VAF 5 application form

[EUsmileWEallsmile]

Given that they have ignored written material thus far, who knows what else they will ask for. Best of luck.

[Watandar]

Goodmorning,

Are there any templates available on this forum in case UKBA does not respond within 3 weeks? I am trying to find some info about EU regulations proccesing EEA family permits as soon as possible and every facility" "on the basis of an accelerated procedure. We have handed in our application about 5 weeks ago but is still in process at High Commision according Gerry's.

Thank you for your assistance.

[Watandar]

Hi,

Our application has ben refused for the following reason and I quote:

''I am not satisfied that you meet all of the requirement of regulation 12 of the immigration (EEA) regulations 2006''

This decision was made because we did not submit any evidence on an ongoing relationship either prior or after our wedding date. And they state they are not satisfied that our marriage is not marriage of convenience

We had submitted the following (supporting) documents:
- marriage certificate + translation
- 4 pictures (because we recently got married)
-endorsed copy of my EU passport
- TB certificate (they would not accept my wives application without tb certificate)
- cover letter
- employee letter
- pay slips
- Non EU spouse passport

So I have downloaded invoices from 1 year of my credit purchase from Voipgain, I am making print screens of our recent facebook conversations and conversations which took before our marriage.

So if an application is refused, one can reapply immidiatly? Can we use the same application form or do we have to apply again online (The first application was on 21 May).

[Directive/2004/38/EC]

Watandar,

Where was your wife applying?

[Watandar]

Watandar,

Where was your wife applying?

Hi,

Islamabad, but she is an Afghan national (Afghans have to apply in Pakistan).

[Watandar]

Hi,

We will apply Friday again. In addition to above mentioned documents, we will also add 3 more picture which were taken before and after the wedding. Voipgain invoice to show I have bought credit every month to call my wife and some facebook print screen messages from several months before the marriage and after the marriage.

UKBA have marked our marriage as marriage of conveniance because we did not submit any evidence of an ongoing relationship either prior or after our wedding date. And they state they are not satisfied that our marriage is not marriage of convenience.

Is this sufficient to satisfy UKBA?

[EUsmileWEallsmile]

You might also consider appealing the decision.

(More minor issue, but also complain about TB certificate).

[Watandar]

You might also consider appealing the decision.

(More minor issue, but also complain about TB certificate).

Is it possible to re-apply and appeal at the same time? Or does one have to choose one or the other? As I understand from comments made by other forum members, an appeal can take a long time.

[Watandar]

Quick question, I hope someone can help me with the following. We will re-apply again because our first application has been refused as mentioned above.

We have to again fill in the online application form. I assume we have to answer the following question with ''YES'' because our first application has been refused.:

''Have you ever been refused a visa for any country including UK?''

Thank you for your assistance.

[Watandar]

Hallo,

We just finished the online application form and I will call Gerry's tomorow to make an appointment to submit our application again. I have written below cover letter. UKBA stated our marriage is a marriage of convenience because we did not submit any evidence of an ongoing relationship prior or after our wedding. I have addressed that in my cover. Can someone please advise if this is a correct cover letter or do I have to add/remove something?

Thank you in advance.

Dear UKBA,

I, (name EU national), would like to let you know my wife, (name non EU spouse and date of birth:) will be joining me to the United Kingdom in the incoming weeks, for which she will need to be issued with an EEA Family Permit.

Therefore, as European Citizen, I would like to exercise my rights of free movement. I understand this application will be given every facility, and will be processed on a priority basis.

I have enclosed the following supporting documents:
• Certified Copy of my Passport
• My wife’s original Afghan passport
• Marriage Certificate
• A photograph as per requirements
• Pay slips
• Employee letter

Our first application was refused because UKBA is not convinced our marriage is not a marriage of convenience because we did not submit any evidence of an ongoing relationship prior or after our wedding. This is a totally wrong decision based on assumption by UKBA. This is a scandalous and very offending decision from your side, not only to me and my wife but also to my parents and to my in laws. This shows once again the lack of cultural and religious awareness from UKBA/UK High Commissions side. One phone call or e-mail to me or my wife would have cleared any doubt you have about our marriage.

In addition to above mentioned supporting documents we have submitted extra pictures of me and my wife, print screens of our private facebook conversations and invoices from July 2012 untill June 2013 from Voipgain to show you the proof of our ongoing relationship. In case you will assume print screens of our facebook conversations are fabricated, please sent a written request to me and me and my wife both will give you full access to our facebook accounts. This will give you access to tens of thousands of conversations and pictures. We have given you all the information and documentation required and we have given you full access to our private life. I am convinced the documents provided will be sufficient to convince you our marriage is genuine.

