EEA Famil Permit- applied today 16.01.13

[Pablito]

Hey Everyone i will give all the details soon regarding our application and process. Hope this topic will be helpful to all those who want to apply and all senior members being so kind to help all of us.

[Pablito]

Hi Everyone again

An update
Today 18.01.13 Me and my Wife went to VFS Center for a scheduled appointment, initially my wife was advised that she should not apply for EEA Family Permit because she will be traveling with me and in this case she should apply for visitor visa, yeah i know level of incompetence is in this case high! My wife was to sign disclaimer that she was advised to apply for visitor visa, she refused it and application was accepted anyway. I am wondering here now what will happen once the application gets to embassy whether they will deal with it more professionally , let's hope for the best.

By the way regarding our application form:

We didn't give them any information regarding our financials. questions yes/no answered truthfully, but when requested for details we stated:"Not required for EEA Family Permit" also didn't give them my NIN, since i lived in UK prior to coming to The Philippines and now since almost 7months i am no longer living there.

My wife has immigration history in UK she was removed last year, for this reason we attached to our application a letter "certification" from local authority that we lived together at the same address since june last year. No other evidence was given. Here is the list of the documents we provided:

- photocopy of my eea national passport (certified) although I am not really sure certification was a must.

- declaration letter
- a letter from local authority
- NSO marriage certificate
- my wife's new and old passport since in the application form we answered that, my wife had passport in the last 10years and diverse immigration.

I also stated in the application form that photocopy of my passport contains visa stamps since my arrival it was more like a giving hint to them, that i am really physically here.

Finally regarding our intentions and questions about our visit we answered, that my wife non EEA national doesn't intend to work or live in UK, we provided them with intended stay of 3 months, i understand those answers are not binding and is all up to me husband what we gonna do in the future that i am eligible to change my mind once in UK same with my wife.

That's all i think, i will be glad to see your thoughts and comments here, i will update everybody as soon as i hear from them.

[Pablito]

Hi Guys

Its already been 12 days since i applied for FP and still no answer. Do you think if i don't get answer by the end of this week i could start complaining to the embassy? any suggestions please...?

[Graham Weifang]

Hi Pablito,

May be I missed what your nationality is (was) ?

Vette

[Pablito]

Hi Pablito,

May be I missed what your nationality is (was) ?

Vette

Graham I am Polish national, my wife is Filipino.

[EUsmileWEallsmile]

Hi Guys

Its already been 12 days since i applied for FP and still no answer. Do you think if i don't get answer by the end of this week i could start complaining to the embassy? any suggestions please...?

They do not consider time under three weeks to be outside their service standards. If that passes, yes, you can complain.

[Aine002]

Hi guys!
First of all i would like to thank to all of you, i got a lot of information on this forum regarding EEA Family Permit. I decided to share my experience also.

I'm polish, and my husband is Indian. We met i Cyprus and got married there. He got his 5 year resident permit, we stayed there for 4 years and now we moved to Poland.
Yesterday, 30/01/13 we applied in British Embassy in Warsaw for EEA Family Permit. These are documents we submitted together with our application:

- Printed online application
- Cyprus marriage certificate plus copy
- Polish marriage certificate, translation to English plus copy
- Copy of my passport, my husband 2 passports (one is expired), we also copied all the pages where was his previous visa's and stamps from airport.
- Copy of his resident card from Poland (He got it for 1.5 year)
- Big album with our photos
- Printouts of some photos with my family, and from our marriage
- Declaration letter that i will travel together with my husband to UK

After my husband submit all the documents, they ask him for my bank statement, and gave him e-mail to send it. So i did it to day.

On the online application, they ask what is purpose of our visit to UK, and we wrote truly that we want to move there to find job and settle down.
In question: do you intend to work in UK we also wrote that yes and in the explanation window we wrote that we will start searching job when we will arrive in UK.
This two points, and also this that we are both unemployed are worrying me. Is this could be case of refusal?

I would be thankful for any reply

[Pablito]

Hi guys!
First of all i would like to thank to all of you, i got a lot of information on this forum regarding EEA Family Permit. I decided to share my experience also.

I'm polish, and my husband is Indian. We met i Cyprus and got married there. He got his 5 year resident permit, we stayed there for 4 years and now we moved to Poland.
Yesterday, 30/01/13 we applied in British Embassy in Warsaw for EEA Family Permit. These are documents we submitted together with our application:

- Printed online application
- Cyprus marriage certificate plus copy
- Polish marriage certificate, translation to English plus copy
- Copy of my passport, my husband 2 passports (one is expired), we also copied all the pages where was his previous visa's and stamps from airport.
- Copy of his resident card from Poland (He got it for 1.5 year)
- Big album with our photos
- Printouts of some photos with my family, and from our marriage
- Declaration letter that i will travel together with my husband to UK

After my husband submit all the documents, they ask him for my bank statement, and gave him e-mail to send it. So i did it to day.

