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EEA family permit online application

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

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naruto08
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EEA family permit online application

Post by naruto08 » Fri Nov 12, 2010 2:47 pm

hello everyone! i am new here and i hope someone can help me regarding may queries about the EEA family permit.

me and my EEA partner are not yet married but have been living together for almost 3 years. she is here with me in my country and we are planning to travel to UK together. she has a work right now but i don't.
can i apply for the EEA FP?

here in my country, it is required to apply online.

can you give me possible and good answers to these questions:

1. What is the main purpose of your visit to the UK?
> can i put "to accompany my EEA partner in seeking a job" or "to seek a job in UK and settle there with my partner"

2. How long do you intend to stay in the UK?
> can i put "indefinitely"

3. On which date do you intend to leave the UK?
> here i don't know what to write coz we plan to work and settle in UK. do we need to provide a 2-way ticket on the date of application?

thank you for your help!

86ti
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Joined: Wed Nov 21, 2007 7:07 am

Re: EEA family permit online application

Post by 86ti » Fri Nov 12, 2010 2:54 pm

naruto08 wrote:can i apply for the EEA FP?
Yes, but you need to show that you are in a durable relationship.

naruto08 wrote:1. What is the main purpose of your visit to the UK?
> can i put "to accompany my EEA partner in seeking a job" or "to seek a job in UK and settle there with my partner"

2. How long do you intend to stay in the UK?
> can i put "indefinitely"

3. On which date do you intend to leave the UK?
> here i don't know what to write coz we plan to work and settle in UK. do we need to provide a 2-way ticket on the date of application?
From a legal point of view you do not have to answer any of those questions.

naruto08
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Post by naruto08 » Fri Nov 12, 2010 3:55 pm

do we need to provide a 2-way ticket on the date of application?

naruto08
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Post by naruto08 » Fri Nov 12, 2010 3:56 pm

also, do we need to show that we have a large amount of money in our joint bank account?

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 » Fri Nov 12, 2010 3:59 pm

You do not need to provide any information about your financial situation or provide any flight tickets.

You do need to provide information about your relationship if you are not married.

naruto08
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Post by naruto08 » Fri Nov 12, 2010 4:21 pm

thank you so much for your replies. i'll just post again if i have further questions.

naruto08
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Post by naruto08 » Sun Nov 21, 2010 2:39 pm

Directive/2004/38/EC wrote:You do not need to provide any information about your financial situation or provide any flight tickets.
but the checklist states that we have to provide bank statements. will they refuse my application if we fail to do so?

86ti
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Post by 86ti » Sun Nov 21, 2010 5:25 pm

Which checklist? Requirements.

naruto08
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Post by naruto08 » Sun Nov 21, 2010 9:10 pm

86ti wrote:Which checklist? Requirements.
Checklist for Worker Dependant Visa Application UK VAC CHECKLIST
YES NO

ORDER
OF DOCS
A completed visa application form: You may log on to www.visa4uk.fco.gov.uk.
Current passport valid for at least 6 months and any old passports.
Visa fee in peso (We accept Manager's Check made payable to British Embassy from any registered Philippine banks such as Standard Chartered Bank/ Banco de Oro, BPI or over the counter receipt from any branch of Unionbank only). ---waived--- ---waived---
One recent coloured and unframed passport size photograph taken with a light background. Approximate size should be 45mm x 35 mm.
1 If your child is under 18 we require the child’s birth certificate on NSO Security Paper and a full copy of both parents passport.
2 If you are joining your spouse or civil partner, we require a copy of your Marriage Contract on NSO Security Paper. (Only if the marriage took place in the Philippines) If the marriage or civil partnership took place outside of the Philippines then the original certificates are required.
Evidence that the sponsor can support you financially. We would recommend you supply your sponsor’s up-to-date detailed bank statements and other savings. You may also submit evidence of banks funds held in the Philippines and remittance slips if applicable.

