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✎ EN Update - Non EU Spouse of EU National in UK

Discussion in 'Immigration UK' started by alabama, Nov 4, 2005.

  1. alabama

    alabama Well-Known Member

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    I have just returned from Boston, where I married my boyfriend on the 31st October! So at the end of the month we are going to send off to the British Consulate in New York for a Family Permit for him. However, I do believe it's not the VAF1 form any more. I think it's the IM2A - am I correct? Also I'm not sure which type of Entry Clearance category my husband will come under - the only EU category (at the top) is non-EAA dependant of an EEA national. Does this apply to him, even though he's my spouse not a dependant? The wording is very ambiguous I find, so if anyone can help I would be very grateful.
    One other thing - as soon as he arrives, we will be applying for the EEC1. I looked up the new forms, and I know that I will either have to use an EEA1 for me and an EEA2 for him or EEA3 for me and EEA4 for him, but I can't work out which ones exactly. I presume the 1 and 2, since I am working and studying here, but I have lived in the UK all my life, so should I apply using EEA3, permanent residence? I phoned the IND but the lady seemed as confused as me. Maybe I should play it safe and use EEA1 and 2. Thanks.
     
  2. alabama

    alabama Well-Known Member

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    OK - I've just realised the difference between EEA1 and EEA3 - for the latter I need to prove that I have worked here during the last four years. Even though I have lived in England and Scotland for twenty-six years of my life, I have no proof beyond three years (I never bothered keeping paperwork since I have British nationality as well), so it will be EEA1 for me and EEA2 for my husband.
    If someone could still clarify the IM2A form for me, that would be fantastic :)
     
  3. bendan

    bendan Active Member

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    As your spouse, he counts as a dependant of an EEA national.

    The problem you might have is that you are just married, so there may be some suspicion on the ECO's part that it's a marriage of convenience. I'd try to get some proof of a long-standing relationship if I were you.
     
  4. alabama

    alabama Well-Known Member

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    We have evidence that he came over to the UK on a BUNAC visa and lived with me - a letter from my landlord, also payslips from his UK employers and mine, as well as bank statements. Do you think this will be enough?
     
  5. bendan

    bendan Active Member

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    I really don't know if they would ask for evidence that it's not a marriage of convenience. Maybe they'll be satisfied with an explanation, maybe they won't even mention it. The fact he's American will probably help a lot, as I doubt they'd suspect he's an economic refugee using a marriage of convenience to enter the UK.
     
  6. alabama

    alabama Well-Known Member

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    That's what I'm hoping - still we have paperwork proving we lived together for nine months and also if they ask e-mail correspondence dating back three years.
    One more question - seeing as we're applying for the Family Permit and then the EEC1, we will need duplicates of all the paperwork. Does the Home Office accept photocopies? We have offical copies of the marriage certificate, but stuff like bank statements, leases, and wage slips will need to be photocopied... Should I get them notarised or something? For example, my payslips have my address on one side and the payment details on the other, so they could claim I just altered the photocopies, if you get my drift...
     
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