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Vaf5 family permit?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Vinayak
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Vaf5 family permit?

Post by Vinayak » Sat Dec 31, 2011 12:34 pm

I was going through these threads and i thought i would ask you a question. I am somewhat in the same position canceriion is in as i have applied for an vaf5 permit on 21 november 2011 and as of today still heard nothing from the ukba. I applied at the cochin office in south india, I made a few calls to enquire about where my application has been forwarded to, and found its been forwarded to chennai British high commision.

I feel my case is bit more complex, as i have an irregular immigration history with uk and i have applied for an eea2 unmarried partner visa, which falls under the extended family. I was refused and appealed the judge said that he cannot find the relationship durable but he mentioned that there was a romantic relationship between the two. I appealed again which was refused.

Now i made an application based on the fact that we are now married, so i am not sure if they would take a long time to decide on my visa or shall i wait?. I am confused so i thought i would seek some advice hence the email.

Once again thanks very much for your very informative posts and hopefully you would find time to answer my query.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sun Jan 01, 2012 4:24 am

When had you applied as an unmarried partner. How long had you been together at that point?

And how long have you been married now?

Where is the EU citizen physically? Have they been recently in the UK?

Vinayak
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Post by Vinayak » Sun Jan 01, 2012 2:12 pm

we had been together for about 3 years but i didnt have the burden of proof that we were together for 3 years except for cards. we got married in this october 2011. my wife is in uk right now and yes she is been in the uk for the last five years.

Vinayak
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Post by Vinayak » Sun Jan 01, 2012 3:28 pm

Also when i applied i had submitted photos,payslips,p60s, bank statements, letter from her employer. This is the first new year and christmas we spent time apart. I feel the ECO is taking an unusually long time with my application. i havent emailed or phoned the bhc directly. I always made my enquiries with the vfs. I am thinking of writing them a detailed email on tuesday as they are now closed till monday because of new years.

I am really confused what shall i do?

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Post by Directive/2004/38/EC » Mon Jan 02, 2012 12:19 am

Where did you marry and how much time have you spent together?

Vinayak
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Post by Vinayak » Mon Jan 02, 2012 5:39 am

we got married in goa and we were there for a period of 3 weeks and she had gone back to uk. we been together for about 3 years as our relationship started back in 2008, we used to study at the same college and thats how we met.

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Post by Directive/2004/38/EC » Mon Jan 02, 2012 1:11 pm

There is enough history there from what you describe. I would complain formally to http://www.ukba.homeoffice.gov.uk/about ... complaint/

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Post by Vinayak » Mon Jan 02, 2012 1:43 pm

yeah there is enough history, Before i left uk there was a confusion with home office and got my paper work mixed up as the solicitors then dealing with the case forwarded my paper work and tickets confirming i was leaving uk. I left uk on 1 sept 2011 and the day before i had to call up the home office and they were completely unaware of the fact that i was supposed to go so they could release my passport at the airport . i was asked to go to the nearest police station where a few immigration officers met me and had a chat with me about all the issues that were going must say very friendly guys and asked me if i intent to come back to the uk, i said yes they gave me their office phone numbers just in case i have some problems when applying and yes they my wife then as well and they did say if they call you for an interview it would be better as they could see you both are a genuine couple. But taking this long is bit stress full. Also i was wondering shall i try and get in touch with the office where its been forward to or shall i make complaint on the link above?

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Jan 02, 2012 8:07 pm

I am not sure who you would get in touch with directly.

Vinayak
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Post by Vinayak » Wed Jan 11, 2012 6:03 pm

I just got the passport with the family permit on it. I am so happy..:) Thanks a lot Directive/2004/38/EC.

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Post by Directive/2004/38/EC » Wed Jan 11, 2012 11:13 pm

If you have not already complained, please do so now!

Vinayak
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Post by Vinayak » Wed Jan 11, 2012 11:32 pm

I complained with all the Directives Article 5 -- Right of entry
And also The Immigration (European Economic Area) Regulations 2006 that you posted on another post...and voila its done the next day and the constant phone calls.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Thu Apr 05, 2012 9:08 am

So are you in the UK now? Any problems or issues?

Vinayak
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Post by Vinayak » Wed Apr 11, 2012 1:36 am

I had a bit of trouble with the immigration officer at the border as if he was not happy to see me..lol he was asking me a lot of questions like how we met where is ur wife from etc. I am yet to apply for my eea2 i might do it tomorrow as they really seem to enforce the six month rule militantly i might as well get started. I was hoping it would be quicker as they vetted
Me once in india. Again Mr. Directive i really appreciate all your help as you did guide me through some pressing times.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Wed Apr 11, 2012 3:21 pm

Vinayak wrote:I had a bit of trouble with the immigration officer at the border as if he was not happy to see me..lol he was asking me a lot of questions like how we met where is ur wife from etc. I am yet to apply for my eea2 i might do it tomorrow as they really seem to enforce the six month rule militantly i might as well get started. I was hoping it would be quicker as they vetted Me once in india. Again Mr. Directive i really appreciate all your help as you did guide me through some pressing times.
You are not required to apply for RC, but can do it. Should take about 3 months. Should be no problem though.

