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EEA family permit for UK from Germany

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

Amo2012
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Post by Amo2012 » Sun Apr 01, 2012 11:06 am

EUsmileWEallsmile wrote:
ultragujar wrote:
2-Planning to apply for EEAfp for UK on the bases of durable relationship of more than 2 years, please guide me for the application:

a)how much finance do i need to show for my partner and son? (none)

b)do i need to show the accommodation, if yes can i show hotel booking? (not required)

c)if we would be lucky to get EEAfp for UK, can we register our marriage in UK? (I have no idea)

d)do i have to show job offer letter from UK? (No)

e)what other docs are required? (For Singh case proof that exercised treaty rights in Germany, your German issued docs)

thanks
If you have a child and are together, I don't think people could argue too much that you are not in a durable relationship. You also live together and have residence documents to boot.
I've made some comments on your second point above.

thank you Sir, your reply took a lot of burden away from my head as i do not have much to show....but in the application form they are asking for a lot........

1-Shall i make a cover letter explaining that I will apply for my family for EEAfp on the bases of Durable Relationship.....what i need to know that, will the UKBA be concerned as to how my family got the residence card in Germany? do you think that the British and German authorities will co-ordinate with each other for this purpose...

2-also if we do get the EEAfp what shall be the procedure to apply for the residence card once we would be there

3-have you come across any such cases where people have not provided any finance, accommodation or job offer letter but still they managed to get the EEAfp under the Surinder Singh route

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sun Apr 01, 2012 11:18 am

ultragujar wrote:3-have you come across any such cases where people have not provided any finance, accommodation or job offer letter but still they managed to get the EEAfp under the Surinder Singh route
You are not required to provide ANY evidence of how much money you have, where you will live, or any job offer. I would urge you not to provide it even if you do have those. Do not even think about this.

Put another way: you can move back to the UK even if you have £1, a tent, and could never get a job again.

That you have a child together is very important evidence. It is very hard to say that a couple who has a child together is not in a long term relationship.

Where was your child born?

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Post by Amo2012 » Sun Apr 01, 2012 2:11 pm

Directive/2004/38/EC wrote:
ultragujar wrote:3-have you come across any such cases where people have not provided any finance, accommodation or job offer letter but still they managed to get the EEAfp under the Surinder Singh route
You are not required to provide ANY evidence of how much money you have, where you will live, or any job offer. I would urge you not to provide it even if you do have those. Do not even think about this.

Put another way: you can move back to the UK even if you have £1, a tent, and could never get a job again.

That you have a child together is very important evidence. It is very hard to say that a couple who has a child together is not in a long term relationship.

Where was your child born?

Wow....it seems that i should go straight away to apply as i am working in Germany for about 3 months......

I was going through this link:

http://eumovement.wordpress.com/2007/04 ... u-citizen/

as you scroll down towards the forum, in the case of (Jose On May 21, 2007) spanish husband and russian wife planning to go to UK.............according to them they were asked by British Consulate in Madrid for:

accommodation
finances
payslips etc.

please go through the link............. why is that so?

**My Child was born in Pakistan, before decree absolute was pronounced

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Post by EUsmileWEallsmile » Sun Apr 01, 2012 4:19 pm

ultragujar wrote:
as you scroll down towards the forum, in the case of (Jose On May 21, 2007)
2007 was an awful long time ago, I wouldn't worry too much about such cases now. A lot has happened since then.

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Post by EUsmileWEallsmile » Sun Apr 01, 2012 4:38 pm

ultragujar wrote:

thank you Sir, your reply took a lot of burden away from my head as i do not have much to show....but in the application form they are asking for a lot........

1-Shall i make a cover letter explaining that I will apply for my family for EEAfp on the bases of Durable Relationship.....what i need to know that, will the UKBA be concerned as to how my family got the residence card in Germany? do you think that the British and German authorities will co-ordinate with each other for this purpose... (Covering letter would be fine plus evidence that you and your wife are living together - German residence docs)

2-also if we do get the EEAfp what shall be the procedure to apply for the residence card once we would be there (I'd worry about the EEA FP first, get that and the RC will be easy).

3-have you come across any such cases where people have not provided any finance, accommodation or job offer letter but still they managed to get the EEAfp under the Surinder Singh route
(No, but I suspect none of them provide it as it is not required).

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Post by Directive/2004/38/EC » Sun Apr 01, 2012 10:00 pm

Just to verify: Who is the other parent of your child who was born in Pakistan: your present partner who you live with in Germany or your earlier partner who you are now divorced from?

