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Discussione in 'Immigration UK' iniziata da miezi, 13 Agosto 2006.

  1. miezi

    miezi New Member

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    Hello, I'd like to ask U for help.I'm citizen of Czech republic, working in England since December 2005..my husband is from Jordan,we are married over one and half year and we'd like to apply for EEA family permit.My husband asked on British embassy in Amman what documents we have to have....but I dont know, if I have to work more than one year in England? how much money we should proof we have?I have got couple thousand savings on my account...How can I proof ,that I will manage to suport my husband here?I live in rent property, but bills are by name of owner?What documents will I need have from him?
    Thank U for answer
     
  2. Triple H

    Triple H Addicted member

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    4. EEA FAMILY PERMITS



    In order to be able to benefit from European Community law, the EEA national must, among other things, be outside of her/his country of citizenship. It is for this reason that in Northern Ireland a person who holds dual British/Irish citizenship would rely on her/his Irish citizenship to support an application by a family member to enter the UK to reside with her/him.

    Citizens of the EEA countries are entitled to live and work in the UK under European law and members of the family of an EEA national have rights to enter and remain and work in the UK along with the EEA national worker even if they are not EEA nationals themselves.

    Citizens from the ‘new accession’ state, ie the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia, are currently referred to as the A8 nationals. Certain restrictions have been imposed on the first twelve months of an A8 national’s stay in the UK, a complete explanation of which is outside the scope of this document. However, their rights in relation to family reunion are explained at 4.2.2 below.

    4.2 Family rights conferred through EEA citizenship
    4.2.1 Right to remain
    EEA citizens working here (either employed or self employed) are entitled to have their family members living with them in the UK, even when their family members are not EEA citizens themselves. For example, if an Irish passport holder who is living and working in Northern Ireland has non EEA family members, they can live here with her/him, irrespective of the family member’s nationality.

    Even if the Irish spouse is not currently employed or self employed, it may be possible for her/him to qualify to bring her/his non EEA family member to the UK if s/he has previously worked in the UK and is unemployed but looking for work, retired or permanently incapacitated.

    Where a British citizen has resided and worked in another EEA country and returns to the UK as a worker, her/his non EEA spouse/partner and/or family members may be able to join her/him, as a result of the case of Surinder Singh, which extended EEA rights in such instances. However, the recent case of Akrich in the European Court of Justice has resulted in a change to the immigration rules. The rules now state that, in order to be issued with an EEA family permit, the non EEA spouse/partner must have been lawfully resident in the other EEA country before applying to enter the UK.

    The non EEA family members’ entitlement to remain in the UK exists under European law, irrespective of when the application for a family permit or residence document is made and irrespective of the Home Office delay in issuing the documents. It is an automatic entitlement and the application to the Home Office is simply a request for evidence of these rights.

    ‘Family members’ for the purposes of the EEA regulations, is defined as:

    spouse; or

    partner (after two or more years living together);

    sons and daughters, grandsons and grand-daughters up to the age of 21, and over 21 if they are still dependent;

    dependent parents, grandparents and great grandparents of either the EEA national or her/his spouse/partner.


    Other relatives may qualify in certain circumstances.

    4.2.2 A8 nationals and the right to remain
    Where the A8 national is in the first twelve months of stay in the UK then s/he is entitled to be joined in the UK only by her/his spouse, their children who are aged under 21 or are dependent, and dependent relatives in the ascending line. The only difference of treatment compared to other EU nationals is that these A8 nationals do not benefit from the right to bring other, more distant, relatives over. However, it is important to note that it is not clear at present what status these family members are being given.

    4.2.3 Other entitlements
    Spouses, partners and other family members in the UK under these European rules are entitled to take employment, claim benefits and receive medical care under the NHS as well as social services, depending on their needs, in the same way as the EU nationals. However, it may be difficult to evidence these rights whilst the application is being processed.

    4.3 Family permits
    EEA family permits are a type of entry clearance or visa allowing the holder to enter the UK. They can be issued ‘over the counter’ at British embassies and consulates abroad without payment of a fee. The Foreign and Commonwealth Office website www.fco.gov.uk lists the British embassies abroad with their telephone and fax numbers as well as email addresses.