On the online application, they ask what is purpose of our visit to UK, and we wrote truly that we want to move there to find job and settle down.
In question: do you intend to work in UK we also wrote that yes and in the explanation window we wrote that we will start searching job when we will arrive in UK.
This two points, and also this that we are both unemployed are worrying me. Is this could be case of refusal?

I would be thankful for any reply

I am trying to get my head around all these things, it seems to me that if your application was lodged in Poland then it should be dealt with by people who are ECO of Polish nationality(I may be wrong here)meaning of what is that they should be more aware of EU Law than other for instance Asian countries, and yet they asked you for your bank statement which is no requirement in your case for FP.

From all those posts i read it is really hard to know what will be the outcome in any case, if they wish they may make it a case for approval or refusal perhaps depends what mood they are in.

If you are refused I think you have very good option to travel by coach to UK, and they can't stop you to enter UK, but probably you should have some preparation of what you will say at the border just to make sure you know your rights.

[Aine002]

Tank you Pablito.
Yes, the ECO was Polish national. When he asked my husband for my bank statement, my husband told him that is not required for this type of visa, but the ECO told, that is better to have it, and that he know's that this is not required. Ehh, i read so many posts in this forum, and all i see is confusion of people who are trying to get this visa. Like they can not make one specific rule for EU country's and make it easy for all of us!
I wish you good luck with your case, and update us about result.

And yes, if my husband will not get EEA Family permit we will fly without it and i will have all the pages from the law i can find, where it is clear that under EU regulations he have right to go with me to UK and stay for 3 months.

I also heard that Ryan airways stuff is well instructed about Europeans rules and it is easy to convince them to let you in the plane without visa, just with married certificate.
We shall see

[Pablito]

Tank you Pablito.
Yes, the ECO was Polish national. When he asked my husband for my bank statement, my husband told him that is not required for this type of visa, but the ECO told, that is better to have it, and that he know's that this is not required. Ehh, i read so many posts in this forum, and all i see is confusion of people who are trying to get this visa. Like they can not make one specific rule for EU country's and make it easy for all of us!
I wish you good luck with your case, and update us about result.

And yes, if my husband will not get EEA Family permit we will fly without it and i will have all the pages from the law i can find, where it is clear that under EU regulations he have right to go with me to UK and stay for 3 months.

I also heard that Ryan airways stuff is well instructed about Europeans rules and it is easy to convince them to let you in the plane without visa, just with married certificate.
We shall see

Well in this case it looks like ECO tried to be helpful to both of you, I don't often hear that ECO call and ask about additional documents, I feel positive about your case you may just get your visa soon please update also on your case. I am looking forward to hear some good news even if they are not about myself Good luck also Ainie

[Directive/2004/38/EC]

I personally think you should never provide extra documents that are not required. I have seen applications turned down because the extra documents confused the ECO who then refused the application based on the wrong law.

For a married couple (no UK citizen) living outside of the UK:
No photos, no bank statements, no indication of assets, no indication of jobs.

Exception: If a UK citizen has been working in another EU member state, then you do need to provide some evidence that they have been working.

If the ECO asks you for a bank statement, you should treat the request the same as if they had asked you for a list of sexual activity with your partner.

[Aine002]

I hope i didn't make a mistake giving them some extra documents. We will see, they told us that till 15 of February we will get answer

[ukforever]

I hope i didn't make a mistake giving them some extra documents. We will see, they told us that till 15 of February we will get answer

hi,
u weren't supposed to give them any other information ,like the bank statement,u should have said *it not required for family permit*.this way u will avoid any confusion with the ECO dealing with your case also,the fact that u are both unemployed doesn't matter really as u have a right as an EU citizen with your husband for an initial 3 month residency in another EU country under the free movement directives and they shouldnt ask u for anything else than your both passports and your marriage certificate,and u don't have to tell them your intentions too,u might go for holiday and then when u are there u can change your minds,so,it should be ok though,just play and tag along .u don't have to worry about it,you will get it for sure,i can't see why they would refuse...good luck .

[Aine002]

Thx ukforever. I will post update as soon as i will get answer form them

[icexxik]

Thx ukforever. I will post update as soon as i will get answer form them

Are you applying at Nicosia? UKBA in Nicosia have the fastest turnaround times as all applications are decided in Nicosia and are not sent to other UKBA centres.

It's taking long for you, but trust me, in other UKBA visa centres, you'd be waiting 3-4-5 months in case your spouse was removed from the UK before.

