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Family permit application doubt

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

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Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sat Jul 23, 2011 12:30 am

toabetterchange wrote:I have had sent the documents to the wrong place here in Canberra,Australia, they called my partner saying that they dont do the visas application there anymore! :( so now waiting for our documents to send to Manila
UKBA seems to pretty clearly say Sydney is the place to apply for visas. Who told you Manila, and what exactly did they say?

toabetterchange
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Post by toabetterchange » Sat Jul 23, 2011 12:58 am

Directive/2004/38/EC wrote:
toabetterchange wrote:I have had sent the documents to the wrong place here in Canberra,Australia, they called my partner saying that they dont do the visas application there anymore! :( so now waiting for our documents to send to Manila
UKBA seems to pretty clearly say Sydney is the place to apply for visas. Who told you Manila, and what exactly did they say?
http://www.ukvisas.gov.uk/en/howtoapply/processingtimes

Customers have to send their documents to a GPO Box in Sydney. Documents are then forwarded to our East Asia processing hub in Manila.The processing times below relate to the time after the application arrives in Manila and assume that the customer has completed the biometric enrolment process before sending the application.Customers can make an appointment for biometric enrolment at the British Consulate Generals in Sydney, Perth, Melbourne, and Canberra.The transit time to and from the GPO Box in Sydney to Manila is up to 3 days each way.

Now Iam waiting some days they return the documents from Canberra where I thought it was the correct place and have the biometrics. I didnt read correctly

http://ukinaustralia.fco.gov.uk/en/news ... =552695382

:(

toabetterchange
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Enough Evidence ?

Post by toabetterchange » Sat Jul 23, 2011 2:02 am

Could you please advise if these documents are enough for evidence of realtionship or what else to add?

Legal Certificate of Relationship(1 week ago)

Joint bank account (since november 2009)

Correspondence in the same address (september 2009), partners correspondence (august 2009)

Joint electricity bills (since november 2009)

Joint travel (july 2010)

Photos

Post cards from friends and letters?

Im trying to find my tax return document from last year where the name of my partner was.


Thanks....

Directive/2004/38/EC
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Re: Enough Evidence ?

Post by Directive/2004/38/EC » Sat Jul 23, 2011 12:09 pm

Way over the top. You are effectively married. You need to submit the certificate and get on with life.

If you really want to, then send the electricity bills or the bank account.
toabetterchange wrote:Could you please advise if these documents are enough for evidence of realtionship or what else to add?

Legal Certificate of Relationship(1 week ago)

Joint bank account (since november 2009)

Correspondence in the same address (september 2009), partners correspondence (august 2009)

Joint electricity bills (since november 2009)

Joint travel (july 2010)

Photos

Post cards from friends and letters?

Im trying to find my tax return document from last year where the name of my partner was.

Thanks....

toabetterchange
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Posts: 145
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Location: UK

Re: Enough Evidence ?

Post by toabetterchange » Sat Jul 23, 2011 12:28 pm

Directive/2004/38/EC wrote:Way over the top. You are effectively married. You need to submit the certificate and get on with life.

If you really want to, then send the electricity bills or the bank account.
toabetterchange wrote:Could you please advise if these documents are enough for evidence of realtionship or what else to add?

Legal Certificate of Relationship(1 week ago)

Joint bank account (since november 2009)

Correspondence in the same address (september 2009), partners correspondence (august 2009)

Joint electricity bills (since november 2009)

Joint travel (july 2010)

Photos

Post cards from friends and letters?

Im trying to find my tax return document from last year where the name of my partner was.

Thanks....
You sound like the Registar "You are effectively married" :mrgreen:

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sat Jul 23, 2011 12:33 pm

Well, for the purpose of the law in most countries, you are!

