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VAF 5 application form

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Tue Mar 19, 2013 7:02 pm

If the EU national is employed, then finances are not relevant.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Tue Mar 19, 2013 7:27 pm

The "You" in the form applies to the applicant. The form is quite old and predates some important rulings, most notably Metock, which prohibited member states from insisting that family members had to live in another member state before benefiting from the directive.

Watandar
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Post by Watandar » Tue Mar 19, 2013 7:31 pm

EUsmileWEallsmile wrote:If the EU national is employed, then finances are not relevant.
Thank you for your quick reponse?

Do you maybe know if question 8.6 has to be answered by me EEA national or non EU spouse?

Question 8.6: Your EEA Residency
Do you have a valid residence card or visa for an EEA member country

Watandar
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Post by Watandar » Tue Mar 19, 2013 7:33 pm

EUsmileWEallsmile wrote:The "You" in the form applies to the applicant. The form is quite old and predates some important rulings, most notably Metock, which prohibited member states from insisting that family members had to live in another member state before benefiting from the directive.
Oh ok thank you. So the question is directed to non EU spouse?

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Tue Mar 19, 2013 7:36 pm

Watandar wrote:
EUsmileWEallsmile wrote:The "You" in the form applies to the applicant. The form is quite old and predates some important rulings, most notably Metock, which prohibited member states from insisting that family members had to live in another member state before benefiting from the directive.
Oh ok thank you. So the question is directed to non EU spouse?
It is directed to the applicant, so in your case yes, the non EU spouse.

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Post by EUsmileWEallsmile » Tue Mar 19, 2013 7:38 pm

Watandar wrote:
EUsmileWEallsmile wrote:If the EU national is employed, then finances are not relevant.
Thank you for your quick reponse?

Do you maybe know if question 8.6 has to be answered by me EEA national or non EU spouse?

Question 8.6: Your EEA Residency
Do you have a valid residence card or visa for an EEA member country
It's been a while since I looked at the form, but from memory, this was put there to see if the non-EU national was living in another member state. If yes, no more questions. If no, more questions. The form is out of date.

Watandar
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Post by Watandar » Tue Mar 19, 2013 8:46 pm

Thank you for your help.

Wish me luck with my application. I do hope UKBA will process my application within 2 months.

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Post by Watandar » Sun Apr 21, 2013 2:40 pm

Hello,

We want to fill in the application form for my wife via www.visa4uk.fco.gov.uk. On the first page one has to indicate ''current location''. When we open the drop down menu ''Afghanistan'' is not mentioned in the list. And current location is required other we can not go further.

According to UKBA website, Afghans have to apply online (a few months ago that was not the case).

Can someone inform what to do?

Thank you!

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Post by EUsmileWEallsmile » Sun Apr 21, 2013 9:43 pm

You could put Pakistan, and then state in a covering letter where you are.

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Post by Watandar » Tue Apr 23, 2013 8:14 pm

Thank you for your reply. I have contacted Garry's and they also said I have to put Pakistan.
EUsmileWEallsmile wrote:You could put Pakistan, and then state in a covering letter where you are.

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Post by Watandar » Tue May 14, 2013 7:43 am

Goodmorning,

My wife was at Garry's visa centre in Islamabad to apply for EEA family permit. But she was refused because she did not had:

-TB certificate
- bank statements

I have read on this forum that these 2 documents are not required to submit as supporting document.

Supporting documents she did had with her were:
- pay slips
-employee letter
-copy of my Dutch passport (endorsed my Dutch embassy)
- wedding certificate + English copy
- wedding pictures

Can someone please advise if TB certificate and bank statement are required or not for EEA family permit and if it is not required who can I make sure Garry's in Islamabad is aware of this?

My wife has travelled all the way from Kabul to Islamabad and they just refused her.

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Post by EUsmileWEallsmile » Tue May 14, 2013 8:10 pm

No they are not required. Complain vigorously.

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Post by Watandar » Tue May 14, 2013 8:49 pm

EUsmileWEallsmile wrote:No they are not required. Complain vigorously.
Do I complain to UKBA or to Gerry's Pakistan?

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Post by EUsmileWEallsmile » Wed May 15, 2013 8:44 pm

I would complain to both simultaneously. Make sure you quote directive 2004/38/EC and 2006 regulations - with regards to visa "as soon as possible"; "every facility" "on the basis of an accelerated procedure".

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Post by Watandar » Tue May 21, 2013 8:15 pm

EUsmileWEallsmile wrote:No they are not required. Complain vigorously.
Good evening,

I know bank statement are not required but I hope someone can help me with the following: When my wife went to Gerry's they told he she has to submit TB certificate and 3 months bank statement.

She has a new appointment on Thursday. My wife got het TB certificate today from IOM. I have printed out bank statement from March, June, July and scanned it and sent it by e-mail. Is that a problem? Will they ask for the original bank statement or is a copy good enough?

I have my employee letter which I had requested in March from my employee, I have pay slips from November 2012 till April 2013. In case they refuse the bank statement and ask for the original, can my wife just submit the supporting documents without bank statements?

P.S. I have complained already about the treatment of my wife during her first appointment.

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Post by EUsmileWEallsmile » Wed May 22, 2013 8:13 pm

Given that they have ignored written material thus far, who knows what else they will ask for. Best of luck.

