Translations and 'Centre of Life' for EEA family permit

[jenniferhw]

Hi there,

I am an Australian citizen married to a UK citizen. We have been living together in Germany for almost two years, but my husband's work is taking him back to the UK and we are intending to make our lives back there. For a variety of reasons we are trying for the EEA Family Permit via the Surinder Singh judgement (my understanding being that this is still a valid route until two years after the UK invokes Article 50).

I have a few questions regarding the 'centre of life' provision. My husband has freelanced here, had a German contract for 11 months and we have been renting together since we arrived in September 2014 (both our names are on the rental contract). We have a German doctor, German dentist, pay German health insurance, tax and social security. However, my husband has not had German lessons as the language wasn't required for his jobs and (here in Berlin) it's easy enough to get by with the basics he learnt at school. We do not have children, so none have been enrolled in school here. Whilst I have joined the library, a book club, a gym, done language lessons, my husband has not. Basically, I'm really clutching at straws of how to show he was 'integrated' into the community. We lived here and had friends here, but besides statements from our friends saying that we all hung out together, I'm really not sure what else we can provide.

Firstly, can we use my 'integration' as evidence that we were building a life here?
Secondly, I have a few photos from events that my husband and I attended in Berlin, but the photos aren't great quality (it's difficult to see us -we're turning away or in crowds) and there's not very many (3 - 4). Printed on their own, the photos don't show anything (they could have been taken anywhere in the world). Some of them, however, come from sources like the Facebook page of the event that we attended, or were printed in the Guardian or Vice reporting on the event. Would it be worthwhile printing these pictures and articles even though the quality isn't great and there's not many? I'm worried that showing poor evidence of integration is almost worse than not showing anything at all.
Thirdly, I know personal statements from friends are generally not useful, but where we have no other evidence to provide, would they be better than nothing?

My next set of questions relate to translation of documents. We have a lot of evidence of our life in Germany, but it is mainly in German (unsurprisingly). As the costs of translation are so high, I'm trying to cut down on the amount of documents needed.

Firstly, is there benefit to providing my visas and work contracts, to prove that I was legally resident in the country and also making my life here? Or is the 'centre of life' provision only relevant in regards to my husband's circumstances?
Secondly, a lot of the documents are quite long and most of what is in German is irrelevant (eg only the first page of my rental contract where it states our names, the address and when the contract started, as well as the last page with our signatures seems relevant to the UKBA to prove that we lived together and in Germany - not all the details inside about how communal electricity cost is broken down, when the quiet times are in the building and when the bins are emptied). Is it possible to only have the first and last pages translated? Or would the UKBA look unfavourably on that?

Any help would be much appreciated. Thank you.

[noajthan]

This may give you a steer on this taxing question:
https://www.gov.uk/government/uploads/s ... dacted.pdf

[jenniferhw]

Thank you! That is very helpful and reassuring for my 'centre of life' query.

[noajthan]

Thank you! That is very helpful and reassuring for my 'centre of life' query.

Wunderbar!

Don't forget its UKVI/HO you're dealing with (UKBA was abolished back in 2013).

Yes, centre of life applies to both of you as it goes above and beyond the cleaner, purer EU law. As a dependent, you didn't have to work in Germany but as you did I suppose it shows 'integration'.

You will have to be quite diligent with the supporting docs for your FP.
Some photos etc will be required, don't the make mistake of simply submitting a marriage certificate (plenty refusals just due to that).
Not sure about translating every page of legal documents though.

Worst case: you could enter UK as you are visafree then apply for an optional RC once here. No need for hubby to exercise treaty rights once in UK (as he is a BC).

[jenniferhw]

We've just received a rejection for our application because we didn't prove my husband's identity and nationality (we provided a certified copy of his passport, but as he travels every week for work, we couldn't give them the passport. We used a Notary Public in Germany recommended by the UK government, so I can't understand how they can justify this, but as there is no right to appeal, I don't know how we can argue the toss).

My question is, I have to be in the UK for two weddings at the start of September. Will this refusal affect my ability to get into the country? Can anyone tell me what the process is for applying for this visa within the UK? Will I be at a disadvantage now that I have been refused once?

[Hamza2013]

Hi jenniferhw,

Strange that they didnt give right of appeal to you as it clearly states any rejection to family permit will have a right of appeal.

Also with regards to passport submission there isnt any requirement to put EU citizen origional passport with the application as evidence, a colored photocopy is enough, this is what TLS told us

[jenniferhw]

I'm beginning to think they didn't see the copy as we had a lot of paperwork and maybe it got lost at the back. All the legal advice I'm getting is that a certified copy is enough. The quote about no right to appeal is here:

'Your application does not attract a right of appeal under regulation 26 (2) of the Immigration (European Economic Area) Regulations 2006 as you have failed to supply any evidence of your sponsor's identity.'

[Hamza2013]

i suggest re apply straight away with a cover letter stating that they didnt see the copy attached etc.

[logical_1]

From what I know you could submit documents in German as they have bilingual caseworkers aswell. Alot of people going S.S in Germany provided documents in German and were given FP's without any problem.

[noajthan]

My question is, I have to be in the UK for two weddings at the start of September. Will this refusal affect my ability to get into the country? Can anyone tell me what the process is for applying for this visa within the UK? Will I be at a disadvantage now that I have been refused once?

You can't apply for a FP from inside UK.

[Noetic]

You guys must be the only GENUINE Surinder Singh case on the whole board - certainly the first case of someone genuinely using this as intended rather than faking moving centre of life elsewhere for a cheap tickets into the UK.

Fingers crossed for you

[BritGirl1]

"Worst case: you could enter UK as you are visafree then apply for an optional RC once here. No need for hubby to exercise treaty rights once in UK (as he is a BC)."

Hi noajthan, is this a viable route?
Even if you've had a Family Permit refusal?

[jenniferhw]

Hi BritGirl1,

I thought I'd just let you know how this worked out for me. We ended up going to the UK as planned, even though I had been refused the permit. Because I am 'visa free' as an Australian citizen, the airline company allowed me to board the flight to the UK. At the border at Stansted, I requested (again) the permit that I had been refused and showed all my documentation. I was granted entry, but the border guard told me that, due to the 'McCarthy decision', he wasn't allowed to stamp my passport, so I would have no evidence to show that I was in the UK legally. He advised me to apply for my residence card asap so that I would then have evidence that I was in the UK legally.

Unfortunately, we already had some travel booked and planned for 3 weeks later. We decided to wait and hope that I was granted entry a second time. When we arrived at Gatwick 4 weeks later, I explained the situation and this time the border guard allowed me into the UK and stamped my passport with the 6 month permit I should have been granted in the first place (the reason it wasn't granted was because we hadn't provided my husband's passport with the application - which, as I explained above is ridiculous. Their own website says that a copy is acceptable if you can't provide the original). No mention of the 'McCarthy decision'.

Anyway, I was granted entry at the border as this residence permit should be available at the border (up until the UK invokes article 50, don't know what will happen after that). As I was from a visa-free country I was able to get to the border with no problems - if I was from a country that requires a visa to visit the UK, it might have been more difficult, as the airline staff might not have let me on the plane.

Am currently waiting for my 5 year residence permit - application is at the Home Office. We've been knocked about so much by the Home Office that we decided to just get a lawyer to help us. Fingers crossed it all goes well this time. Not sure if this answers your question, but hope it might be useful.