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please advse me for eea fm

Posted: Sat Jun 25, 2016 11:14 am
by arsi006WQRPG472
hi,i hope everybody is doing well,,i want an advice on my eea fm application.i was on a student visa from 2010 to 2014 on the third extension they refused my visa which i appealed.i got a hearing on 8 june 2015 but i went to ireland with my italian girlfriend in march where we got married in july 2015.my appeal was allowed back in uk but i didnot followed them as i applied residence card in ireland.i got temporary stay in november and i came back to uk and checked the status from HO.they said that I have to wait for a letter from homeoffice as your appeal is allowed.i came back to ireland as i was waiting for my 5 years RC. i was granted 5 years in may.now they are revoking my 5 years because they came to know that my spouse is working and studying in london.i want to know that can i come back to apply as she is exercising her treaty rights in uk.if i apply how long it takes and will i be entitled to work.or should i have to apply for leave to enter in uk.i have no status in ireland now.i would be very thankful for your advices.

Re: please advse me for eea fm!!!!

Posted: Sat Jun 25, 2016 1:10 pm
by noajthan
arsi006WQRPG472 wrote:hi,i hope everybody is doing well,,i want an advice on my eea fm application.i was on a student visa from 2010 to 2014 on the third extension they refused my visa which i appealed.i got a hearing on 8 june 2015 but i went to ireland with my italian girlfriend in march where we got married in july 2015.my appeal was allowed back in uk but i didnot followed them as i applied residence card in ireland.i got temporary stay in november and i came back to uk and checked the status from HO.they said that I have to wait for a letter from homeoffice as your appeal is allowed.i came back to ireland as i was waiting for my 5 years RC. i was granted 5 years in may.now they are revoking my 5 years because they came to know that my spouse is working and studying in london.i want to know that can i come back to apply as she is exercising her treaty rights in uk.if i apply how long it takes and will i be entitled to work.or should i have to apply for leave to enter in uk.i have no status in ireland now.i would be very thankful for your advices.
Kindly practice writing in paragraphs. much easier to read.

Obviously you have no status or right to be in Eire if you have no sponsor there. (A RC is not a 'visa').

Suggest familiarise yourself with the rules and regulations of EU free movement (for as long as they last in UK). And try to follow them.
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

As long as yours is not a marriage of convenience all should be well.
Go to UK to join wife.

Re: please advse me for eea fm!!!!

Posted: Sat Jun 25, 2016 1:21 pm
by arsi006WQRPG472
Thanks for your reply ,
1-What documents do i have to give them?( as she is studying and working both)
2-Any minimum limit of income?
3-how long it takes?
4-will i be entitled to work while my file is pending?

Thanks

Re: please advse me for eea fm!!!!

Posted: Sat Jun 25, 2016 1:49 pm
by noajthan
arsi006WQRPG472 wrote:Thanks for your reply ,
1-What documents do i have to give them?( as she is studying and working both)
2-Any minimum limit of income?
3-how long it takes?
4-will i be entitled to work while my file is pending?

Thanks

1) Start here:
https://www.gov.uk/government/publicati ... orm-eea-fm

2) Yes.
See https://www.freemovement.org.uk/using-m ... ne-worker/

3) Check timeline thread in forum for other members' current experiences of timings for their applications.

4) In theory yes.

Re: please advse me for eea fm!!!!

Posted: Sat Jun 25, 2016 5:21 pm
by arsi006WQRPG472
Thanks for your reply,
Do they normally visits home in this application ,
I was married a year ago ,will it show them the marriage genuinity ? Or i have to provide them more proofs if so what can be those proofs ,
Thanks

Re: please advse me for eea fm!!!!

Posted: Sat Jun 25, 2016 6:59 pm
by noajthan
arsi006WQRPG472 wrote:Thanks for your reply,
Do they normally visits home in this application ,
I was married a year ago ,will it show them the marriage genuinity ? Or i have to provide them more proofs if so what can be those proofs ,
Thanks
If you apply for a FP that's done online.
You have to prove you're married. Read the guidance.

