Spouse EEA Family Permit

[srn750]

Hi all,

Apologies if this has been asked before, I've searched and couldn't find a similar thread which contains my scenario.

I'm a Dutch passport holder (have never had any other citizenship), I currently live in Scotland since 2006 and have been a student from Aug 2006 until Aug 2013. Around March 2014 I have been in employment and currently am working permanently on a full-time basis. I also hold a UK driving licence since 2008 and have not left Scotland for more than 100~ days over the last 9-10 years.

I live with my parents and do not own a house myself. I also do not have an EEA registration certificate or permanent residence card, I'm not sure if this is required as I'm an EU national and I can prove I'm 'qualified' by means of wage slips, contract, letter from employer and have earned more than £30K in the last fiscal year.

I married during the start of this month (April 2016), she is a non-EEU citizen and is from Pakistan (holds a Pakistani passport). Our marriage was in Pakistan and we have a marriage certificate that has been verified officially in English (this was done in Pakistan). Her passport has also been copied officially.

She's currently studying and is due to finish at the end of this year with a degree in Medicine (MBBS), I was planning on having her move to the UK beginning 2017 around February.

My questions is what is exactly the route for this? I have heard a lot of conflicting information from people I know that is not in line with what gov.uk is telling me. I gather that it's going to be an EEA Family Permit route, however I have heard that I first need an EEA registration certificate or permanent residence card for myself (never bothered to apply)?

If I read the gov.uk website correctly all I need is my passport, her passport and our original marriage certificate. Furthermore I have to produce proof that I'm a 'qualified' (i.e. proof of working, slips, letter, etc) as I've been in the UK for more than 3 months (closing in on 10 years now).

The website also mentions proof of your dependency if you’re dependent on your EEA family member. I'm slightly confused by this, she will have to continue study here in the UK (PLAB 1 / 2 & IELTS to practice medicine further). She'll be dependent on me initially, however I do not own a house in my name as I live with my parents (we have a reasonable house that can easily accommodate her with no issues).

Currently with my salary I can get my own place if need be, but rather not as there's no need currently for us to do so. If required I can prove that my financial situation has been excellent and I have had no issues (as is my credit rating if relevant)

Furthermore I have evidence that we have been married and were together (as it's an arranged marriage), evidence of honeymoon and video & photo evidence on top of marriage certificate. I'm currently no longer with her as I can take only so many holidays from my work.

My question is if this is just as simple as going the EEA Family Permit route and giving them the details (her passport, my passport, marriage evidence, my proof that I'm employed)? Do I need anything else such as an EEA registration certificate (https://www.gov.uk/eea-registration-certificate)? I've also heard that I need to contact the Dutch consulate and provide them with my marriage details, however I see no mention of this on the gov.uk for EU nationals. I've heard it this from a relative and have mailed the consulate for more information but have yet to receive an answer.

Thanks in advance, much appreciated!

[noajthan]

Yes, EEA FP is the appropriate route.

Submission of sponsor's (ie your) RC is not mandatory but may help.

It's not quite as simple as going the EEA Family Permit route and giving them the details (her passport, my passport, marriage evidence, my proof that I'm employed).

Submit evidence of relationship (but not in video form).
A marriage certificate alone is not enough.

Submit more evidence than bare minimum; don't give HO any 'wriggle room'.

See docs list here:
https://www.gov.uk/government/uploads/s ... permit.pdf

HO does tend to play hard ball as this failed FP application shows:
eea-route-applications/eea-direct-famil ... 08033.html

[srn750]

Thanks Noajthan,

I will be applying on her behalf, I have acquired her passport (certified official copy), our marriage certificate, tons of wedding photos among other things already.

I'm slightly confused with a few points in that PDF.

Firstly it asks

• Evidence of your permission to be in the country where you are applying, if
  you are not a national of that country This could be a residence permit, ‘green card’ or valid visa showing your current immigration status.

What do they exactly mean with the question above? She does not have any of this I believe which is why we're applying for an EEA Family Permit.

