children's for non eea family member marier to eea

doudou · Post by **doudou** » Sun Jul 10, 2011 9:10 pm

Hi,
could you help me please?I am a non eea citizen marrier to a eea for the past 4 yrs and I have two kids from the previous marriage who they mother past aways in 2005 in Africa so I am the only parent and have been supporting them with my wife all the ways.last years they had a shengen visa for eea familly member for 1yrs and they flee to germany.whille they were in germany we apply for eea familly member to join us in the UK and it has being refused with the raison that my wife did not produce the original of the passport and the marriage certificat wish was not truth wathever we made and appel and we will wait for six month before we attending the Hearing. Can I travel with the children's via calais in my car? so they can go to school in september?before hearing.
Thank you for you advice may god help you

Post by **PaperPusher** » Sun Jul 10, 2011 9:44 pm

Why not apply again?

doudou · Post by **doudou** » Sun Jul 10, 2011 9:49 pm

they shenguen visa has expired

Post by **Directive/2004/38/EC** » Mon Jul 11, 2011 3:37 pm

Are you living in the UK with your wife?
Is your wife working?
Where are the children presently living and with who?
Do you have the children's birth certificates and the dead certificate of their mother? Are you listed as the father on their birth ceertificate?

What exactly, word for word, did UKBA write in refusing your FP?

doudou · Post by **doudou** » Mon Jul 11, 2011 8:19 pm

Hi thank you for you time
I live in UK with my wife and she is working in the same company since 2006.
The children's are in Germany with my wife and My name is in the Birth certificat and I also have the death certificat of they mother.
On the refusal letter the HO said; Faillure to produce the mother original passport or parent's marriage certificat as requested, we are not satisfied that you are related to the EEA national as claimed.
Thank you

Post by **Directive/2004/38/EC** » Mon Jul 11, 2011 8:37 pm

So you would have had to produce the following for the British:
(1) Your marriage certificate (to your EU wife)
(2) Your wife's EU passport or ID card
(3) Your children's birth certificate (usually with your name on it)
(4) your children's mother's death certificate (and maybe her old passport if you had it).

(4) is maybe optional but (1), (2) and (3) would be required. Did you produce them all?

Were they complaining about lack of documentation about your EU wife, or about the mother of the children?

Why are you worried about the Schengen visa expiring exactly?

doudou · Post by **doudou** » Mon Jul 11, 2011 8:47 pm

I had produced all the document you have stated,
I think the probleme was from the man in worlbridge visa application in berlin.arfter made a copie of all relevant document , my wife passport,and the mariage certificat he did not put it in the enveloppe before foward it to british consulat.
they request my wife passport not they biological mother passport and our marriage certificat,
thank you very much for you time looking foward to read you again

Post by **Directive/2004/38/EC** » Mon Jul 11, 2011 8:52 pm

Are you in Berlin right now? Can you reapply tomorrow?

And again, what is your concern about the Schengen visa?

doudou · Post by **doudou** » Mon Jul 11, 2011 8:59 pm

I am in England but my wife is in Berlin with the children's
we can not reapply because to apply we need at least 6mths visa in the children's passport.
They came in germany since 2010 with 1 yrs shengen visa so it is now expired
thank you

Post by **Directive/2004/38/EC** » Mon Jul 11, 2011 9:24 pm

Why do you think you need at least 6 months visa in the kids passport? Can you send me a link.

Since this is a primary family relationship, you could also travel using the following option http://eumovement.wordpress.com/2010/08 ... to-travel/ This is easiest if you take the car ferry to the UK

doudou · Post by **doudou** » Sun Aug 21, 2011 5:28 pm

Directive/2004/38/EC wrote:Why do you think you need at least 6 months visa in the kids passport? Can you send me a link.

