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EEA FP - Information doesn´t match Help!

Posted: Mon Sep 19, 2011 10:02 pm
by stefancamargo
Hi, I wonder if anyone can help me

I´m an Italian national and would like to request an EEA FP for my hife, she is a brazilian national.
I posted here before and someone said I wouldn´t have to prove that I´m exercising my Treaty rights in the UK, and that I wouldn´t even have to prove funds (zero pounds - as he put it). Only when i ask the Residence card!
Anyway, I just spoke to one person who applied for the same thing, and he said Home office sent his spouse´s application back because of lack of finantial proof in 2006. Then, after his process went through and as soon as they arrived in UK, they applied for the residence card.

So, do i need to prove any finances when applying for EEA family permit for my hife? if so, were is the oficial requirement written and how much is acceptable?
Thanks in advance

Posted: Tue Sep 20, 2011 7:18 am
by Mr Rusty
Have a look through the application form for an EEA Family Permit:-

http://www.ukba.homeoffice.gov.uk/sitec ... s/vaf5.pdf

Remember, it is your wife who is applying, you are the sponsor, mentioned in Section 8 of the form. It does ask there for details of your employment and income, and Section 11 gives a checklist of documents you may submit in support of the application, but it's only for guidance, it's up to you what you submit.

But a Family Permit is for someone wishing to travel to the UK - is your wife already in the country? In that case she would apply for a Residence Card on this form:-

http://www.ukba.homeoffice.gov.uk/sitec ... /eea21.pdf

Posted: Tue Sep 20, 2011 8:01 am
by 86ti
Evidence of financial means to support an EEA FP application is only needed if the EEA national is already in the UK for more than three months and thus required to exercise treaty rights. In 2006 EEA FP applications were handled differently if the application was submitted outside the EEA or maybe even when inside. There are still reports on this board that some ECOs have trouble to understand EEA regulations.

A Brazilian national could enter the UK without the EEA FP but details should be given to the border forces that entry as family member is requested.

Posted: Wed Sep 21, 2011 12:41 am
by stefancamargo
Thanks.
But, I´m still not sure. If we don´t need to show any form of finance, why do they ask so many questions about employment or savings in VAF5? if the question is there, it´s because they may take into considerantion right? I´m worried because we will both be unemployed by the time we apply, so if we can prove something, would be from savings... but depends on how much they consider enough.

Posted: Wed Sep 21, 2011 3:08 am
by jrge
stefancamargo wrote:Thanks.
But, I´m still not sure. If we don´t need to show any form of finance, why do they ask so many questions about employment or savings in VAF5? if the question is there, it´s because they may take into considerantion right? I´m worried because we will both be unemployed by the time we apply, so if we can prove something, would be from savings... but depends on how much they consider enough.
There's not need to disclose your financial information, we didn't. Where applicable, you select N/A; and that's it!

In our (mine) particular case, these are the documents we sent:

* A certified copy of my wife's passport ( certified by the Italian consulate in London)
* My Venezuelan passport ( I hold dual citizenship: American-Venezuelan) NOTE: wasn't asked to show evidence of legal status!
* A photograph of me (passport style)
* A letter from my wife, indicating her wish to have my permit expedite ( polite and to the point)
* A photocopy of our marriage certificate
* A photocopy of her payslip ( even though this wasn't necessary)
86ti wrote:A Brazilian national could enter the UK without the EEA FP but details should be given to the border forces that entry as family member is requested.
This is 100% right. However, as a personal suggestion and considering how difficult is getting job nowadays, you might want to get your wife the FP. It's free, only takes a couple of weeks to get, and she will be able to apply for and take employment upon arrival.

Cheers./

Posted: Wed Sep 21, 2011 8:25 am
by 86ti
Also look here.

The very idea of free movement is that you can move to another member state to look for work with little bureaucratic hurdles. Only after three months are you required to 'exercise treaty rights', i.e. to be able to support yourself without becoming an 'unreasonable' burden to the host member state. In the first three months you will only need passports and that EEA FP.

The law is very clear about that and you will also find that the UKBA guidance says so although you have to read it very carefully, e.g. the EUN.

Posted: Fri Sep 30, 2011 12:22 am
by stefancamargo
thank you very much guys!