• Evidence of your current employment or studies

She will finish her studies and then move over (permanently) to the UK, as such she won't have active studies when she leaves. Do we want to generate a letter in advance saying she'll leave Pakistan? It doesn't really fall under the absence category as she'll be finished.

Regarding the section about finance, currently she is entirely supported by her parents (and me). She does have a bank account but it's not actively being used as her parents primarily pay for her studies and so on.
When she moves over she'll have to study for roughly a year (to practice medicine in the UK) before she can start her Foundation Year 1 (which has a baseline 27 000 salary for all medical students).

What kind of documents do they want us to send? She's not coming over for a good 8 months so we can arrange money to flow into her bank account (and some flowing out) if need be as they only want the 6 months.

Lastly the accommodation details, we can provide the required documents/statements. They are however in my fathers name for what it's worth, but he can generate a letter saying she's allowed to live there and such. As for the travel funds to arrive in the UK, I will fly to Pakistan and we'll fly back together (with me funding her flight). However this seems to be OK as it'll fall under my name (If you are not funding your visit yourself, the person who will fund it should consider supplying the evidence).

I will primarily be applying on her behalf, not sure if this is something that is allowed but I doubt she knows much of the UK process and it'll be much easier if I do it (with her guidance where required).

Thanks again.

[JAMAA]

hello

first of all don't make complicate for yourself it is very simple process the FAMILY PERMIT. your wife will apply for family permit which is FREE OF CHARGE for 6 months multi visas, this only for partner of European Union National,

as your partner apply for family permit in her country so she not need permission in her country as she citizen of her country (Pakistan).

financial requirement not applicable under the Immigration Directive 2004/38 EC.
Accommodation not applicable under Immigration Directives 2004.

please read immigration directives EEA 2004/38 EC article 5, 10, 20.

[srn750]

Thanks Jamaa,

I'll have a read over that. Once the 6 months expire is she required to leave the country or can she stay? I understand that without a residence permit/card application it'll be hard for her to convince her employer.

[noajthan]

Thanks Jamaa,

I'll have a read over that. Once the 6 months expire is she required to leave the country or can she stay? I understand that without a residence permit/card application it'll be hard for her to convince her employer.

After 3 months in UK (if not before) you should be exercising treaty rights in UK and so your dependents may reside in UK with you.
That's the whole point of treaty rights - to not constrain your free movement around EU memberstates due to worries about your family!

[srn750]

Thanks,

Primarily asked because she's not coming over until next year February, so I'm probably better off just waiting until December~ before applying for an EEA Family Permit.

[srn750]

Hi all,

So apparently the EEA family permit got rejected on the basis that we didn't provide 'chat' between us and we sent no photos of our engagement (despite 50-60 photos of wedding, honeymoon, flight trips in both name, council letter, flight trip during marriage, visits, photos of me being with her on her birthday).

I'm confused now, granted I don't have photos of the engagement of us together (as my parents went over since I couldn't get the time off work, so it was more of an 'e-engagement' if you will). However I did provide sufficient evidence that the marriage was legitimate.

How should I proceed? I was intending to fly over myself to Pakistan, and as far as I know under the European law as long as she travels with me and we can conjure proof that we're married (marriage certificate, passports) she is allowed entry to any European country with me (I figure the Pakistani airport probably has no clue about this and would never allow it).

What do I write as my relationship now? I initially wrote we were in relationship since our engagement date (as we started speaking then, as it's an arranged marriage) but I don't have proof until our marriage which was in April 2016 (whereas engagement is in March 2015). Would this affect the new application if I changed this detail now? If it's possible for me to go over and her to come with me by plane without any sort of visa then that would be preferable as I hold a Dutch passport still.

I can appeal now or re-apply.

My wife went over to the VISA centre on the 7th of December and we got the documents back on the 26th of January, I take it the delay was contributed to Christmas.