I would never submit my bank accounts for my wife's visa application (to another EU member state). Nor details of what emails we have written to each other. I would give them two passports, a marriage certificate, and a cover letter mentioning EU free movement law and that we plan to travel together.

toabetterchange
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Post by toabetterchange » Sat Jul 23, 2011 12:42 pm

Well, when your marriage/realtionship certificate has been issued 1 week ago you need to send enough, I am worried cos not sure if recognized and so recent. Anyway they can come here and check. :roll:

Jambo
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Post by Jambo » Sat Jul 23, 2011 12:58 pm

Instead of providing a heavy load of joint paperwork, I would just have your EU partner write a paragraph in the cover letter confirming your relationship for the past x years, stating how long you are living together, have joint bank account etc. His statement + the certificate should be enough to prove your relationship. If they want, they could ask for extra evidence but I doubt they will.

Also, some times providing too much evidence is not helpful as they can cherry pick the one they don't like. I remember a post that the application was rejected as in the wedding photos only family member of the non-EU national were present....

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sat Jul 23, 2011 1:03 pm

toabetterchange wrote:Well, when your marriage/realtionship certificate has been issued 1 week ago you need to send enough, I am worried cos not sure if recognized and so recent. Anyway they can come here and check. :roll:
I understand your concern. But in general, when you are married or civil-partnershiped and when entering under EU law, they can not have a broad requirement that, e.g., "all applicants who have been married for less than 17 days have to provide extensive proof of the ongoing nature of the relationship". Instead it is "Certificate please", "OK, thank you", with further followup allowed where they have case specific reason to believe this is a marriage of convenience.

toabetterchange
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Post by toabetterchange » Sat Jul 23, 2011 1:14 pm

Jambo wrote:Instead of providing a heavy load of joint paperwork, I would just have your EU partner write a paragraph in the cover letter confirming your relationship for the past x years, stating how long you are living together, have joint bank account etc. His statement + the certificate should be enough to prove your relationship. If they want, they could ask for extra evidence but I doubt they will.

Also, some times providing too much evidence is not helpful as they can cherry pick the one they don't like. I remember a post that the application was rejected as in the wedding photos only family member of the non-EU national were present....
What do you mean"only family member of the non-EU national were present...."?

In our photos there is only my partner and me. Would you send photos? :?

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Post by Jambo » Sat Jul 23, 2011 1:20 pm

toabetterchange wrote:[
What do you mean"only family member of the non-EU national were present...."?

In our photos there is only my partner and me. Would you send photos? :?
I would not send photos. A certificate + a cover letter should be enough.

In the case I mentioned, they ECO claimed that this is a sham marriage as he would have expected to see family members from both sides in the wedding pictures but only the non-EU family was shown. This is just an example that if you provide loads of unnecessary evidence, they might use one of them against you. Better to make it plain and simple.

toabetterchange
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Post by toabetterchange » Sat Jul 23, 2011 1:25 pm

Jambo wrote:
toabetterchange wrote:[
What do you mean"only family member of the non-EU national were present...."?

In our photos there is only my partner and me. Would you send photos? :?
I would not send photos. A certificate + a cover letter should be enough.

In the case I mentioned, they ECO claimed that this is a sham marriage as he would have expected to see family members from both sides in the wedding pictures but only the non-EU family was shown. This is just an example that if you provide loads of unnecessary evidence, they might use one of them against you. Better to make it plain and simple.
Oh no, I was happy to send them our photos but you made me worried.

I though they would need to see photos. But they expect us to be always with people? , Other thing we dont have our family here nor our registered relationship didnt have ceremony. :?


Evidence of previous relationship
In all cases, in order to refuse on the basis of a marriage of convenience, an ECO 
must be satisfied that there is little or no evidence of a relationship between the
applicant and the EEA national.  An applicant might provide email exchanges, 
letters, joint bank accounts, photographs etc. to show evidence of their relationship

jrge
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Post by jrge » Sat Jul 23, 2011 1:45 pm

Directive/2004/38/EC wrote:Well, for the purpose of the law in most countries, you are!