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Post by Jambo » Sun Apr 01, 2012 11:36 pm

ultragujar wrote:2-Planning to apply for EEAfp for UK on the bases of durable relationship of more than 2 years, please guide me for the application
Would the HO accept a Surinder Singh application based on durable relationship? I believe the HO as reflected in the regulations only accepts direct family member, not OFM.

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Post by Amo2012 » Mon Apr 02, 2012 9:32 am

Directive/2004/38/EC wrote:Just to verify: Who is the other parent of your child who was born in Pakistan: your present partner who you live with in Germany or your earlier partner who you are now divorced from?
I have only one child from my existing partner, both of them are Pakistani Nationals, now living with me in Germany. But please remember that my son was born before decree absolute........does this matter to durable relationship somehow?

thanks

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Post by Amo2012 » Mon Apr 02, 2012 9:43 am

Jambo wrote:
ultragujar wrote:2-Planning to apply for EEAfp for UK on the bases of durable relationship of more than 2 years, please guide me for the application
Would the HO accept a Surinder Singh application based on durable relationship? I believe the HO as reflected in the regulations only accepts direct family member, not OFM.
I dont know if we could apply directly under Surinder Singh case or not....as i am not going to mention in my cover letter that i am applying under Singh case.............But i found the following information on UKBA site, please comment:

http://www.ukba.homeoffice.gov.uk/eucit ... ly-permit/#

*at the bottom click 'What is a family member', it says:

"If you and your partner are not married or in a civil partnership, you must be able to show that you are in a durable relationship with each other"


also the following link describes:

http://www.ukba.homeoffice.gov.uk/eucit ... documents/


If the EEA national is a British citizen, you must provide evidence that:

1- they have been working or are self-employed in another EEA member state; and
2- you have been living with them in the EEA state, if you are their spouse or civil partner.

about point 2, they did not mention unmarried partner....can a British bring his unmarried partner under EEAfp?
Last edited by Amo2012 on Mon Apr 02, 2012 9:44 am, edited 1 time in total.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Apr 02, 2012 9:44 am

ultragujar wrote:I have only one child from my existing partner, both of them are Pakistani Nationals, now living with me in Germany. But please remember that my son was born before decree absolute........does this matter to durable relationship somehow?
It does not matter when the child was born. Before or after divorce. But the child is, obviously, a very important part of your ongoing family relationship.

Have you explored options to get married in Germany or in Pakistan? Might be worth just getting that all resolved. It seems like eventually you will want to resolve things.

Out of curiosity, I started a different thread about your son's British citizenship. http://www.immigrationboards.com/viewto ... 239#618239 Please feel free to read it and comment if you want.

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Post by Amo2012 » Mon Apr 02, 2012 10:54 am

Directive/2004/38/EC wrote:
ultragujar wrote:I have only one child from my existing partner, both of them are Pakistani Nationals, now living with me in Germany. But please remember that my son was born before decree absolute........does this matter to durable relationship somehow?
It does not matter when the child was born. Before or after divorce. But the child is, obviously, a very important part of your ongoing family relationship.

Have you explored options to get married in Germany or in Pakistan? Might be worth just getting that all resolved. It seems like eventually you will want to resolve things.

Out of curiosity, I started a different thread about your son's British citizenship. http://www.immigrationboards.com/viewto ... 239#618239 Please feel free to read it and comment if you want.
many thanks for all your efforts...

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Post by Amo2012 » Thu Apr 05, 2012 8:46 pm

one important question as i was going through the following site:

www.legislation.gov.uk

Do we (in our particular case of Durable Relationship) fall under Regulation 8 of 2006 or Regulation 9 of 2006?

thanks

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Post by EUsmileWEallsmile » Thu Apr 05, 2012 9:01 pm

The regulations as written have a restrictive view on returning UK nationals (using Singh route).

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Post by MelC » Fri Apr 06, 2012 12:10 am

ultragujar wrote:
EUsmileWEallsmile wrote:
ultragujar wrote:
2-Planning to apply for EEAfp for UK on the bases of durable relationship of more than 2 years, please guide me for the application:

a)how much finance do i need to show for my partner and son? (none)

b)do i need to show the accommodation, if yes can i show hotel booking? (not required)

c)if we would be lucky to get EEAfp for UK, can we register our marriage in UK? (I have no idea)

d)do i have to show job offer letter from UK? (No)

e)what other docs are required? (For Singh case proof that exercised treaty rights in Germany, your German issued docs)

thanks
If you have a child and are together, I don't think people could argue too much that you are not in a durable relationship. You also live together and have residence documents to boot.
I've made some comments on your second point above.

thank you Sir, your reply took a lot of burden away from my head as i do not have much to show....but in the application form they are asking for a lot........