Any information is much appreciated.
Thanks

[srn750]

In addition to my last reply I've just got the exact document for refusal back now and these are the reasons stated:

• You have provided no evidence on communication between you and your sponsor. It would not be unreasonable to expect to see evidence of communications given your sponsor has lived in the UK for the duration of your relationship. The only photograph evidence you have submitted appears to relate your marriage. Given you state your relationship began almost 2 years ago and that you seen your sponsor twice a year I would expect more extensive evidence of this kind to be available

Yes, our relationship began when I got engaged to her (March 2015). I did not submit proof until marriage indeed. However, I have given them plenty of photos from marriage, honeymoon and 6 months AFTER marriage when I visited. I have stated that I have visited twice in 2016 and not 2015 (did not visit prior to marriage as it was an Islamic arranged marriage).

Correct me if I'm wrong but I wasn't aware I was supposed to show more proof prior to the wedding? Doesn't the wedding and the proof afterwards confirm enough (given this is not a 'relationship' akin to a marriage, but a marriage instead).

In any case, I have chat logs dating February 2015 up till this date via Viber (similar to Whatsapp). I have photos of engagement from her side only (I'm not on these photos as it was an 'e-engagement'). Moreover I did not visit her until April 2016 (when I got married), so no photos of us together until then.

• In addition I note that on your application you state you are financially supported by your sponsor but you have provided no evidence whatsoever to demonstrate this support

I was not even aware I was required to provide this evidence as part of EEA Family permit. I clearly stated on the application that she is supported by me AND her parents.

The Refusal

• In view of your failure to provide satisfactory evidence, I am not satisfied that you are the family member of an EEA national in accordance with Regulation 7 of the Immigration (EEA) Regulations 2006
• The case officer therefore refuses my EEA Permit application as they are not satisfied that I meet all requirements of regulation 12 of the immigration (EEA) regulations 2006

Based on the above, would it be unreasonable to send the VFSGlobal office in Pakistan a complaint letter and to handle my next application with priority? I did after all submit sufficient evidence pertaining my relationship after my marriage, including original certificate in English, etc.

I just can't believe they would literally look past all the evidence given just to nitpick on something like that. I could send them 1000s of pages of chat logs, but given how easy it is to forge chat logs I don't really understand how they hold any meaning on top of actual photographic or video evidence.

As always any help is appreciated on how to proceed,

I'm going to most likely re-apply with chat logs dating February/March 2015, photos of engagement (of her only), updated cover letter explaining the situation and how they're asking for evidence not required (financial primarily) and finally possibly threaten to make a complaint to the UKBA/EU Commission as I feel my rights are not being upheld as I provided more-than-satisfactory evidence, perhaps I provided too much evidence for them to find a reason to reject (then again, anything prior to marriage should really be a moot point).

My questions is do I need to update all evidence given again? (I provided 2-3 wage slips, employer letter dated Nov 2016 now, etc). I don't mind updating the wage slips but getting another letter is just extra hassle, moreover I hold a Registration Certificate as well.

Thanks again.

[srn750]

I've reapplied with a lot more evidence now than necessary,

My question is if I'm allowed to appeal and apply at the same time? After reading more it seems the ECO had no clue about his own job and just wanted to refuse us on invalid basis.

We have a letter for tribunal given with the refusal letter, how long does this take on average? I take it we're not allowed to apply at the same time.

Thanks.

[srn750]

An update that I re-applied for the 2nd time with more evidence and was successfully granted visa for my wife. I sent in a some-what angry cover letter pointing out the refusal reasons being in direct violation of the EU law for our application regarding our previous application.

2nd EEA Family Permit application:
Online application: 31st of January
Biometrics/Appointment: 1st of February
Received: 3rd of February
Returned and approved for visa: 17th of February

Lahore Branch (Pakistan)

[Nemmy]

Congratulations!

[srn750]

Thanks, it seems the permit attached actually shows the visa was approved on the 8th of February (though having it sent to Pakistan probably took another week).

[Tufail101]

hi .Congratulations.
i have applied for my wife in the same way 24th fab.i may need some help if its refused .would i be able to contact you ?