Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.
Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha
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churro1983
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by churro1983 » Thu Dec 11, 2014 1:37 am
Hi,
I'm from Spain and been living in the UK for 4 years. My wife is from El Salvador and has a 4-years old son from her previous marriage (shared custody).
My questions are:
- Can we apply for my stepson even with shared custody?
- If we get his visa denied, how long we have to wait to apply again? or what would be the procedure?
- We have a bunch of documents ready but would be great if you tell me what are the MUST have, to make sure I don't miss any.
- My wife speaks english but he english is not perfect. Is this a problem? What do you suggest?
Any additional help, advise would be greatly appreciated.
Massive thanks!!!
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vinny
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by vinny » Thu Dec 11, 2014 1:49 am
There appears to be no
requirements for Sole responsibility/custody under the
EEA Regulations. So, I think that you probably can.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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churro1983
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by churro1983 » Thu Dec 11, 2014 2:02 am
Thanks for your reply!
Is this something that is not officially required but in practice it is a requirement? I'm asking because I have read posts were the EEA Family Permit was denied based on not providing court custody papers to show sole responsibility of the child.
If the EEA Family Permit is denied, what options would I have left?
I'm kind of very nervous 'cause we have the interviews soon, thanks a lot for any help on this.
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vinny
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by vinny » Thu Dec 11, 2014 2:24 am
8 wrote:Whilst there was initially no letter pursuant to Rule 24 from the claimant or the claimant’s solicitors, submissions were in fact made by fax sent on 6th February which I will deal with later. Suffice it to say at this point that the greater part of the submissions relate to the decision of the Tribunal in MA and SM (Zambrano - EU children outside the UK) Iran
[2013] UKUT 380 and that the submissions also make the point that sole responsibility is not the issue within the EEA Regulations, the reference being to primary responsibility which is not the same concept.
I think that it may be sufficient if she is the primary carer for her
child. Obtaining consent from the other parent may be advisable.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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churro1983
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by churro1983 » Thu Dec 11, 2014 11:46 am
Thanks a lot for your help.
The other parent is not cooperating with this process. We actually will begin soon legal proceeding in El Salvador to obtain the sole custody of the kid but wanted to have their migratory status sorted before.
Is it advisable to omit the other parent contact details in the EEA Family Permit application?
If we apply for the visa and it is rejected, what would be our alternatives? Do we have any restriction for when we can apply next?
Again, thanks!
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churro1983
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by churro1983 » Mon Dec 22, 2014 8:48 pm
Hi,
We will be applying to the EEA family permit for my wife and stepson. We have been told that we needed to fill 2 applications forms (one for each) but we are not sure what to do with the supporting documents since we only have one original of each supporting document.
My question is:
- Can we submit the 2 application forms together and 1 set of supporting documents?
- Should I submit the originals in one application and copies to the other application (and maybe reference the application with the originals)?
- What do you advise?
Thanks a lot! This forum is a life saver!!!
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churro1983
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by churro1983 » Mon Dec 22, 2014 8:52 pm
Hi,
we have been advised to write a covering letter to be submitted together with our EEA Family Permit application. But I'm not 100% sure on what should be included on that letter. Can anyone share a template or know the list of expected topics to be discussed.
Please, let me know if this site / forum accepts donations or if there is any other way to contribute.
Many thanks!!!
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infors
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by infors » Tue Dec 23, 2014 11:48 pm
Hi! I'm not sure what the "right" contents are but I have always submitted a cover letter and our applications were always successful.
It wasn't complex but basically summarised the supporting documents and gave some background on why we were applying and our intended trip. I've also explained anything that could seem irregular or unusual. We've always used the cover letter like this - to connect the dots of our supporting documents and application form and in short form "make our case"
I have no idea if this is what should be there...just my guess thinking about an officer opening our pack of documents and trying to clarify it.
Hope that helps!