3 Evidence that your sponsor has adequate accommodation. If they live in a rented property, written evidence is required from the UK landlord or estate agent. This should detail how many people are presently renting the property, approval for you to live there, the number of bedrooms in the property, and how many rooms are available for the exclusive use of you and your sponsor. If your sponsor owns a property in the UK then copies of mortgage documents are required.
4 A copy of sponsors passport, including the personal details page, all stamped pages, and pages with UK visas or Home Office extensions of stay. Do not include unstamped pages.
5 Recent pay slips and written correspondence from your sponsor’s employers in the UK confirming their current contract of employment.
6 Evidence that you and your sponsor have remained in contact during sponsor’s absences form the Philippines. Telephone bills, copies of emails and personal letters may help show this. Please note that you are not legally obliged to provide such correspondence, however, they may assist the Entry Clearance Officer in reaching a decision on your application,
7 Any other supporting documents.

Important Reminder: Please arrange your documents in the order listed under
“Order of Docsâ€

86ti
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Post by 86ti » Mon Nov 22, 2010 8:19 am

naruto08 wrote:
86ti wrote:Which checklist? Requirements.
Checklist for Worker Dependant Visa Application
You said you want to apply for an EEA FP...

More info from the UK visa web page and see also Chapter 3 of the ECIS.

naruto08
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Post by naruto08 » Mon Nov 22, 2010 10:44 am

86ti wrote:
naruto08 wrote:
86ti wrote:Which checklist? Requirements.
Checklist for Worker Dependant Visa Application
You said you want to apply for an EEA FP...
yes i am applying for an EEA FP... VFS is the one who gave me that checklist.

VFS Global is a commercial company, working in partnership with UK Border Agency at the British Embassy here in the Philippines providing services to help your apply for a visa to enter the UK.[/url]

86ti
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Post by 86ti » Mon Nov 22, 2010 11:06 am

I know what VFS is and does (and what they don't do). The list they gave you does simply not apply to your case. It is only the UKBA who decides your case and I have given you links to their official web pages. I advice you to write a strong cover letter which indicates that you understand your rights.

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 » Mon Nov 22, 2010 5:20 pm

Note that the list VFS gave you mentions a fee. A fee is never applicable for a family member of an EU citizen. This is a generic list.

Since you are not married, you need to prove that this is a real and genuine relationship. So you need to provide evidence that you have lived together for 3 years, and e.g. that you do things together, or have children together, or have bought things together (e.g. a house, or a car). You would not have to provide such evidence if you were married.

Since you are not in the UK, you do not need to provide evidence that your partner is working. You also do not need to show you have any particular amount of money. You could show that you have a joint bank account, but ...

naruto08
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Post by naruto08 » Thu Nov 25, 2010 7:21 am

86ti wrote:Which checklist? Requirements.
My application for an EEA family permit has been denied. The decision was made a day after I passed all of the requirements.

These are what i passed:
1. my passport
2. copy of my EEA partner's passport endorsed by her embassy
3. a JOINT bank certificate showing only 545 pounds in it
4. certificate of car registration under our names
5. certificate of car insurance under our names
6. letter from my mother stating that me and my partner are the ones residing in her rented studio-type apartment (the lease of contract was under her name since me and my partner do not have a checking account to pay for the rentals)
7. proof of billings under my partner's name bearing the address of the studio-type unit stated above
8. my transcript of records from my previous school bearing the address of the studio-type unit stated above
9. our old passports showing our joint trip to Macau
10. 2 sets od ID's showing that we live at the same address
11. a lot of pictures (2001 - present)

THE DECISION:
you have shown no evidence that you and your partner have been in a relationship akin to a marriage for the last 2 years. None of the documents you have provided show you to be living at... (address of the studio type unit) along with your EEA national partner. your bank document is only showing as june 2009 and november 2010 and has only 545 pounds in it.

i therefore refuse your EEA family permit application because i am not satisfied that you meet all of the requirements of regulation 8 of the immigration (EEA) regulations 2006 and paragraph 295A (i/v/vi) of HC395 (Immigration rules)

QUESTIONS:
1. Can i make an appeal?
2. If they don't require financial statements, why did they include our bank document in their decision?
3. what do they mean by durable relationship?
4. is marriage the best solution to this problem?