I would never submit my bank accounts for my wife's visa application (to another EU member state). Nor details of what emails we have written to each other. I would give them two passports, a marriage certificate, and a cover letter mentioning EU free movement law and that we plan to travel together.
I must agree with ya 100% on this part. I am yet to summit my application here in New York, but am very reluctant to send our bank statements. I feel that it is very intrusive.

Any other advise in how to get around this?

Thanks!.
Life is short, so let's get moving!
* Passport received: Family Permit approved AUG-22, 2011
* Landed in the UK: DEC-04TH-2011
* Received RC: MAR-21ST-2012
* Back to North-America Jul 2012

toabetterchange
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Post by toabetterchange » Sat Jul 23, 2011 1:51 pm

jrge wrote:
Directive/2004/38/EC wrote:Well, for the purpose of the law in most countries, you are!

I would never submit my bank accounts for my wife's visa application (to another EU member state). Nor details of what emails we have written to each other. I would give them two passports, a marriage certificate, and a cover letter mentioning EU free movement law and that we plan to travel together.
I must agree with ya 100% on this part. I am yet to summit my application here in New York, but am very reluctant to send our bank statements. I feel that it is very intrusive.

Any other advise in how to get around this?

Thanks!.
Instead of bank statements , a balance certificate in both names and the day the joint account started could be good? :idea:

jrge
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Post by jrge » Sat Jul 23, 2011 2:21 pm

Instead of bank statements , a balance certificate in both names and the day the joint account started could be good? :idea:
So, are you suggesting a letter from our bank showing our current balance and the maturity of our accounts?. That's something we can do, but what exactly is behind this requirement besides snooping around? I feel that only our account should mind that.

Thank-you! ( I'm already on a countdown and am getting nervous)
Life is short, so let's get moving!
* Passport received: Family Permit approved AUG-22, 2011
* Landed in the UK: DEC-04TH-2011
* Received RC: MAR-21ST-2012
* Back to North-America Jul 2012

toabetterchange
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Post by toabetterchange » Sat Jul 23, 2011 2:26 pm

jrge wrote:
Instead of bank statements , a balance certificate in both names and the day the joint account started could be good? :idea:
So, are you suggesting a letter from our bank showing our current balance and the maturity of our accounts?. That's something we can do, but what exactly is behind this requirement besides snooping around? I feel that only our account should mind that.

Thank-you! ( I'm already on a countdown and am getting nervous)
I dont know we need advice,could you please share what are you going to send :shock:

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Post by Jambo » Sat Jul 23, 2011 2:49 pm

No need to make it more complicated that it actually is. A marriage certificate and cover letter by the EU national should be more than enough to prove your relationship. If more evidence will be required, they will ask for it. Don't make it more difficult for you and the ECO.

jrge
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Post by jrge » Sat Jul 23, 2011 6:25 pm

toabetterchange wrote: I dont know we need advice,could you please share what are you going to send :shock:
I am going to send exactly what these nice people are suggesting:

* My passport.
* Certified copy of my wife's passport ( already done at the consulate in London)
* Certificate of marriage ( with apostille)
* A photograph of me
* A cover letter already written by my wife.

I believe that should satisfy their requirements.
Life is short, so let's get moving!
* Passport received: Family Permit approved AUG-22, 2011
* Landed in the UK: DEC-04TH-2011
* Received RC: MAR-21ST-2012
* Back to North-America Jul 2012

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sat Jul 23, 2011 6:30 pm

jrge wrote:Any other advise in how to get around this?
I do not think there is anything that needs to be gotten around, is there? You simply do not send extra stuff that is intrusive and which is not required! Or am I misunderstanding your question?

http://eumovement.wordpress.com/2007/04 ... u-citizen/ is a list of things that need to be provided. Nothing additional needs to be provided if you are a primary family member.

jrge
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Post by jrge » Sun Jul 24, 2011 10:41 am

Directive/2004/38/EC wrote:
jrge wrote:Any other advise in how to get around this?
I do not think there is anything that needs to be gotten around, is there? You simply do not send extra stuff that is intrusive and which is not required! Or am I misunderstanding your question?

http://eumovement.wordpress.com/2007/04 ... u-citizen/ is a list of things that need to be provided. Nothing additional needs to be provided if you are a primary family member.
You clearly understood my point....! I absolutely refuse to send such of sensitive information, period.