1-Shall i make a cover letter explaining that I will apply for my family for EEAfp on the bases of Durable Relationship.....what i need to know that, will the UKBA be concerned as to how my family got the residence card in Germany? do you think that the British and German authorities will co-ordinate with each other for this purpose...

2-also if we do get the EEAfp what shall be the procedure to apply for the residence card once we would be there

3-have you come across any such cases where people have not provided any finance, accommodation or job offer letter but still they managed to get the EEAfp under the Surinder Singh route


yes, ME!
my husbands RC had expired we did NOT apply for an EEA/fp, it asks for info over and above the legal requirement and i point blank refused to put my name to one!

we entered the UK under surinder Singh, my husbands passport stamp actually states "surinder singh".

we provided ONLY our passports, marriage certifcate his expired RC and what france passes as a registration certificate.

we travelled via CALAIS.

it appears more difficult via airports, HOWEVER you can use the RC to enter the UK, and then as you have said you want to deal with the marriage, and you really must do this ~ marry in the uk.
MelC

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Post by MelC » Fri Apr 06, 2012 12:16 am

Jambo wrote:
ultragujar wrote:2-Planning to apply for EEAfp for UK on the bases of durable relationship of more than 2 years, please guide me for the application
Would the HO accept a Surinder Singh application based on durable relationship? I believe the HO as reflected in the regulations only accepts direct family member, not OFM.
this is the point, that his wife isn't his wife she is an OFM in REALITY ~

and as such there is more scrutiny

but as she has the res card, use it? and marry once in the UK

it would take away the headache and legalise their situation

the UKBA would huff and puff a bit but not really much they could do?
MelC

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Post by Directive/2004/38/EC » Sat Apr 07, 2012 10:28 pm

MelC wrote:we entered the UK under surinder Singh, my husbands passport stamp actually states "surinder singh".
Was that hand written by the IO?

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Post by EUsmileWEallsmile » Sat Apr 07, 2012 10:47 pm

Directive/2004/38/EC wrote:
MelC wrote:we entered the UK under surinder Singh, my husbands passport stamp actually states "surinder singh".
Was that hand written by the IO?
If someone else's name were written on my passport by an IO, I would be tempted to sue.

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Post by Amo2012 » Wed Apr 18, 2012 7:30 pm

Hi all,
At last we have applied for EEA fp from Germany last week. As per UKBA site, normally they are taking 5 working days to make a decision on all EEA fp cases but in our case, it is 6th working day but we haven’t heard anything from UKBA yet...i would appreciate if anybody would like to share his/her experience relating to EEA fp timelines.

Thanks

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Post by Amo2012 » Wed Apr 18, 2012 7:31 pm

Another question if anybody would help me out....in case if I go on benefits here in Germany while the decision is still awaited, will it affect the case?

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Post by Directive/2004/38/EC » Thu Apr 19, 2012 12:19 am

ultragujar wrote:Another question if anybody would help me out....in case if I go on benefits here in Germany while the decision is still awaited, will it affect the case?
You could already have been on benefits in Germany for the past 20 years, and it would not have any bearing on your EEA FP application.

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Post by Amo2012 » Thu Apr 19, 2012 11:46 am

Directive/2004/38/EC wrote:
ultragujar wrote:Another question if anybody would help me out....in case if I go on benefits here in Germany while the decision is still awaited, will it affect the case?
You could already have been on benefits in Germany for the past 20 years, and it would not have any bearing on your EEA FP application.
1)if i apply for benefits in Germany, will it affect the procedure for getting the residence card in UK once we are there?

2)if we are granted EEAfp, how soon do we need to travel to UK and what would be the documents required to apply for the residence card in UK?

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Post by mEEA » Fri Apr 27, 2012 2:49 pm

Did you hear anything from the WorldBridge? I did not yet after 10 working days ...

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Post by Amo2012 » Fri Apr 27, 2012 7:11 pm

mEEA wrote:Did you hear anything from the WorldBridge? I did not yet after 10 working days ...
me neither...its been 13 working days till today but still the same status...'Arrived at the Visa Section'.....

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Post by Amo2012 » Wed May 02, 2012 6:03 pm

its been 15 days and we havent had any reply from the ukba for the EEA fp appliaction,,, i wonder whats taking them so long,,,,,(sigh)

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Post by Amo2012 » Thu Jun 28, 2012 4:13 pm

Hi,

At last we landed in uk, now m working in london since the last one month, i am really confused with the new rules that ukba is applying from the 9th of july, will there be any change in the residence card application, also what supporting documents will they require for the eea 2 application, just to remind u, i am a british citizen and my partner and son got eea fp from germany on the basis of durable relationship,,,,,plzzz helppp

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