    Applications for EEA family permits must be made to the UK visa authorities abroad, despite being based on the fact that one spouse/partner has a European passport other than British.

    For dual Irish/British citizens living in Northern Ireland, an EEA family permit application is based on their Irish citizenship. They will therefore be required to produce their Irish passport as evidence of their Irish citizenship. Their British passport is not relevant to such an application.

    Applicants for EEA family permits are required to show the original of the following documents:

    the passports of both spouses/partners and any children or other family members to be included in the permit;

    birth certificates of any children to be included on the family permit, naming both parents;

    evidence such as birth or marriage certificates showing the relationships of any other family members covered by the application;

    marriage certificate or evidence of at least two years co-habitation;

    evidence of the EEA citizen's employment or self employment in the UK (such as wage slips, letter from employer, contract of employment, accounts etc); and

    evidence that the EEA citizen lives in the UK (such as household bills in her/his name, tenancy agreement, mortgage documents etc).


    Unlike an application for a UK spouse/partner visa, there is no requirement to show evidence of the financial standing of anyone involved in EEA family permit applications.

    4.4. Right of residence in the UK
    EEA family permits issued abroad are usually valid for six months. The family must travel to the UK during this time. Once in the UK, an application should be made by the European spouse/partner to the Home Office in Croydon for an EEA residence permit and an EEA residence document which consists of a stamp in the passport of the non-EEA spouse/partner. Likewise, if the non EEA spouse/partner and/or other family members are already in the UK in some other capacity, an application can be made for the EEA residence permit and residence document. Unlike most other Home Office applications, it is not necessary to use a particular form in this case, however, the Home Office has devised Forms EEA1 and 2 which request all relevant information and are easy to complete. EEA1 is for EEA nationals applying (naming their family members). EEA2 is for applications by non EEA family members of EEA nationals. Either form can be used and the procedure and requirements are the same. They are available on the Home Office website. This application is free.

    The completed form should be sent to the UK Home Office in London, the address can be found at the end of Forms EEA1 and 2. Copy should be kept of all documents submitted and they should be sent via recorded delivery. The evidence required is basically the same as that listed above at paragraph 4.3 above. The proof of being employed in the UK can be provided by the employer signing the relevant section of the form. EEA residence permits and residence documents are usually valid for five years. However, where the applicant has temporary employment or is seeking work, they may be issued for shorter periods. Renewed applications can be made at the end of the period granted, depending on the circumstances at the time.

    Generally speaking, EEA rights can be exercised irrespective of a person’s previous immigration status (eg, if s/he was here illegally before marrying an EEA national). Furthermore, there is no requirement that the non EEA family members entered the UK lawfully. However, the European Court of Justice case of Ackrich must be noted with caution. Mr Ackrich had a very poor immigration history, having been deported from the UK and re-entered illegally. This was among the factors which led to the European Court of Justice making an unusual decision that he could be refused an EEA permit. Following the decision in this case, the Home Office amended the immigration rules as referred to at paragraph 4.2 above.

    After four years, providing the EEA spouse/partner is still working and living in the UK and the couple have not divorced, the non-European spouse/partner and family members will be able to apply for indefinite leave to remain in the UK. This is still the case if the couple are still married but not living together. The application can be made on Forms EEA3 and 4 which are available on the Home Office website.

    Even if the couple divorce, there may be circumstances, such as having children at school in the UK, in which a further EEA residence document can be issued.

    This area of law is often subject to change and development, therefore a person in immigration difficulties may wish to obtain expert advice.
     
  3. Triple H

    Triple H Addicted member

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  4. miezi

    miezi New Member

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    Thanks a lot for Ur time and help...U are great!!!
    ...just do I understand right,that I should apply for residency EEA1 as polish girl?Anyway I have to wait till December, but I want be maximum ready for that.....and about proof of our relationship,I can show them a few pictures, coz I do hate take pictures of me. :p ,some card to birthday or like that,soem emails...because we use mostly phone connection, but I usually have got prepaid cards...so,will it be enough for embassy??? Is important that we got married in Jordan before my arrive to England?
    Thank U so much...
     
