EEA family permit-initial right of residence for 3 months

Wydmuch · Post by **Wydmuch** » Thu Dec 06, 2012 8:38 pm

Welcome Everybody

I am EEA national who had lived in UK for almost 8 years. At present i have already stayed for almost 6months in the Philippines with my recently married Wife who is not EEA national. My question is as follow; does the fact, that i will be soon staying here for over 6 months entitles me and my wife to obtain EEA family permit for her on the grounds of 'initial residence for 3 months' and the fact that i am here and we will be traveling together to UK?

Thank you in advance for reply.

Ben · Post by **Ben** » Fri Dec 07, 2012 9:37 am

Yes, so long as you are not a British citizen.

Wydmuch · Post by **Wydmuch** » Fri Dec 07, 2012 10:14 pm

No, I am not, I am Polish. Well i really hope that this is the case. I was thinking that perhaps it would be good idea to write in a declaration letter for my wife that i've been staying in the Philippines for over 6 months, so that if they perform check-up on me they won't be able to pin on me 'treaty rights'. Any thoughts on this one ?

The reason why i would like to take this particular route is because it wouldn't be easy for me to prove my 'treaty rights' from here and i really want to return with my Wife.

Post by **Directive/2004/38/EC** » Mon Dec 10, 2012 3:17 pm

For how long did you work in the UK? When was the last time you worked?

Do you have things and an ongoing life in the UK?

One way or another you can easily return to the UK with your wife.

Hope you have been keeping dry and safe with your wife! Mudslides sucks!

Wydmuch · Post by **Wydmuch** » Tue Dec 11, 2012 1:00 pm

Directive/2004/38/EC wrote:For how long did you work in the UK? When was the last time you worked?

Do you have things and an ongoing life in the UK?

One way or another you can easily return to the UK with your wife.

Hope you have been keeping dry and safe with your wife! Mudslides sucks!

Hi, Thanks for reply

I worked in UK for almost 8yrs changing jobs occasionally. I quit my job before coming here and left most of my things behind, so its been almost 6 months since i last worked and been to UK. I am thinking about stating in my declaration letter for my wife that, I've been staying here with her for more than six months and wish to travel together to UK and to support it with photocopy of my extended visas from my passport.Do you think it would be good idea? My reasoning is that UK border upon check up may have an idea that, i am resident or person living in UK and should exercise 'treaty rights' and on this ground refuse my wife's permit. I am also thinking whether or not should i state in that letter that i want to enter UK on the ground of initial 3 months. What do you think about all that? And yes thank you very much we are safe and dry, luckily there was no flood in our area, only raining constantly

aledeniz · Post by **aledeniz** » Tue Dec 11, 2012 1:30 pm

Wydmuch wrote:I worked in UK for almost 8yrs changing jobs occasionally. I quit my job before coming here and left most of my things behind, so its been almost 6 months since i last worked and been to UK.

If you worked for 5 consecutive years, you got PR status, even if you didn't get that certified. As far as I know, loosing that status requires 2 years of absence.

Wydmuch · Post by **Wydmuch** » Tue Dec 11, 2012 1:53 pm

aledeniz wrote:
Wydmuch wrote:
Directive/2004/38/EC wrote:I worked in UK for almost 8yrs changing jobs occasionally. I quit my job before coming here and left most of my things behind, so its been almost 6 months since i last worked and been to UK.
If you worked for 5 consecutive years, you got PR status, even if you didn't get that certified. As far as I know, loosing that status requires 2 years of absence.

If this is the case, would that mean that if i wish to travel with my wife to UK i need to first prove that i exercise treaty rights?

aledeniz · Post by **aledeniz** » Tue Dec 11, 2012 2:03 pm

Wydmuch wrote:If this is the case, would that mean that if i wish to travel with my wife to UK i need to first prove that i exercise treaty rights?

First of all, I should have written that answer in a more hypothetical form. In my own case 5 continuous working years were enough, but we cannot generalize, there are caveat (i.e. people from some countries had to register with the WRS).

What do you know about your status? If you have never applied for EEA3, would you still have the required documentation to apply (P60, bank statements, tenancy agreements and such) or to prove your status to the British Consulate there?

Post by **Directive/2004/38/EC** » Tue Dec 11, 2012 2:04 pm

Without knowing the details, I am going to assume you worked continuously in the UK for that time and so have PR. That is fine, but it is not worth mentioning right now as it does not bring you anything.

Once you have PR, it can only be lost by an absence of more than 2 years. And you no longer are required to exercise your treaty rights once you are in the UK.

But proving it takes a while and requires proof that you were working in the UK, which I suspect you do not have with you.

If I were in your situation I would plan a visit to the UK with my wife. If it works out, I could always decide you want to stay longer. And if it does not I would leave. See what happens...

An EEA family permit should be issued easily and quickly.

Do not ever lie on the application form. But you can definitely not answer questions about your present work, your wife's present work, your assets or your wife's assets. Not relevant for this sort of application!

Post by **Jambo** » Tue Dec 11, 2012 2:26 pm

In case you have missed the (subtle) hints Directive wrote:
- Don't mention you lived in the UK in the past.
- Don't mention you worked in the UK in the past (for example do not give your NI number)
- Apply as a Polish guy who wants to visit the UK with his wife.

Basically, two passport and a marriage certificate is all that is needed. Any additional data might complicate things (and is irrelevant for this type of application). Don't lie in the application but not answering questions is OK.

