunately staying in Spain is not an option, I am slowly going further into debt living here, with expensive living costs, low income and a huge crisis, things are not looking good. We have been in Spain for almost 2 years, no matter the past I think we still have the right to be together in the UK.

[EUsmileWEallsmile]

An application very shortly after marriage rings alarm bells. If your husband had a Spanish residence permit, it would show that Spain does not consider him to a threat to public policy. That's it really.

Other than that, you are right that the other issues will have to be confronted sooner or later.

It sounds like your hands being forced though with debts, etc.

[Directive/2004/38/EC]

An application very shortly after marriage rings alarm bells. If your husband had a Spanish residence permit, it would show that Spain does not consider him to a threat to public policy. That's it really.

I agree 100%.

You got married about two weeks ago as I understand it. Realistically you will need to provide additional evidence that you have a long term ongoing relationship if you are to apply now.

No matter what, you are going to need to be patient and do not expect to be travelling any time soon.

[Laura721]

I actually just managed to get us an appointment for the Spanish residence permit. It is on October 10th. Thats the first available appointment which just seems so very unfair, considering in Valencia and Barcelona there are several appointments this week. But we are not registered there so cannot apply. So even though there are no jobs, my husband wouldn't be able to get one, we can't travel to his country to see family until they give us the card say January 2013? This seems crazy. Please can someone confirm.

RE family permit,

I think we have provided more than enough evidence that our relationship has been on going since 2008 though we know each other from 2001. Not sure what else I could provide.

[EUsmileWEallsmile]

I actually just managed to get us an appointment for the Spanish residence permit. It is on October 10th. Thats the first available appointment which just seems so very unfair, considering in Valencia and Barcelona there are several appointments this week. But we are not registered there so cannot apply. So even though there are no jobs, my husband wouldn't be able to get one, we can't travel to his country to see family until they give us the card say January 2013? This seems crazy. Please can someone confirm.

RE family permit,

I think we have provided more than enough evidence that our relationship has been on going since 2008 though we know each other from 2001. Not sure what else I could provide.

October 10th is ridiculous. That does warrant a complaint.

[Directive/2004/38/EC]

Complain to Solvit and complain to the European Commission.