Re: please advse me for eea fm!!!!

Posted: Sat Jun 25, 2016 7:09 pm
by Casa
....and yes, if a sham marriage is suspected Border Force officers can make an unannounced home visit to determine whether you are genuinely living with your wife. Or they could call you both for an interview.

Re: please advse me for eea fm!!!!

Posted: Sat Jun 25, 2016 9:06 pm
by arsi006WQRPG472
Sorry but i don't understand the actual differnce between family permit and residence card ..
Is there any differnce in duration.

Re: please advse me for eea fm!!!!

Posted: Sat Jun 25, 2016 9:23 pm
by noajthan
arsi006WQRPG472 wrote:Sorry but i don't understand the actual differnce between family permit and residence card ..
Is there any differnce in duration.
A FP is in effect an entry visa to get into UK.

A RC confirms someone's status once they are in UK.

Re: please advse me for eea fm!!!!

Posted: Sun Jun 26, 2016 2:57 am
by griffith
When the Irish immigration sent you a revocation letter, was she exercising treaty rights in Ireland ?

Re: please advse me for eea fm!!!!

Posted: Sun Jun 26, 2016 8:33 am
by arsi006WQRPG472
No she was exercising rights in uk

Re: please advse me for eea fm!!!!

Posted: Sun Jun 26, 2016 10:39 am
by Casa
griffith wrote:When the Irish immigration sent you a revocation letter, was she exercising treaty rights in Ireland ?
Earlier in this thread:
"now they are revoking my 5 years because they came to know that my spouse is working and studying in london."

Re: please advse me for eea fm!!!!

Posted: Sun Jun 26, 2016 12:20 pm
by arsi006WQRPG472
I was granted 5 years and in two weeks they are revoking it,
They asked me alot of explanation in the letter that she is not residing here ticket etc
I told them its true but it was her studies which made her to live in uk so i will get a proper revocation letter any time,
Could you help me if i appeal the decision can i get a temporary stamp?

Re: please advse me for eea fm!!!!

Posted: Sun Jun 26, 2016 12:23 pm
by Tayyab99
Same case was posted here few months ago and that person didn't even get 5 year RC because his wife was not exercising treaty rights,
It might be Ryanair again in ur case too, who gives them flight details and your wife must be using her NI number in UK to work.
So it's best to get a FP and fly UK asap

Re: please advse me for eea fm!!!!

Posted: Sun Jun 26, 2016 12:23 pm
by Casa
Under what grounds do you think you can appeal when your EEA sponsor is living in the UK?

Re: please advse me for eea fm!!!!

Posted: Sun Jun 26, 2016 12:33 pm
by arsi006WQRPG472
Thanks casa for you reply,
Actually yeah its ryan air definitely
I am thinking to appeal saying that my spouse after refrendum decides to transfer her studies over to dublin,will it help if they give me any hearing date can i get a temporary stamp?
1-And they judt know about her studies in uk not work.
2-can i apply FP without any status here in Ireland.
3-she is studying a three years degree course full time out of which she have completed one year with good grades,
4-does she need a CSI,(she haven't got one)
5-how long it takes to process family permit.

Re: please advse me for eea fm!!!!

Posted: Sun Jun 26, 2016 1:44 pm
by noajthan
arsi006WQRPG472 wrote:Thanks casa for you reply,
Actually yeah its ryan air definitely
I am thinking to appeal saying that my spouse after refrendum decides to transfer her studies over to dublin,will it help if they give me any hearing date can i get a temporary stamp?
1-And they judt know about her studies in uk not work.
2-can i apply FP without any status here in Ireland.
3-she is studying a three years degree course full time out of which she have completed one year with good grades,
4-does she need a CSI,(she haven't got one)
5-how long it takes to process family permit.
You need an EEA sponsor, your sponsor is clearly in UK so that's where you need to be.