Good luck.

[Aine002]

No, we applied form Poland, Warsaw. They told us, that is gonna take up to 15 days. We was there 30 of January so till 15/02 I am expecting answer from them

[Pablito]

Hello Everyone

Today is 16th day that passes since the day of our application and no response. I have decided to send an email today to British embassies manager, and I received auto-generated response that they would come back to me with substantial response within 7 working days.

I don't see much point in contacting application center since they cannot provide any information in regards to progress of our application.

I would be very much grateful to those of you who would advise us what else we could do to make our complaint more effective, both with my wife we are already little depressed as we really wanted to leave the country by march, now we feel like probably Creator only knows how long we will be waiting for miracle to happen... still we are trying to be patient, but its those exceptional cases where people were waiting for more than 3 months that worry us.

Thanks in advance

[Aine002]

Hi everyone!
To day we got mail from English embassy to come and collect our passports. They suppose to call and interview us but nothing like this happen. No we have to wait for the documents to come, because we live very far from embassy we can't go in person. They will send everything by courier, so i hope we will get it fast. They didn't write what is the decision but i hope is positive

I feel really sorry for you Pablito, maybe you should try to contact some solicitor? Wish you good luck

[Pablito]

Hi everyone!
To day we got mail from English embassy to come and collect our passports. They suppose to call and interview us but nothing like this happen. No we have to wait for the documents to come, because we live very far from embassy we can't go in person. They will send everything by courier, so i hope we will get it fast. They didn't write what is the decision but i hope is positive

I feel really sorry for you Pablito, maybe you should try to contact some solicitor? Wish you good luck

Thanks Aine, I don't think solicitors are good advise they care much about getting much money for doing as much as i probably can do myself. I will be patient for now, I also decided that apart from email we will send them a letter on monday. Let's hope next week something's gonna change and we get some meaningful response from the embassy. Good luck for you and your husband!

[Aine002]

Hi everyone!
We got answer from embassy to day.

REFUSAL OF EEA FAMILY PERMIT

THE DECISION:
You have applied to travel to the UK with your EEA National wife, a Polish national who will be exercising her EEA Treaty Rights in the UK.

Home Office guidance in this case is clear:

EEA nationals are entitled to reside in the UK for an initial period of three months without needing to exercise a Treaty right. An EEA national who will be in the UK for more than three months will have right of residence for as long as they remain a qualified person.

A qualified person is an EEA national who is in the UK and exercising a Treaty right as any of the following:
Job-seeker - The EEA national must be able to show evidence that they are seeking employment and have a genuine chance of being engaged, for example, evidence of qualifications, registration with Job Center/recruitment agencies.

Your spouse is currently a job seeker in Poland (That what we stated in the online form). You have not provided any evidence that your spouse has a genuine chance of being engaged in the UK, e.g. previous employment, evidence of her Cv and qualifications, English language skills, UK job interview or evidence that she has investigated her job prospects in the UK. This list is not prescriptive. You have not provided any evidence of the current finances, savings, income and assets of your spouse. I am not satisfied therefore that your spouse qualifies as self-sufficient in the UK.

Whilst i note you state you intend to stay in UK for period of between 1-89 days, both you and your wife are unemployed in Poland. You appear to have no formal qualifications, assets or personal founds available to you. In light if this you have not demonstrate that you are both settled in Poland. This leads me to doubt that you will not stay longer than your stated visit in UK. Therefore I am satisfied that your genuine intention is to remain in UK for longer than the 89 days claimed. Therefore you need to meet the guidance above.

You have failed to provide evidence that your EEA national family member is a qualified person in accordance to Regulation 6 of the immigration Regulations 2006.

I therefore refuse your EEA family permit application because I am not satisfied that you meet all of the requirements of Regulation 12 of the immigration.

I honestly don't understand from where they took those all things! Where is written that i have to prove that I am qualified person, that we need bank statements, and have jobs and be settled in country where we apply
I don't know what to do now. Appeal or just take risk and fly without visa?

[Directive/2004/38/EC]

What are the initials of the ECO on the refusal?

[Aine002]

It has only this:
Entry Clearance Officer: NF

[Jambo]

Hi everyone!
We got answer from embassy to day.

REFUSAL OF EEA FAMILY PERMIT

THE DECISION:
You have applied to travel to the UK with your EEA National wife, a Polish national who will be exercising her EEA Treaty Rights in the UK.

Home Office guidance in this case is clear:

EEA nationals are entitled to reside in the UK for an initial period of three months without needing to exercise a Treaty right. An EEA national who will be in the UK for more than three months will have right of residence for as long as they remain a qualified person.