That's the reason I asked if there was any other way " to get around it". For instance: a certified letter from a financial institution ( bank, credit union, etc) indicating your current balance, maturity of those accounts, account holders, etc. At the end, that's all they "might" need to know, if so, not where and how our money is invested/spent.

Thanks!
Life is short, so let's get moving!
* Passport received: Family Permit approved AUG-22, 2011
* Landed in the UK: DEC-04TH-2011
* Received RC: MAR-21ST-2012
* Back to North-America Jul 2012

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sun Jul 24, 2011 12:29 pm

jrge wrote:You clearly understood my point....! I absolutely refuse to send such of sensitive information, period.

That's the reason I asked if there was any other way " to get around it". For instance: a certified letter from a financial institution ( bank, credit union, etc) indicating your current balance, maturity of those accounts, account holders, etc. At the end, that's all they "might" need to know, if so, not where and how our money is invested/spent.
Why do you think you need to send such information to start out with? I do not think you do.

There are only a very few types of relationship where financial information is important for an initial entry visa. e.g. if you are the "Dependant ascendant" of an EU citizen...

jrge
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Post by jrge » Sun Jul 24, 2011 1:05 pm

Directive/2004/38/EC wrote:
jrge wrote:You clearly understood my point....! I absolutely refuse to send such of sensitive information, period.

That's the reason I asked if there was any other way " to get around it". For instance: a certified letter from a financial institution ( bank, credit union, etc) indicating your current balance, maturity of those accounts, account holders, etc. At the end, that's all they "might" need to know, if so, not where and how our money is invested/spent.
Why do you think you need to send such information to start out with? I do not think you do.

There are only a very few types of relationship where financial information is important for an initial entry visa. e.g. if you are the "Dependant ascendant" of an EU citizen...
I might be over analyzing it, and please correct me if I'm wrong.
According to: EEA Family Permit (VAF5 Dec 2008) Form:
* Part 8.10.12.
* Part 11 ( Supporting documents checklist)

I know this might confuse others, but it will also set a precedent to stop sending useless - unnecessary information/documents.

Thanks!
Life is short, so let's get moving!
* Passport received: Family Permit approved AUG-22, 2011
* Landed in the UK: DEC-04TH-2011
* Received RC: MAR-21ST-2012
* Back to North-America Jul 2012

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sun Jul 24, 2011 2:26 pm

jrge, What is your exact relationship to the Eu citizen? Where are you and the EU citizen located now?

jrge
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Post by jrge » Sun Jul 24, 2011 4:57 pm

Directive/2004/38/EC wrote:jrge, What is your exact relationship to the Eu citizen? Where are you and the EU citizen located now?
Spouse, we have been married for 18 years. My wife and son are already in London, while I'm still in the USA.

Like I said, I might be over thinking this, but I would like to do everything the right way.

I don't know if it makes any difference, but I hold a dual citizenship: Venezuelan - American.

Thank-you for your time.
Life is short, so let's get moving!
* Passport received: Family Permit approved AUG-22, 2011
* Landed in the UK: DEC-04TH-2011
* Received RC: MAR-21ST-2012
* Back to North-America Jul 2012

alekos
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Post by alekos » Sun Jul 24, 2011 5:04 pm

jrge, you'll be pleasantly surprised. It should be very straightforward for you to get Family Permit to join your wife. :)
Thank you everyone in this forum.

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