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Post by Watandar » Tue Jun 18, 2013 9:05 am

Goodmorning,

Are there any templates available on this forum in case UKBA does not respond within 3 weeks? I am trying to find some info about EU regulations proccesing EEA family permits as soon as possible and every facility" "on the basis of an accelerated procedure. We have handed in our application about 5 weeks ago but is still in process at High Commision according Gerry's.

Thank you for your assistance.

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Post by Watandar » Sun Jun 30, 2013 10:16 pm

Hi,

Our application has ben refused for the following reason and I quote:

''I am not satisfied that you meet all of the requirement of regulation 12 of the immigration (EEA) regulations 2006''

This decision was made because we did not submit any evidence on an ongoing relationship either prior or after our wedding date. And they state they are not satisfied that our marriage is not marriage of convenience

We had submitted the following (supporting) documents:
- marriage certificate + translation
- 4 pictures (because we recently got married)
-endorsed copy of my EU passport
- TB certificate (they would not accept my wives application without tb certificate)
- cover letter
- employee letter
- pay slips
- Non EU spouse passport

So I have downloaded invoices from 1 year of my credit purchase from Voipgain, I am making print screens of our recent facebook conversations and conversations which took before our marriage.

So if an application is refused, one can reapply immidiatly? Can we use the same application form or do we have to apply again online (The first application was on 21 May).

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Jul 01, 2013 6:57 am

Watandar,

Where was your wife applying?

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Post by Watandar » Mon Jul 01, 2013 7:36 am

Directive/2004/38/EC wrote:Watandar,

Where was your wife applying?
Hi,

Islamabad, but she is an Afghan national (Afghans have to apply in Pakistan).

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Post by Watandar » Mon Jul 01, 2013 6:22 pm

Hi,

We will apply Friday again. In addition to above mentioned documents, we will also add 3 more picture which were taken before and after the wedding. Voipgain invoice to show I have bought credit every month to call my wife and some facebook print screen messages from several months before the marriage and after the marriage.

UKBA have marked our marriage as marriage of conveniance because we did not submit any evidence of an ongoing relationship either prior or after our wedding date. And they state they are not satisfied that our marriage is not marriage of convenience.

Is this sufficient to satisfy UKBA?

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Post by EUsmileWEallsmile » Mon Jul 01, 2013 8:13 pm

You might also consider appealing the decision.

(More minor issue, but also complain about TB certificate).

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Post by Watandar » Mon Jul 01, 2013 8:21 pm

EUsmileWEallsmile wrote:You might also consider appealing the decision.

(More minor issue, but also complain about TB certificate).
Is it possible to re-apply and appeal at the same time? Or does one have to choose one or the other? As I understand from comments made by other forum members, an appeal can take a long time.

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Post by Watandar » Mon Jul 01, 2013 11:08 pm

Quick question, I hope someone can help me with the following. We will re-apply again because our first application has been refused as mentioned above.

We have to again fill in the online application form. I assume we have to answer the following question with ''YES'' because our first application has been refused.:

''Have you ever been refused a visa for any country including UK?''

Thank you for your assistance.

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Post by Watandar » Tue Jul 02, 2013 7:30 pm

Hallo,

We just finished the online application form and I will call Gerry's tomorow to make an appointment to submit our application again. I have written below cover letter. UKBA stated our marriage is a marriage of convenience because we did not submit any evidence of an ongoing relationship prior or after our wedding. I have addressed that in my cover. Can someone please advise if this is a correct cover letter or do I have to add/remove something?

Thank you in advance.

Dear UKBA,

I, (name EU national), would like to let you know my wife, (name non EU spouse and date of birth:) will be joining me to the United Kingdom in the incoming weeks, for which she will need to be issued with an EEA Family Permit.

Therefore, as European Citizen, I would like to exercise my rights of free movement. I understand this application will be given every facility, and will be processed on a priority basis.

I have enclosed the following supporting documents:
• Certified Copy of my Passport
• My wife’s original Afghan passport
• Marriage Certificate
• A photograph as per requirements
• Pay slips
• Employee letter

Our first application was refused because UKBA is not convinced our marriage is not a marriage of convenience because we did not submit any evidence of an ongoing relationship prior or after our wedding. This is a totally wrong decision based on assumption by UKBA. This is a scandalous and very offending decision from your side, not only to me and my wife but also to my parents and to my in laws. This shows once again the lack of cultural and religious awareness from UKBA/UK High Commissions side. One phone call or e-mail to me or my wife would have cleared any doubt you have about our marriage.

In addition to above mentioned supporting documents we have submitted extra pictures of me and my wife, print screens of our private facebook conversations and invoices from July 2012 untill June 2013 from Voipgain to show you the proof of our ongoing relationship. In case you will assume print screens of our facebook conversations are fabricated, please sent a written request to me and me and my wife both will give you full access to our facebook accounts. This will give you access to tens of thousands of conversations and pictures. We have given you all the information and documentation required and we have given you full access to our private life. I am convinced the documents provided will be sufficient to convince you our marriage is genuine.

I look forward to receiving my wife’s original passport with the Family Permit. If you have any questions, do not hesitate to contact me at 0044123456. I welcome communication by e-mail at: e-mail addres

Kind Regards,

(Name EU national)

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