Directive/2004/38/EC
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Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Nov 29, 2010 5:57 pm

naruto08 wrote:QUESTIONS:
1. Can i make an appeal?
2. If they don't require financial statements, why did they include our bank document in their decision?
3. what do they mean by durable relationship?
4. is marriage the best solution to this problem?
Yes you can appeal.

Bank statements can help prove you were living together. And for some classes of EU applicant they are required (e.g. "dependent ascendents").

A durable relationship is one that is real and ongoing for the time you are claiming.

Marriage is not a solution to this application. Appeal with additional documentation which shows your ongoing history with your partners (e.g. trips on holiday taken together, bills in your joint names, joint bank accounts, pictures of you both and the various in-laws, ....)

couneta
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Post by couneta » Tue Nov 30, 2010 1:59 pm

naruto08 wrote:
86ti wrote:Which checklist? Requirements.
My application for an EEA family permit has been denied. The decision was made a day after I passed all of the requirements.

These are what i passed:
1. my passport
2. copy of my EEA partner's passport endorsed by her embassy
3. a JOINT bank certificate showing only 545 pounds in it
4. certificate of car registration under our names
5. certificate of car insurance under our names
6. letter from my mother stating that me and my partner are the ones residing in her rented studio-type apartment (the lease of contract was under her name since me and my partner do not have a checking account to pay for the rentals)
7. proof of billings under my partner's name bearing the address of the studio-type unit stated above
8. my transcript of records from my previous school bearing the address of the studio-type unit stated above
9. our old passports showing our joint trip to Macau
10. 2 sets od ID's showing that we live at the same address
11. a lot of pictures (2001 - present)

THE DECISION:
you have shown no evidence that you and your partner have been in a relationship akin to a marriage for the last 2 years. None of the documents you have provided show you to be living at... (address of the studio type unit) along with your EEA national partner. your bank document is only showing as june 2009 and november 2010 and has only 545 pounds in it.

i therefore refuse your EEA family permit application because i am not satisfied that you meet all of the requirements of regulation 8 of the immigration (EEA) regulations 2006 and paragraph 295A (i/v/vi) of HC395 (Immigration rules)

QUESTIONS:
1. Can i make an appeal?
2. If they don't require financial statements, why did they include our bank document in their decision?
3. what do they mean by durable relationship?
4. is marriage the best solution to this problem?
Hi, i feel for you coz i was in the same situation. i struggled with my partner for a year before we were finally granted a visa. I applied twice- as unmarried partner and they refused coz we didnt satisfy the requirements until my partner came to my country and we got married. We applied with our marriage certificate, child's birth certificate WHICH MUST SHOW BOTH YOUR NAMES, proof of accomodation and finances so that you can live "without recourse to public funds" and wedding photos, communications etc. Instead of appealing which will take several months, we lodged a new application as soon as I came across this information:
EUN2.10 What if I suspect a marriage/civil partnership of convenience?

The definition of 'spouse' and 'civil partner' in the EEA Regulations does not include someone who has entered into a marriage/civil partnership of convenience.

When a marriage/civil partnership of convenience is suspected, the burden of proof is high and rests with the ECO. However, in these cases the ECO is entitled to interview the applicant. Factors to consider include:

* an adverse immigration history;
* doubts about the validity of documentation;
* application follows soon after the marriage/civil partnership;
* no previous evidence of the relationship.

The ECO should not consider the following cases as marriages/civil partnerships of convenience where:

* there is a child of the relationship;
* there is evidence to suggest cohabitation.
So i suggest that you get married, make sure you will have accommodation here in uk waiting for u and your partner and your child, and in the last section where they ask if there is anything else you need to add, write down a statement clearly addressing all the points they raised and also quote the above directive http://www.ukvisas.gov.uk/en/ecg/eunati ... t#22134378. but bear in mind my marriage came 6months after the initial refusal, and after application they refused again saying its marriage of convenience then i submitted birth certificate with parents names, marriage certificate and i pointed in my statement to the above website.

goodluck and please pm me if u need any other information.

P.S for the questions "how long do u intend to stay"etc i put 6months, and to accompany my spouse and child.

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