EEA family permit ( fiance )

Doo · Post by **Doo** » Fri Dec 30, 2011 12:24 pm

Hello ,

i will make it short , i know a Lithuanian girl since august 2009 via internet , we've been together until June 2011 when she came to Algeria to meet me , now she is working in Uk a full time job, and renting a flat, i applied for an EEA family permit as a fiance , i provided , emails , letters , pictures together in Algeria in different places , i have submit my application on the 24 of November 2011, still no answer .

my question is : being a fiance will this reduce my chances to get a positive answer , and the fact that we met once in 3 years will this affect my application ?

Thanks in advance

Post by **Obie** » Fri Dec 30, 2011 1:29 pm

I hate to say this, but i suspect you will not succeed with this application.

The EEA regulations makes no provision for for fiance of EEA national, such people are not considered as durable partners, and therefore given no consideration under Regulation 8(5). In order to be considered as a durable partner, you will need to show a relationship of cohabitition existing over a period of 2 years, which i believe you will be unable to provide.

However Fiance of EEA national are covered under Paragraph 290-295 by virtue of the provisions made under 290A

You will have to pass the English language exam, pay the appropriate visa fee, and meet the accommodation and maintenance requirement, in order to qualify under this category.

Doo · Post by **Doo** » Fri Dec 30, 2011 4:17 pm

thanks Obie for your quick answer ,

let's say i wont succeed with my application what would you suggest me to do , which visa i should apply ? knowing that :

- i have translation Degree ( English ; French ,Arabic )
- TOFEL score : 76 ( B1 )

and it would be kind to provide me with a link to the correct visa i should apply for .

many thanks .

EDIT : as per the link you gave , i meet all requirement stated , and i can't see where they ask for cohabitation , as i understand , i have chances but they are very small comparing to married couple . Also if i have to pay fee
when i'll be asked for ? or i have to wait for the refusal and apply again ? knowing that at the worldbridge they guided me to apply for EEA FP ,because i was wrong at first and applied as UK national fiancé visa , so they should have tell me about any fee i have to pay don't you think so ?

Doo · Post by **Doo** » Sun Jan 01, 2012 8:36 pm

Can anyone comment on my Topic please ?

Post by **Obie** » Mon Jan 02, 2012 2:02 am

I don't know about what went on with you and Worldbridge, so it would be wrong for me to comment on whether they were wrong or not.

Here is the link which provides details of everything you need to know.

Doo · Post by **Doo** » Mon Jan 02, 2012 11:24 am

thank you again Obie,

so as i understood , all Fiance whether EEA fiance or British citizen fiance will have to apply under the regulation of British law ? fee + accommodation and treaty rights .

nonspecifics · Post by **nonspecifics** » Mon Jan 02, 2012 12:14 pm

No, I believe what you are being told is that:

It is very unlikely that you will be accepted as a fiance under EEA regulations - which would have allowed you to avoid using the UK immigration rules and avoid the fees.

If you read other cases here, there are couples who stated they lived together who are being denied family permits and residence cards, as UKBA claim they are relationships of convenience.

Unmarried partners are supposed to have been living together for 2 YEARS to be accepted as partners in a durable relationship.

That being the case, how do you think UKBA will view a relationship where the partners have met once in three years?

How long did she spend with you in Algeria?

Doo · Post by **Doo** » Mon Jan 02, 2012 2:00 pm

thanks nonspecifics for your contribution ,

first of all , we live in different countries, when i met my GF online she was living in Lithuania , in 2010 she moved to Uk with her sister she spent one year , she has no income so she cant afford coming to me , in june 2011 she came to Algeria for 10 days .

UKBA gave conditions , i have all what they ask, i provided evidences of my relationship , emails from 2009 until 2011 , pictures , letter .

yes i know many people have relationships of convenience , but i don't know how to prove the contrary , regarding my situation i couldn't afford to meet my love, we were talking Via skype and FB and email all the time on a daily basis ,and for the : '' Unmarried partners are supposed to have been living together for 2 YEARS to be accepted as partners in a durable relationship. '' was not mentioned under the fiance Eligibility :

UK fiance visa - eligibility
To qualify for a fiance visa you must satisfy the following criteria:

You and your future spouse must be at least 18 years of age.
You and your future spouse must have met each other.
You and your future spouse must intend to live together on a permanent basis once you are married.
You must show that any previous relationship that you or your partner were involved in (whether it be as a married or an unmarried couple) has ended.
You and your future spouse must have sufficient funds to support yourselves (and any dependants) without claiming public funds.
You must have suitable accommodation available for you, your future spouse and any dependants.

Post by **Obie** » Mon Jan 02, 2012 2:28 pm

Unlike a Unmarried partner application under national immigration law, or a Durable partnership relationship under the EEA regulation, there is no requirement to have been in a relationship for a period of time in order to qualify for a fiance Visa.

However to obtain a Fiance visa, OP will need to satisfy the Entry Clearance officer that they both are free to get married, and he will be getting married within a 6 months period.

nonspecifics · Post by **nonspecifics** » Mon Jan 02, 2012 4:02 pm

Are EU nationals allowed to sponsor as a "settled person" under the UK immigration rules before the EU national has permanent residence status in the UK?

I ask this, as the EEA national's own residence in the UK is conditional on the basis that they must be exercising treaty rights, so they are not free from immigration restrictions.

Doo · Post by **Doo** » Mon Jan 02, 2012 5:21 pm

as i understood , treaty rights is when you are a''qualified person '' which my GF is , so yes you are considered as a settled person if you are an EU and qualified person

Post by **Jambo** » Mon Jan 02, 2012 6:26 pm

"settled" in UK immigration context means having a Permanent REsidence status in the UK which EEA citizens achieve after 5 years so unless your girlfriend has been exercising treaty rights for 5 years in the UK, you can't use the fiancé visa route.

