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✎ EN EEA permit for short visit

Discussione in 'Immigration UK' iniziata da Britswethai, 22 Marzo 2012.

  1. Britswethai

    Britswethai Member

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    I am a British citizen who has been living and working in Sweden for the past 20 years. My fiancé is a Thai citizen.

    We are currently applying for an EEA family permit so that I can introduce my fiancé to my family in England. My mother is elderly and unable to travel to visit us in Sweden. Our only problem is that we have only been living to together for approx 7 months since we first met 2 years ago. I have lived in Thailand for 2 months (3 separate trips) and she has lived in Sweden with me for 3 months last year using a Schengen area visitor visa and now 2 months and counting with a 2 year renewable Swedish and Schengen residence and work permit.

    My fiancé also has her 7 year old daughter living with us and she is applying too. I am sure we fill all the right criteria and I have all the documents proving the above plus a letter from my employer stating that I have a permanent job in Sweden. In my covering letter I have stated that I have no intention to return to the UK to live. My only wish is to spend 10 days in England visiting family and friends before we marry.

    My main worry is will the powers that be refuse the permit by stating that we haven’t lived consecutively for 2 years?

    We have applied online and will hand in our papers at the Embassy in Stockholm on Monday. If we are refused is the only way out a quick marriage before we intend to travel and then apply again? I am reluctant to pay 2 x £75 for a visitors visa as it is more than we can afford at the moment.
     
  2. texkourgan

    texkourgan Addicted member
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    Looking at the UK Border Agency's info about documents (http://www.ukba.homeoffice.gov.uk/eucit ... documents/) it does appear less than 2 years cohabitation may be enough for a refusal.

    "If you are applying as the EEA national's unmarried partner, you should provide evidence that you have been living with them in a relationship akin to marriage for more than 2 years. It is unlikely that we would consider a shorter relationship as 'durable', in accordance with the EEA Regulations."

    Has anyone else applied with less than 2 years?

    I would also refer you to the FAQ section that can give you an overview of some of your options. Best of luck! Let us know what you decide and any issues you have with the process.
     
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  3. Britswethai

    Britswethai Member

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    Hi Tex and thank you for your reply.

    Yes I had read that however further down in the same link it says If the EEA national is a British citizen, you must provide evidence that:

    they have been working or are self-employed in another EEA member state; and
    you have been living with them in the EEA state, if you are their spouse or civil partner.


    Almost as if it's a different premiss for British citizens. It is this paragraph that has urged me to give it a go and apply. I have a letter backing up the fact that I have a permanent job in Sweden.

    A long shot I know but I was hoping somebody else in my circumstance might read this and let me know how it went.

    I'll report back and let you know how it goes.
     
  4. polskasweetie

    polskasweetie Addicted member

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    The EU Directive is clear and easily understood, it is the interpretation and adaptation of member states that makes all of this confusing as you say, as it sounds like there is a set of rules for EU nationals, and another set for British nationals.

    Going back to your query, the main concern here is that you are not married to the non-EEA national, and as such, stricter rules apply. You are right in your main worry, that you may be refused due to the limited time spend together that the Home Office would consider akin to a marriage. Depending on the caseworker, and a bit of luck, you may get approved.

    But erring on the side of caution, I would start preparing for the marriage, and then re-apply for the family permit. Start putting her name on some bills or financial statements now as you will need to submit this as well.
     
  5. Britswethai

    Britswethai Member

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    Thanks polskasweetie for your reply.

    You have read the rules and interpreted them more or less as I have. The buzz word here is "compassion" if the case worker has any ounce of it we will be granted the 10 day visa slot to visit my elderly Mother as we have requested however if it goes by the book we will not be granted a visa.

    We are both middle aged and with a child of 7 in the picture and my long term aversion to living and working in the UK added to this my comfortable financial status in Sweden then we might be in with a chance.

    As for the utility bills etc the Swedish tax office "skatteverket" provide excellent documents with up to date census records of who is living where and with whom, one such paper has already been submitted with the current application.

    13 working days and counting now and no decisions has reached us as yet, good sign or bad? Time will tell and whatever the outcome I will report back.
     
  6. polskasweetie

    polskasweetie Addicted member

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    Do let us know how this turns out, so your experience can hopefully be of assistance to other members who might be in similar scenarios.

    It is in cases like yours that I would highly recommend having a cover letter with the whole application, just so that you can make mention other facts there that otherwise would have been left out if one strictly just fills out the application forms.
     
  7. Britswethai

    Britswethai Member

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    This is exactly what I did. In fact a cover letter explaining the reason for the visit is a requirement. I presented the facts as they are and for this reason I am hoping that they will address the case with compassion.
     
  8. Britswethai

    Britswethai Member

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    Delighted to inform that the EUA Family visas were granted valid for 6 months with multi entries. It stipulates on their visas that I must accompany them.

    Good news for all ex pats in my circumstances wishing only to return to Britain to visit with a non EUA partner.

    Hope my experience will help others in the future.
     
  9. texkourgan

    texkourgan Addicted member
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    Yea! Congratulations. :p

    Always good to have a success story. Thanks so much for reporting back. Best of luck to you and everyone else who has applied.
     
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