Wydmuch · Post by **Wydmuch** » Tue Dec 11, 2012 2:34 pm

Guru thank you very much, you are being very helpful and i appreciate that greatly.

If i may also ask you one more thing. Today we went to VFS Centre and we found out, that we need to apply thru uk border website and then make an appointment with them, on the other hand British Embassy seems to be unavailable at all if i wanted to apply there, they only allow email contact and seems they don;t want to make applications with them. Do you have any suggestion whether we should apply the way VFS informed us or seek other way?

Again greatly appreciate your help.

Post by **EUsmileWEallsmile** » Tue Dec 11, 2012 9:50 pm

Wydmuch wrote:Guru thank you very much, you are being very helpful and i appreciate that greatly.

If i may also ask you one more thing. Today we went to VFS Centre and we found out, that we need to apply thru uk border website and then make an appointment with them, on the other hand British Embassy seems to be unavailable at all if i wanted to apply there, they only allow email contact and seems they don;t want to make applications with them. Do you have any suggestion whether we should apply the way VFS informed us or seek other way?

Again greatly appreciate your help.

I believe what you need to do is fill-in an on-line, make an appointment to give biometrics and make the application.

start here

http://www.ukba.homeoffice.gov.uk/count ... %20English

Post by **Directive/2004/38/EC** » Tue Dec 11, 2012 9:52 pm

I should mention that the online application form often requires answers. But you can answer NA and then add an explanation that NA stands for Not Answered.

I think you apply online. And then it automatically generates an appointment with the people who take fingerprints. You typically do not see another person.

Are you located in Manila, so that you are close to the embassy?

Wydmuch · Post by **Wydmuch** » Wed Dec 12, 2012 8:55 pm

Thank you very much for all the responses.

Yes Directive we live here in Manila, before we apply we are just awaiting my wife's new passport. We also want to get copy of my passport confirmed by my Polish consulate here in Manila although i am not really so sure if this is really necessary.

Post by **Directive/2004/38/EC** » Thu Dec 13, 2012 1:43 am

Wydmuch wrote:We also want to get copy of my passport confirmed by my Polish consulate here in Manila although i am not really so sure if this is really necessary.

Not needed. You can submit either your polish ID card or your passport. No confirmation needed. But what exactly do you mean by "confirmed"?

Wydmuch · Post by **Wydmuch** » Thu Dec 13, 2012 2:50 am

on UKBA website it is stated that one of the requirements is copy of my passport endorsed by the embassy of eea national in country of application. So i understand that my embassy or consulate here in the philippines should somehow confirm copy of my passport as genuine one and state that it was done here in manila.

Post by **Directive/2004/38/EC** » Thu Dec 13, 2012 3:14 am

If you have an original polish ID card or passport you can submit that.

If you really want to get the certified copy then you can also do that.

I would tend to just submit a photocopy

Wydmuch · Post by **Wydmuch** » Thu Dec 13, 2012 3:39 am

Thank you Directive

Yes i would prefer also to just submit copy, although i am little afraid that for this reason it may be refused. Out of precaution i will probably get it certified.

Wydmuch · Post by **Wydmuch** » Thu Dec 13, 2012 4:11 pm

Jambo wrote:In case you have missed the (subtle) hints Directive wrote:
- Don't mention you lived in the UK in the past.
- Don't mention you worked in the UK in the past (for example do not give your NI number)
- Apply as a Polish guy who wants to visit the UK with his wife.

Basically, two passport and a marriage certificate is all that is needed. Any additional data might complicate things (and is irrelevant for this type of application). Don't lie in the application but not answering questions is OK.

Guys could you please tell me ,do i give them answers to questions like : what is the main reason to travel to UK , or where do you plan to stay in UK? there are a lot of these kind of questions.

Post by **EUsmileWEallsmile** » Thu Dec 13, 2012 8:10 pm

Wydmuch wrote:Thank you Directive

Yes i would prefer also to just submit copy, although i am little afraid that for this reason it may be refused. Out of precaution i will probably get it certified.

Despite the guidance on their website; the pdf guidance also on the same page says copy.

See the pdf http://www.ukba.homeoffice.gov.uk/sitec ... permit.pdf

Post by **EUsmileWEallsmile** » Thu Dec 13, 2012 8:14 pm

Wydmuch wrote:
Jambo wrote:In case you have missed the (subtle) hints Directive wrote:
- Don't mention you lived in the UK in the past.
- Don't mention you worked in the UK in the past (for example do not give your NI number)
- Apply as a Polish guy who wants to visit the UK with his wife.

Basically, two passport and a marriage certificate is all that is needed. Any additional data might complicate things (and is irrelevant for this type of application). Don't lie in the application but not answering questions is OK.

Guys could you please tell me ,do i give them answers to questions like : what is the main reason to travel to UK , or where do you plan to stay in UK? there are a lot of these kind of questions.

You can write, not relevant to this type of application.

Wydmuch · Post by **Wydmuch** » Fri Dec 14, 2012 12:37 pm

Hi Again

Please help me answer the question i have. Do i actually need to fill out application form online? , or can i just print it out and then fill out? and afterwards make an appointment with vfs global ? there are some questions regarding my wife's immigration history in UK, as what i understand i don't really need to answer them? however this is only possible to omit if i print out the application rather than fill it out online.

THank You . i will be really grateful for all your help.

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EEA family permit-initial right of residence for 3 months

EEA family permit-initial right of residence for 3 months