Hi everyone , I found a lot information on this forum about EEA citizens and their rights in EU. I've applied for an EEA family permit from POLAND as a non-eu travelling with my wife whose a POLISH citizen. They actually issue family permits same day by 3 but mine was delayed I guess because of my previous circumstances in UK. I've lived in UK for 5years as student, during my stay I made application to HOME OFFICE for extension and was granted, aslo worked part-time, paid TAX and all, never overstayed my visa nor claimed anything and came back on time. I guess the delay has to do with some additional checks on my NATIONAL INSURANCE, my apllication to HOME OFFICE etc. I read in other posts,they check if I had claimed benefits, tax credits etc. (which is not relevant to my case anywayz). Its been a week now and still waiting dunno how long more but fingers crossed.

I also found something intresting if you wanna have a look, the BIA HOME OFFICE website states something which I might have got wrong or mayb someone can clarify it further,

www.bia.homeoffice.gov.uk/sitecontent/d ... apter3.pdf?

they state,

Before an Immigration Officer refuses admission to a non-EEA national under Regulation 11(2) because s/he does not produce an EEA family permit, the IO must give the non-EEA national reasonable opportunity to provide by other means proof that he/she is a family member of an EEA national with a right to accompany that national or join him/her in the UK.

What I assume from this statement is that it applies to someone trying to enter UK with an EU national without an EEA permit. Just for information purposes if it is so (correct me if wrong) it seems like to be a flaw in immigration rules where people are mislead by giving wrong information to each other.

OR

Probably the subject of immigration law is so vast that without a detailed research in required field u can't just seem to get the right thing and keep on guessing what would be right for u.

Anyone out there with same experience as mine:

 

Same as u my friend YOUSFZAI...I am a YOUSUFZAI too...

 

Thanks for all ur replies, Let me share my experience from the begining itself so people out there with similar situation of mine can have some experience. I met my wife in end 2005 and we got married here in POLAND last december 2007, what happened all through and what paper work was provided for EEA Family permit is as detailed.

When we applied for marriage usually by POLISH law we were given a month's time, no problem, time passed and finally we got married. When I applied for permenant residence they asked for an interview (MARRIAGE OF CONVIENIENCE). Had my interview successfully and got a reply in two weeks from POZNAN IMMIGRATION stating we were successful in our interview and in a month's time I'll get my RESIDENCE CARD.This was a surprise though everything was going swift and fine, probably I would say results of true love.

Me and my wife had past work history in UK and we were never involved in any sort of hanky pankyz. We stayed clean and left clean, by the end of 2006 I was qualified as an AEROSPACE ENGINEER and we left UK. We travelled together and returned back to UK in last JULY 2007, this time I was with a VISIT VISA to visit my AUNT'S and further travel to POLAND for marriage as stated above. UK immigration suspected us that our travel was not for VISIT but MARRIAGE purposes, my wife which was not at that time left alone to go and I was taken into lenghty interview. My argument was strong saying that VISITORS CANNOT GET MARRIED ANYWHERE IN UK BY LAW but I guess as TOM and YOUSAFZAI stated, theoratically it meant nothing but practically it was enough for them to refuse me entry to UK plus hardly anyone has won from them, they never gave me chance to appeal and diverted me straight by next flight. They said it was not that I cannot come to UK again but in my next apllication I have to be clear in my intentions plus I clarified if it would affect my next apllication and they said "NO". I left back and my wife came to POLAND and further I guess you people know now that I came to POLAND and got married.....

Now the EEA Family Permit bit, when I applied I did not spare a single document which would turn down my eligibility for travel to UK. I have included my Diploma and letter from college stating I was an excellent student. My NI card/Medical card/License, Interview letter from POZNAN IMMIGRATION (NOT A MARRIAGE OF CONVIENIENCE). Marriage certificate/Residence card. Bank statements overall £2000, House contract, Letter from me stating me and wife travelling together, Birth certificates. Work history/Letters/Payslips. Telephone calls statement (this was the three months gap when I was sent back and my wife was in POLAND) later I applied and came here. Travel tickets/history. Proof we spent time together all the way from 2006-2008 (I guess this is not important), our interview for NOT A MARRIAGE OF CONVIENIENCE
satisfies/proves that but still in case I gave the evidence. My wifes UK work history/paysilps above all JOB OFFERS for her (She needs to be there by mid April). Reason for travel was that wife has job offers and I lack language capability here in POLAND, also I have good chance of finding work with my work history and qualification. Prior to this I would also state that I had made an application to HOME OFFICE for extending my student visa and was GRANTED, during this process they lost my passport, now HOME OFFICE blames ROYAL MAIL for this and they issue me all relevant letters (to get another passport/vignette with a year visa), also gave it with my application. Well I guess I haven't left anything behind I hope so.

Having said above its quite obvious that it would take time for them to process my application. First: I had applied to HOME OFFICE for extension. Second: My work history/NI checks. Third: Refusal on last entry to UK. They do need time for all these checks. Though my history is clean, no criminal record or benifits or whatsoever, I guess they come up with a good answer.

 

Hi poland123, ur situation with an EU national seems sort of similar to mine, its quite simple and straight..its better for u to apply for an EEA family permit if ur going with ur wife to UK and if she's already there, in this case its the same as well. It depends on case to case situation if ur applying for the first time or ur wifez going to UK for the first time, then they might suspect ur marriage as a marriage of convienience, though its not necessary but alwayz prepare for tough situations.

Just remember to include a comprehensive paper work as I have stated above in mine, I've been dealing with this HOME OFFICE issues for a few times and they have given me a good experience in DO's and DON'T's. Apply online from british embassy poland website and book online appointment. If u do need more help in what sort of papers or documents might be helpful get in touch with me on hotmail same user name, I can give u my phone no: f that'll help u, thanks.

 

Hi everyone, thought to share good news with u all, I had applied as said on 18th March and was really anxious to know what would happen, they called me on 4th April and informed me that they had received a confirmation the following morning to grant me the EEA Family Permit, got my passport and yes, its something really happy to be about after waiting for nearly three weeks.

As TOM was right in his post, they did refer my application to HOME OFFICE due to my previous status which can also be know from the lady saying to me on the phone (they received confirmation the following morning to grant me the permit), I guess this proves that it was reffered to UK and they got confirmation from them, they also state this on VISA4UK website when considering applications.

Hope all this info helps, thanks to all and happy journey to me....