Since this is a primary family relationship, you could also travel using the following option http://eumovement.wordpress.com/2010/08 ... to-travel/ This is easiest if you take the car ferry to the UK

HI I have being in germany to the childrens via car ferry big was my surprise went the immigration officer let us go trough without any question and without stamping our passport either my childrens passport without uk visa.now i am confuse

Post by **Directive/2004/38/EC** » Sun Aug 21, 2011 6:09 pm

doudou wrote:HI I have being in germany to the childrens via car ferry big was my surprise went the immigration officer let us go trough without any question and without stamping our passport either my childrens passport without uk visa.now i am confuse

If I understand correctly, you have travelled from Germany to the UK with the children. And entry into the UK went very smoothly.

Did the UK border officers look through the children's passports?
Did they look at your birth certificates for the children?

What are you confused about?

doudou · Post by **doudou** » Mon Aug 22, 2011 5:41 am

Directive/2004/38/EC wrote:
doudou wrote:HI I have being in germany to the childrens via car ferry big was my surprise went the immigration officer let us go trough without any question and without stamping our passport either my childrens passport without uk visa.now i am confuse
If I understand correctly, you have travelled from Germany to the UK with the children. And entry into the UK went very smoothly.

Did the UK border officers look through the children's passports?
Did they look at your birth certificates for the children?

What are you confused about?

yes they do look through the passport and birth certificat of the childrens but they did not put any stamps in they passports.can they claim child benefit without stamp in the passport?

Post by **Directive/2004/38/EC** » Mon Aug 22, 2011 11:27 am

Well first of all, welcome to the UK to the little ones!

I am curious: UKBA looked through the passports and birth certificate. Did they ask for information about the children's mother? Did they leave you for a while to consult with their superior officers?

If the passports were not stamped with Code 1A, then I suspect it is going to be difficult to initially get access to services. You should be able to get them registered for school though.

I guess you have two options now: get a Code 1A stamp, or apply for a Residence Card for them.

Getting a Stamp 1A will likely be difficult if you are already in the UK. I doubt anyone within UKBA will know who could do it or that anyone would be willing to do it. I am just guessing here, as I do not know their policy. But I guess it would be difficult. Call UKBA and see.

Or you can apply for a Residence Card. I would be sure to ask for Priority Processing for the application. Usually the applications take 3 months, but with priority processing it should be faster.

For a RC application, you will have to send off their passports, your passport, your marriage certificate and your wife's Ausweiss or passport with the application. So before you do that, make sure the kids are fully registered in school (they will likely need to see some of those documents), and registered with the doctor (they may also need some of those documents).

When you send the Residence Card application, be sure to keep copies of EVERYTHING and to send it by Special Delivery.

Ben · Post by **Ben** » Mon Aug 22, 2011 11:29 am

What is Code 1A?

Post by **Directive/2004/38/EC** » Mon Aug 22, 2011 11:42 am

Ben wrote:What is Code 1A?

It is the entry stamp that UKBA issues to (among others) people who are family member of EU citizens but do not have the required EEA Family Permit. See http://eumovement.wordpress.com/2010/08 ... to-travel/ for some extracts from UKBA procedures manuals.

doudou · Post by **doudou** » Mon Aug 22, 2011 11:59 am

Directive/2004/38/EC wrote:
Ben wrote:What is Code 1A?
It is the entry stamp that UKBA issues to (among others) people who are family member of EU citizens but do not have the required EEA Family Permit. See http://eumovement.wordpress.com/2010/08 ... to-travel/ for some extracts from UKBA procedures manuals.

Hi thank you for you help I have forgot to mention that went childrens were in germany,the appel was loge this morning i have receive the letter from first tier tribunal that childrens appel is allowed.now all my body is shaking what can i do please?
thank for you help

Post by **Directive/2004/38/EC** » Mon Aug 22, 2011 12:08 pm

Was this an appeal you filed because the children were refused an EEA Family Permit?

doudou · Post by **doudou** » Mon Aug 22, 2011 12:12 pm

Directive/2004/38/EC wrote:Was this an appeal you filed because the children were refused an EEA Family Permit?

yes

Post by **Directive/2004/38/EC** » Mon Aug 22, 2011 12:23 pm

First of all, well done on the appeal. It always feels so nice to win!

Well it looks like that maybe gives you a possible additional option to the two I mentioned previously.