You have no grounds for appeal in Eire as you're abusing the system (and blocking it for everyone else who has legitimate grounds).
"Deciding to transfer" in the future means nothing.

Yes, if sponsor is a student she needs CSI or she has no basis to be in UK either.

In the prevailing climate this is no time to play games with the system.
Do you really think HO is suddenly going to go soft on those without a basis to reside in UK?

Suggest you do yourself some favours - get real; educate yourself on the system; keep your head down - and follow the rules.

Re: please advse me for eea fm!!!!

Posted: Sun Jun 26, 2016 1:50 pm
by Wanderer
arsi006WQRPG472 wrote:Thanks casa for you reply,
Actually yeah its ryan air definitely
I am thinking to appeal saying that my spouse after refrendum decides to transfer her studies over to dublin,will it help if they give me any hearing date can i get a temporary stamp?
1-And they judt know about her studies in uk not work.
2-can i apply FP without any status here in Ireland.
3-she is studying a three years degree course full time out of which she have completed one year with good grades,
4-does she need a CSI,(she haven't got one)
5-how long it takes to process family permit.
This is flawed in just about every way possible. With the current focus on immigration and abuse you can expect a very rough ride.

Best bet if is you attempt to join your spouse in UK ASAP that's just you don't get removed or denied boarding, may be better to travel visa ferry.

Then try and start the process again.

Re: please advse me for eea fm!!!!

Posted: Sun Jun 26, 2016 2:14 pm
by griffith
Theres a guy i know who was in a very same situation, immigration had checked his spouse's travel history and found out that she was flying in and out and also the guy had applied for an ILR in the UK, but the solicitor wrote a letter to the immigration that it's her right to travel anytime and just because she is an EEA national married to a non EEA national doesn't necessarily means that she is not allowed to travel as long as she is exercising her treaty rights in Ireland.

In addition to that , eea nationals married to non eea nationals are not required to ask the irish immigration before they travel somewhere.

There are various employers whose employees are required to travel within the EU member states.

Than a month later immigration sent a letter to his solicitor that they would grant him a temporary stamp only and only if he withdraws his UK ILR application and than they never objected on his spouse's travel history.

About Ryanair, yeah its that its an irish airliner and the immigration can easily check the ticket info.

But in your case i wonder how you were granted a 5 years residence card when she was not exercising treaty rights in Ireland ?

Re: please advse me for eea fm!!!!

Posted: Tue Jun 28, 2016 8:46 pm
by arsi006WQRPG472
I was applying for a family permit,today
While filling up the form there's a column of "EEA REGISTRATION CERTIFICATE NUMBER" what is that and can we apply without that ,
Thanks

Re: please advse me for eea fm!!!!

Posted: Tue Jun 28, 2016 8:48 pm
by noajthan
arsi006WQRPG472 wrote:I was applying for a family permit,today
While filling up the form there's a column of "EEA REGISTRATION CERTIFICATE NUMBER" what is that and can we apply without that ,
Thanks
Have you read the guidance?
It is your RC. You have already said you have one - enter the number.

Re: please advse me for eea fm

Posted: Wed Jun 29, 2016 3:21 am
by arsi006WQRPG472
I don't have any RC , its revoked
They are asking for EEA NATIONAL REGISTRATION CERTIFICATE NUMBER

Re: please advse me for eea fm

Posted: Wed Jun 29, 2016 8:42 am
by noajthan
arsi006WQRPG472 wrote:I don't have any RC , its revoked
They are asking for EEA NATIONAL REGISTRATION CERTIFICATE NUMBER
So enter the number of the one that was revoked.
UK & Eire share security and other such traveller information (as both parts of the CTA) so they can still check it.
Or if in this context it means sponsor's document (you haven't said), enter sponsor's RC #.

Re: please advse me for eea fm

Posted: Wed Jun 29, 2016 9:31 am
by arsi006WQRPG472
My sponsor is italian she doesnt need RC
Should i enter her passport number