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Hi all,

Background

I'm a non-EEA national (Pakistani) family member (husband) of a Polish citizen (wife). I have been issued temporary residence of 1 yr based on our marriage. My wife arrived UK in Dec 2009 and started work in January 2010. Her last job was for a continuous period of 2.5 yrs before she flew back to Poland in September 2012 to live with me, followed by our marriage in Dec 2012. We plan to live in UK and both of us intend to work in UK too. I had been on UK student Visa in the past too where I studied accountancy course at a UK college. I need your guidance to apply for EEA family permit as I would be applying for this visa on my own.

Questions

1. I'm aware that we can apply for EEA family permit while our stay in Poland , but then I'm not sure if this decreases the chance of application success in contrast to the situation where my wife first goes to UK, starts job there and than we apply?

2. I read in FAQ's that EEA national must have 3 months of residence in UK before they can exercise EU treaty rights. Does these 3 months can be in aggregate from the time she first started work in UK or is it counted from the time she last entered UK?

I will really appreciate your informed responses to my queries.

Thank you very much.

Make your way with your wife to UK by coach(not by plane) take your marriage certificate with English translation and residence card.

At the border request for admission to UK with code 1A stamp, get some paperwork with you which confirms your rights.

If you insist on applying for FP there is a big chance you will wait and also you may get your application rejected.

If I could turn back time I would directly try my chances at the border.

Pablito wrote:Make your way with your wife to UK by coach(not by plane) take your marriage certificate with English translation and residence card.

At the border request for admission to UK with code 1A stamp, get some paperwork with you which confirms your rights.

If you insist on applying for FP there is a big chance you will wait and also you may get your application rejected.

If I could turn back time I would directly try my chances at the border.

Thank you for your reply.

I'm not sure about approaching the border directly, but why do you think that applying EEA- FP will take long time when according to UKBA stats all such cases in warsaw were dealth 100% in 15 working days. Also plz mention the reason why I might be rejected?

Yeah 3 weeks for your decision to be made, if you want to apply then ok, but if you are refused, appeal takes months, you may also reapply but you have no guarantee you will be successful.

Maybe just try to apply first time and see what happens, your wife does not need to be in UK and exercise treaty rights first, because there is something called 'initial residency' right for up to 3 months in which period you do not need to be exercising treaty rights.

Azoo_humble wrote:Hi all,

Background

I'm a non-EEA national (Pakistani) family member (husband) of a Polish citizen (wife). I have been issued temporary residence of 1 yr based on our marriage. My wife arrived UK in Dec 2009 and started work in January 2010. Her last job was for a continuous period of 2.5 yrs before she flew back to Poland in September 2012 to live with me, followed by our marriage in Dec 2012. We plan to live in UK and both of us intend to work in UK too. I had been on UK student Visa in the past too where I studied accountancy course at a UK college. I need your guidance to apply for EEA family permit as I would be applying for this visa on my own.

Questions

1. I'm aware that we can apply for EEA family permit while our stay in Poland , but then I'm not sure if this decreases the chance of application success in contrast to the situation where my wife first goes to UK, starts job there and than we apply?

2. I read in FAQ's that EEA national must have 3 months of residence in UK before they can exercise EU treaty rights. Does these 3 months can be in aggregate from the time she first started work in UK or is it counted from the time she last entered UK?

I will really appreciate your informed responses to my queries.

Thank you very much.

As Pabilito said, Make your way to UK ,, It is very unlikely you would get FP, as they give decision in 15 days , but not positive decision . According to my knowlage about 25% people get FP. and as a pakistani ,i highly doubt u would be one of those 25%. But u can try once and if u dont get then go without FP, Dont forget to post the outcomes,
Why u left UK before??

Thanks Pablito.

In the application I'm required to state the period of my stay in UK, can I show my intent to remain in UK for a period of more than 6 months and if yes, will this increase the burden of providing financial proof to live in UK and professional competence for employment?

Diomond wrote:

Azoo_humble wrote:Hi all,

Background

I'm a non-EEA national (Pakistani) family member (husband) of a Polish citizen (wife). I have been issued temporary residence of 1 yr based on our marriage. My wife arrived UK in Dec 2009 and started work in January 2010. Her last job was for a continuous period of 2.5 yrs before she flew back to Poland in September 2012 to live with me, followed by our marriage in Dec 2012. We plan to live in UK and both of us intend to work in UK too. I had been on UK student Visa in the past too where I studied accountancy course at a UK college. I need your guidance to apply for EEA family permit as I would be applying for this visa on my own.

Questions

1. I'm aware that we can apply for EEA family permit while our stay in Poland , but then I'm not sure if this decreases the chance of application success in contrast to the situation where my wife first goes to UK, starts job there and than we apply?

2. I read in FAQ's that EEA national must have 3 months of residence in UK before they can exercise EU treaty rights. Does these 3 months can be in aggregate from the time she first started work in UK or is it counted from the time she last entered UK?

I will really appreciate your informed responses to my queries.

Thank you very much.

As Pabilito said, Make your way to UK ,, It is very unlikely you would get FP, as they give decision in 15 days , but not positive decision . According to my knowlage about 25% people get FP. and as a pakistani ,i highly doubt u would be one of those 25%. But u can try once and if u dont get then go without FP, Dont forget to post the outcomes,
Why u left UK before??

Well I believe that each unfavorable outcome has to be supported by valid reasons supported by relevant EU law, so me being Pakistani and get rejected would be an act of beloved and hence I don't believe in such treatment. For sure I will apply and we will see what happens. During my application for Polish residency I have already undergone tight scrutiny and this coupled with the fact that me and wife are living together for 10 months now, will prove to be helpful overall.

We will see on which side of results I will be counted in , I have learned to be positive.

I left UK on successful completion of my studies, as I was on student visa.

There is still some time to go before I file my application but I will keep all here, informed.

Thanks for your reply.

There is no requirement to prove that you have potential employer or that you have financial means. If you want to mention these in your application you can but you are not obliged to do so.

ECOs who deal with applications very often give reasons for refusals which are not consistent with EU Law. Its hard to find any rule whether they reject application or approve.