Vinayak
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Post by Vinayak » Wed Apr 11, 2012 6:03 pm

I suppose once you have the Rc, travelling becomes a bit more easier..Well i put it up here what's happening...once i apply..

chtahir
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Not received a reply.

Post by chtahir » Tue Apr 17, 2012 5:40 pm

Hi,

I am in similar situation.
I am an EU national living and working in UK for more than 5 years.
got married in October 2011.
my wife applied for VAF5 in Islamabad on 27 feb 2012 and I still haven't received a reply back from them.

is this usual? (as i thought VAF5 was supposed to be speed-ed up process)

Thanks

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Re: Not received a reply.

Post by Jambo » Tue Apr 17, 2012 5:52 pm

chtahir wrote:Hi,

I am in similar situation.
I am an EU national living and working in UK for more than 5 years.
got married in October 2011.
my wife applied for VAF5 in Islamabad on 27 feb 2012 and I still haven't received a reply back from them.

is this usual? (as i thought VAF5 was supposed to be speed-ed up process)

Thanks
According to the Visa processing times page, Islamabad takes up to 60 days to decide on a EEA Family Permit application which is significantly long. I would complain now.

EUsmileWEallsmile
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Re: Not received a reply.

Post by EUsmileWEallsmile » Tue Apr 17, 2012 8:15 pm

chtahir wrote:Hi,

I am in similar situation.
I am an EU national living and working in UK for more than 5 years.
got married in October 2011.
my wife applied for VAF5 in Islamabad on 27 feb 2012 and I still haven't received a reply back from them.

is this usual? (as i thought VAF5 was supposed to be speed-ed up process)

Thanks
Your application should take no more than three weeks. If this time is exceeded, feel free to complain. You are well over that time limit now.

As a matter of interest, were you asked to provide a TB cert with your application?

chtahir
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Re: Not received a reply.

Post by chtahir » Wed Apr 18, 2012 12:37 pm

How and where do I file a complain ? I got in touch with Gerrys (company collecting the docs on behalf of UKBA in Pakistan) and they told me it can take up to 16 weeks, which seems to be to much.


Btw yes and we did provide them with the TB certf. we where asked by Gerrys when submitting the application
Last edited by chtahir on Wed Apr 18, 2012 12:48 pm, edited 1 time in total.

chtahir
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Post by chtahir » Wed Apr 18, 2012 12:46 pm

Sorry just noticed the link above for complaints,
which option do I choose(website is not as easy to navigate).

does anyone have the email address I can send my complain to?
and What exactly should I /should I not say ?
as you can imagine I don't want it to have a negative affect on the application.

Thanks for your help guys, its v much appreciated.

Jambo
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Post by Jambo » Wed Apr 18, 2012 1:21 pm

chtahir wrote:does anyone have the email address I can send my complain to?
and What exactly should I /should I not say ?
as you can imagine I don't want it to have a negative affect on the application.


See Complaints in Pakistan for contact details.

Write that you made an application under Regulation 12 of The Immigration (European Economic Area) Regulations 2006 - "Issue of EEA Family Permit" and such application should be dealt with priority.

You can also point them to their own guidance which states:
How quickly do I need to issue an EEA family permit? wrote:Priority must be given to applications for EEA family permits. Wherever possible a decision should be made at the time it is lodged or after an interview is conducted.
Complaining should not affect your application.

Directive/2004/38/EC
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Re: Not received a reply.

Post by Directive/2004/38/EC » Wed Apr 18, 2012 1:49 pm

chtahir wrote:Btw yes and we did provide them with the TB certf. we where asked by Gerrys when submitting the application
What exactly were you asked for by Gerrys?

Is anything in writing?

Did you have to pay for it?

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Post by EUsmileWEallsmile » Wed Apr 18, 2012 9:02 pm

Jambo wrote:
chtahir wrote:does anyone have the email address I can send my complain to?
and What exactly should I /should I not say ?
as you can imagine I don't want it to have a negative affect on the application.


See Complaints in Pakistan for contact details.

Write that you made an application under Regulation 12 of The Immigration (European Economic Area) Regulations 2006 - "Issue of EEA Family Permit" and such application should be dealt with priority.

You can also point them to their own guidance which states:
How quickly do I need to issue an EEA family permit? wrote:Priority must be given to applications for EEA family permits. Wherever possible a decision should be made at the time it is lodged or after an interview is conducted.
Complaining should not affect your application.
I would concur that making a complaint should not affect your application. You are entitled to a free, facilitated visa issued under an accelerated procedure. Don't be afraid to complain.

EUsmileWEallsmile
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Re: Not received a reply.

Post by EUsmileWEallsmile » Wed Apr 18, 2012 9:04 pm

chtahir wrote: Btw yes and we did provide them with the TB certf. we where asked by Gerrys when submitting the application
This requirement would not appear to be compliant with EU (or for that matter UK regulations). EU commission advice is clear that this cannot be asked for. Thank you for bringing this issue up.

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