A qualified person is an EEA national who is in the UK and exercising a Treaty right as any of the following:
Job-seeker - The EEA national must be able to show evidence that they are seeking employment and have a genuine chance of being engaged, for example, evidence of qualifications, registration with Job Center/recruitment agencies.

Your spouse is currently a job seeker in Poland (That what we stated in the online form). You have not provided any evidence that your spouse has a genuine chance of being engaged in the UK, e.g. previous employment, evidence of her Cv and qualifications, English language skills, UK job interview or evidence that she has investigated her job prospects in the UK. This list is not prescriptive. You have not provided any evidence of the current finances, savings, income and assets of your spouse. I am not satisfied therefore that your spouse qualifies as self-sufficient in the UK.

Whilst i note you state you intend to stay in UK for period of between 1-89 days, both you and your wife are unemployed in Poland. You appear to have no formal qualifications, assets or personal founds available to you. In light if this you have not demonstrate that you are both settled in Poland. This leads me to doubt that you will not stay longer than your stated visit in UK. Therefore I am satisfied that your genuine intention is to remain in UK for longer than the 89 days claimed. Therefore you need to meet the guidance above.

You have failed to provide evidence that your EEA national family member is a qualified person in accordance to Regulation 6 of the immigration Regulations 2006.

I therefore refuse your EEA family permit application because I am not satisfied that you meet all of the requirements of Regulation 12 of the immigration.

I honestly don't understand from where they took those all things! Where is written that i have to prove that I am qualified person, that we need bank statements, and have jobs and be settled in country where we apply
I don't know what to do now. Appeal or just take risk and fly without visa?

It seems this is a similar case to donald_f's refusal. I suggest you read the whole thread (11 pages...). I don't want to discourage you but it took him 7 months to sort this out.

[Pablito]

Sorry to hear the news. Obviously if you can travel with your husband just do that, or if you have some time to fight back than also try that.

First if you appeal make sure to point it out to them that they deter your EEA spouse right to free movement as she cannot leave without you since this would break your family life( they should mention that in refusal letter why they think their refusal doesn't deter your right, obviously they are very cunning beasts)


Secondly,state that this is not requirement to provide any evidence for stay of up to 3 months and that in this time you are not required to prove anything, despite the fact that you mentioned you would like to stay and work in UK. Let them know that you are fully aware of your rights.

Make your case and also re-apply at the same time, It doesn't have to go on for so long as donald's application went, I don't think there is any rule for that, but of course it is possibility.

Wish you all the best Aine, I am still waiting for my decision....

[EUsmileWEallsmile]

Hi everyone!
We got answer from embassy to day.

REFUSAL OF EEA FAMILY PERMIT

THE DECISION:
You have applied to travel to the UK with your EEA National wife, a Polish national who will be exercising her EEA Treaty Rights in the UK.

Home Office guidance in this case is clear:

EEA nationals are entitled to reside in the UK for an initial period of three months without needing to exercise a Treaty right. An EEA national who will be in the UK for more than three months will have right of residence for as long as they remain a qualified person.

A qualified person is an EEA national who is in the UK and exercising a Treaty right as any of the following:
Job-seeker - The EEA national must be able to show evidence that they are seeking employment and have a genuine chance of being engaged, for example, evidence of qualifications, registration with Job Center/recruitment agencies.

Your spouse is currently a job seeker in Poland (That what we stated in the online form). You have not provided any evidence that your spouse has a genuine chance of being engaged in the UK, e.g. previous employment, evidence of her Cv and qualifications, English language skills, UK job interview or evidence that she has investigated her job prospects in the UK. This list is not prescriptive. You have not provided any evidence of the current finances, savings, income and assets of your spouse. I am not satisfied therefore that your spouse qualifies as self-sufficient in the UK.

Whilst i note you state you intend to stay in UK for period of between 1-89 days, both you and your wife are unemployed in Poland. You appear to have no formal qualifications, assets or personal founds available to you. In light if this you have not demonstrate that you are both settled in Poland. This leads me to doubt that you will not stay longer than your stated visit in UK. Therefore I am satisfied that your genuine intention is to remain in UK for longer than the 89 days claimed. Therefore you need to meet the guidance above.

You have failed to provide evidence that your EEA national family member is a qualified person in accordance to Regulation 6 of the immigration Regulations 2006.

I therefore refuse your EEA family permit application because I am not satisfied that you meet all of the requirements of Regulation 12 of the immigration.

I honestly don't understand from where they took those all things! Where is written that i have to prove that I am qualified person, that we need bank statements, and have jobs and be settled in country where we apply
:( I don't know what to do now. Appeal or just take risk and fly without visa?

Imagine the same scenario at a uk border. The above is totally without merit.