  5. Az

    Az Member

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    so it means that if she isnt register with the worker registeration scheme she is unable to bring her husband or once she is registered she has to wait for 12 months

    ??????
    :eek: :confused: :?:
     
  6. Triple H

    Triple H Addicted member

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    It does not mean that
     
  7. miezi

    miezi New Member

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    Hi again,especially to Triple H.....
    so after long time Im back and I desperately would need to ask once more help...
    I read very carefully link with story of ind dude and I have done as his polish wife.I worked one year under worker registration scheme, then applied for EEA residence1 and I have got that...So I have send all papers to my husband to Jordan and he went to British embassy applied for EEA family permit...
    In Jordan is DHL visa center, so people dont go to embassy right way but they have to go with application and all documents to DHL,
    there my husband was given paper with required documents like:
    sponsor's copy of passport--I have got copy issued by my bank
    applicant original curent and previous passport
    marriage certificate
    sponsor's letter of employment
    sponsor's UK settlement--I have got copy issued by my bank
    application form VAF1

    ..but because we have wanted to be sure about success, we put a more documents like:
    original family book, that is arabic form of family registration or something like that
    our czech +arabic marriage certificates- original, both translated to english
    my tenancy agreement in UK+letter from landlord with his consent that my husband can stay in his property where I live
    2 letter from home office as a proof of my address
    my P060 form
    our birth ceritificates-copies
    letter from my employer+copy of my work contract
    my bank statement for 7 month+my 6 last payslips
    copy of my national insurance card
    several pictures together and with my husband's family
    my airtickets from UK to Jordan
    some envelops that we send to each other
    money transfer forms like Western Union as I support my husband
    phone bill, unfortunately just from my husband, because I usually used prepaid cards

    ...so as U can see quite a lot of papers!!
    Anyway my husband went today to DHL for his passport and there was letter, in which embassy ask him to come on interwiew on 26th Feb and plus they want our photos from wedding, our older together pictures and bank statement for last 6 months,I suppose my husband's account, couse I have given them mine....and here is a problem, that make me really worry.We simply haven't got any wedding pictures, because we had just small wedding with 2 friends as witnesses in court in Jordan and one friend who should took pictures just didnt show up...I thought, well so we will not have any pictures, we are not first or last without pictures and they will not guarantee our happiness and actually I didnt think I will desperately need them like now,because we got married 7 months before I even thought about England...I just dont think about photos like whatever we do ,we have to have proof that we do this and that... pictures what we have are just from family party,couple trips in Jordan...

    So Im really very worry they could refused my husband visa ,because of couple of photos.(((((((( :confused:Will they refused Us like marriage of convenience??? What shall we say them?Will they believe this ??

    Shall I ask phone company where I used to buy prepaid cards for something like my bill,so embassy can see hundreds £ spend for calling????

    ..Another thing is ,why they have to see my husband account??
    On their question how much money we have for my husband stay we write 2200£,I know it is not anything great, but as I read in Ind dude story..as far as I have job, every month income and accomodation for both of Us, it should be o.k....so can be this amount that reason to refused Us????

    How more we can proof them, WE ARE FAMILY!!!!!!!!!!!!!!!!!!
    Maybe some of my questions are silly and my english isnt perfect, but Im really in panic..I just want be with my husband, live like others...

    PLEASE,I HOPE IN SOON ANSWER...PLEASE,PLEASE...
     
  8. miezi

    miezi New Member

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    PLEASE,PLEASE..DOES ANYBODY KNOW ANYTHING WHAT COULD HELP US?...PLEASE
     
  9. amine10milan

    amine10milan New Member

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    i need your help

    i am not sure if you are still entering the website, but if so i would be gratefull if you help me
    thank you
    here is my question
    hello,
    am a non eea national, i have been in the uk for 3 years as student i finished my study this year my wife is from czech republic and has been working for the last 12 months in the same job and has been registred for the 12 months, i am going to apply for residence stamp, i was wondering if i should apply for FMRS application because she is part of A8 or shall i apply for EEA2 because she has been working under WRS for continous 12 months
    and shall we apply together for EEA1 and EEA2
    please i need some advice
    thank you in advance
     

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