Post by **Obie** » Mon Jan 02, 2012 6:31 pm

An EEA national does not become settled in the UK until they have acquired PR, which in most cases means, exercise of treaty right for 5 years.

Paragraph 290A as i stated earlier makes provision for EEA national to be treated as settled for the purpose of a fiance visa only.

This is to ensure EEA nationsls are not treated less favourably than British or other settled person.

Post by **Jambo** » Mon Jan 02, 2012 7:12 pm

Thanks Obie for clarifying the point. So please ignore my previous comment about eligibility for fiancé visa.

nonspecifics · Post by **nonspecifics** » Mon Jan 02, 2012 7:21 pm

Ta Obie. I get it now.

It says : "290A. For the purposes of paragraph 290 and paragraphs 291 - 295, an EEA national who holds a registration certificate or a document certifying permanent residence issued under the 2006 EEA Regulations (including an EEA national who holds a residence permit issued under the Immigration (European Economic Area) Regulations 2000 which is treated as if it were such a certificate or document by virtue of Schedule 4 to the 2006 EEA Regulations) is to be regarded as present and settled in the United Kingdom."

As, the Lithuanian fiancee was A8 they will have had to apply for WRS and so will have a registration document.

Doo · Post by **Doo** » Mon Jan 02, 2012 7:43 pm

ok , let's say my application will be refused , how should i proceed ? i am addressing to Obie here .

what steps or what application should i apply for , also, this February she will come and we will prepare for civil marriage here in Algeria , and it will take time , would it be also'' suspicious'' to apply just after the ceremony ? because i get really confused here and make my self look like i am doing a fraud or something to get Visa

Post by **Obie** » Tue Jan 03, 2012 2:42 pm

What steps you decide to take is entirely up to you.

If you say she will be going to Algeria this coming February, then it seems pointless to proceed with a fiance visa, as the fiance visa is for couples who are engaged to get married, and shortly after the entry into the Uk of the fiance, a marriage will follow in the UK.

In your situation, perhaps you should wait until after the marriage has completed and apply for an EEA family Permit instead. This is cost free and no requirement to take or pass the english test for it.

Nimitta · Post by **Nimitta** » Thu Jan 05, 2012 9:44 am

nonspecifics wrote: It says : "290A. For the purposes of paragraph 290 and paragraphs 291 - 295, an EEA national who holds a registration certificate or a document certifying permanent residence issued under the 2006 EEA Regulations (including an EEA national who holds a residence permit issued under the Immigration (European Economic Area) Regulations 2000 which is treated as if it were such a certificate or document by virtue of Schedule 4 to the 2006 EEA Regulations) is to be regarded as present and settled in the United Kingdom."

Now I got it. Thanks! I know a nonEEA citizen who came to the UK as a fiancee of a settled person to a French citizen who had lived in the UK for 6 months only. So it is in the 290A! Thanks a lot!

And I know one Ukrainian girl who went to the UK on EEA FP visa as a fiancee of EU citizen. She got the visa all right.

Doo · Post by **Doo** » Thu Jan 05, 2012 11:49 am

ohh nimitta you made my day ,

i hope i'll get positive answer as well

thank you

Doo · Post by **Doo** » Mon Jan 16, 2012 7:57 pm

hello Again i just Got answer from the Worldbridge services ,

i made a complaine about the delay , they replied me with the following :
''
In regards to your question, we would like to let you know that due to the nature of your request it is being escalated for detailed research. Please be informed that we understand the importance of your issue, and we strive to respond as quickly and thoroughly as possible.

so , i was telling my self that it must be because i am a finace that's why it took that long , then later this evening i got an other email telling :
Dear Sir

A decision was made 04/01/2012 on your application. Please be patient and await contact with the VAC to collect your docs.

Kind regards

UK Visa Section

i'll will update you with the verdict as soon as i get it , i Hope it would be positive ^^

thanks Again for this Forum and for the Admins and the gurus

salam

Doo · Post by **Doo** » Sat Jan 28, 2012 5:56 pm

Hello again ,

i have my Visa finally . on the 26th of January , EEA FP as a fiancé ( Met once in 3 years )

apply on 23th November 2011
answer 26th january 2012

thank you all

Post by **Obie** » Sat Jan 28, 2012 6:31 pm

I have to say i am pleased as well as surprised.

The EEA regulations makes no provision for EEA family permit for fiancee who have not cohabited for 2 years or more.

This is clearly an error, but i am pleased for you, that you benefited.

I wish you every success for the future.

Doo · Post by **Doo** » Sun Jan 29, 2012 11:57 am

Thanks Obie for you kind words .

what you can advice me , how to proceed after the marriage is done , i apply for EEA2 ?

Post by **Obie** » Sun Jan 29, 2012 5:30 pm

I believe you are right, that is the way to proceed once your marriage has been concluded.

Nimitta · Post by **Nimitta** » Thu Feb 02, 2012 6:55 am

Obie wrote:I have to say i am pleased as well as surprised.

The EEA regulations makes no provision for EEA family permit for fiancee who have not cohabited for 2 years or more.

This is clearly an error, but i am pleased for you, that you benefited.

So, he got EEA FP free of charge and without the language test? Yes, it is an error.

Congratulations, Doo! On the UKBA website it is clearly explained that they fiancée of EEA citizens can come to the UK, but under UK domestic rules - pay the usual fee etc. Well, they should not have called the visa for fiancee of EEA citizens "EEA FP" in the first place. That was a mistake.

HO workers would mix up even simple things.

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