You could, possibly, send the passports to Germany for an EEA Family Permit to be issued into the passport. It is unclear how long this would take. But if they had this, then they have proof of their right to live in the UK, valid for 6 months.

But I am not actually sure this is a useful option. The British embassy will likely still take a long time to issue the EEA FP - you hear of 1 to 2 months, though it likely depends a lot on the details of your case and how busy they are.

Also, you are already in the UK, so that part of the EEA FP is not so useful. You really need to apply for a Residence Card. And as I said, you can probably get priority processing for the RC application, and even if you can not the wait time is likely 3 months.

doudou · Post by **doudou** » Mon Aug 22, 2011 12:35 pm

Directive/2004/38/EC wrote:First of all, well done on the appeal. It always feels so nice to win!

Well it looks like that maybe gives you a possible additional option to the two I mentioned previously.

You could, possibly, send the passports to Germany for an EEA Family Permit to be issued into the passport. It is unclear how long this would take. But if they had this, then they have proof of their right to live in the UK, valid for 6 months.

But I am not actually sure this is a useful option. The British embassy will likely still take a long time to issue the EEA FP - you hear of 1 to 2 months, though it likely depends a lot on the details of your case and how busy they are.

Also, you are already in the UK, so that part of the EEA FP is not so useful. You really need to apply for a Residence Card. And as I said, you can probably get priority processing for the RC application, and even if you can not the wait time is likely 3 months.

thank you
please what is the priority processing?how to do it?and what they needs?
thank you

Post by **Directive/2004/38/EC** » Mon Aug 22, 2011 12:45 pm

doudou wrote:can they claim child benefit without stamp in the passport?

Yes they can get child benefit. They are your children, (I assume) are under 16 or are in education, and they are not subject to immigration control because they are family members of an EU citizen (though you may have a hard time proving that until you get the RC).

See http://www.hmrc.gov.uk/childbenefit/sta ... ualify.htm and (the partly incorrect) http://www.hmrc.gov.uk/childbenefit/sta ... als-uk.htm

So this makes three things you should do before you give your passports to anyone:

(1) Register the kids for school
(2) Register at a doctor
(3) register for child benefit

doudou · Post by **doudou** » Mon Aug 22, 2011 12:53 pm

Directive/2004/38/EC wrote:
doudou wrote:can they claim child benefit without stamp in the passport?
Yes they can get child benefit. They are your children, (I assume) are under 16 or are in education, and they are not subject to immigration control because they are family members of an EU citizen (though you may have a hard time proving that until you get the RC).

See http://www.hmrc.gov.uk/childbenefit/sta ... ualify.htm and (the partly incorrect) http://www.hmrc.gov.uk/childbenefit/sta ... als-uk.htm

So this makes three things you should do before you give your passports to anyone:
THANKS
done with a doctor and school will do child benefit todays
thank you so much for your support

(1) Register the kids for school
(2) Register at a doctor
(3) register for child benefit

Post by **Directive/2004/38/EC** » Mon Aug 22, 2011 1:44 pm

I think there was a problem in your last post...

doudou · Post by **doudou** » Fri Aug 26, 2011 8:39 pm

Directive/2004/38/EC wrote:First of all, well done on the appeal. It always feels so nice to win!

Well it looks like that maybe gives you a possible additional option to the two I mentioned previously.

You could, possibly, send the passports to Germany for an EEA Family Permit to be issued into the passport. It is unclear how long this would take. But if they had this, then they have proof of their right to live in the UK, valid for 6 months.

But I am not actually sure this is a useful option. The British embassy will likely still take a long time to issue the EEA FP - you hear of 1 to 2 months, though it likely depends a lot on the details of your case and how busy they are.

Also, you are already in the UK, so that part of the EEA FP is not so useful. You really need to apply for a Residence Card. And as I said, you can probably get priority processing for the RC application, and even if you can not the wait time is likely 3 months.

HI THNK YOU FOR YOU ADVICE THIS IS REALY HELPFULL
COULD YOU PLEASE TEL WHAT IS A PRIORITY PROCESSING AND HOW TO DO IT PLEASE?

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children's for non eea family member marier to eea

children's for non eea family member marier to eea