I look forward to receiving my wife’s original passport with the Family Permit. If you have any questions, do not hesitate to contact me at 0044123456. I welcome communication by e-mail at: e-mail addres

Kind Regards,

(Name EU national)

[EUsmileWEallsmile]

Should an ECO accuse a couple of being party to a marriage of convenience, they ought to give the couple the opportunity to refute that. They should have offered the possibility of an interview.

[Watandar]

Should an ECO accuse a couple of being party to a marriage of convenience, they ought to give the couple the opportunity to refute that. They should have offered the possibility of an interview.

I agree, thats why I mentioned my UK mobile number and e-mail address in my first cover letter. But they failed to call/e-mail me or my wife


EUsmileWEallsmile

You might also consider appealing the decision.

(More minor issue, but also complain about TB certificate).

I am considering to appeal as well (and re-apply at the same time). In order to appeal, my wife has to fill in the following document and sent it to the mentioned address and that it right?
http://www.ukba.homeoffice.gov.uk/sitec ... ration.pdf

I am considering an oral hearing. Should I contact a sollicitor? I have contacted a sollicitor before (when we applied the first times) but I had the feeling the 2 sollicitor I contacted for advise did not really know EU laws and they were advising me what to do in accordance to UK immigration laws.

[Watandar]

A friend of mine (UK national) has attended our wedding. Would it be wise to add his statement + copy if his UK passport and wedding pictures of him and us when we re-apply?

[Watandar]

Hi,

We re-applied for EEA family permit on 08-07-2013. We received on 22-07 en e-mail that Gerry has sent out application to the high commission and on 24-07 gerry's sent us a sms to pick up the passport. My wife picked her passport today with the familu permit .

I would like to thank EUsmileWEallsmile for his help.

Just a small question. Can we visit The Netherlands for a week with the family permit? Or do we have to wait till she has her EEA2 before we can go on holiday?

[EUsmileWEallsmile]

Hi,

We re-applied for EEA family permit on 08-07-2013. We received on 22-07 en e-mail that Gerry has sent out application to the high commission and on 24-07 gerry's sent us a sms to pick up the passport. My wife picked her passport today with the familu permit :).

I would like to thank EUsmileWEallsmile for his help.

Just a small question. Can we visit The Netherlands for a week with the family permit? Or do we have to wait till she has her EEA2 before we can go on holiday?

This is excellent news. Be sure to follow up and complain about the treatment you received (TB certificate, etc).

Unfortunately, you cannot use a family permit to visit the Netherlands. You can apply for a Schengen visa or wait for the residence card to be issued.

[fatimahh]

[quote]Unfortunately, you cannot use a family permit to visit the Netherlands. You can apply for a Schengen visa or wait for the residence card to be issued[/quote].

Sorry EUsmileWEallsmile, please please tell me this is not the case!!! i already got my ticket for myself and my baby who only got family permit, we are travelling to Paris. i have EEA2 permit and we are joining my hubby who is having medical treatment there. oh god dont tell me i will be stop the trip is for thursday so no time to get visa now pfffffffff

[EUsmileWEallsmile]

@ fatimahh, it depends on how you travel. If you get to a border, you should be able to argue your case and enter. If you intend to fly, you may be denied boarding.

[fatimahh]

[quote]@ fatimahh, it depends on how you travel. If you get to a border, you should be able to argue your case and enter. If you intend to fly, you may be denied boarding.[/quote]

thank you EUsmileWEallsmile for your reply, i am traveling with Eurostar and if denied access will try with the coach as i need to be there to help. I will update on the outcome.

[Watandar]

Hi,

According to HM revenue and customs I quality for (working) tax credit. If I apply for working tax credit, wil that have influence on my wives (non EU national) RP (EEA2)?

I am EU national, wife is non EU national. I work full time (38h p/w). I have never applied for housing benifit, council tax benefit or any other benefit.

Do non EU spouses of EU national subject to immigration controle?

Thank you for your help.

[EUsmileWEallsmile]

Hi,

According to HM revenue and customs I quality for (working) tax credit. If I apply for working tax credit, wil that have influence on my wives (non EU national) RP (EEA2)?

I am EU national, wife is non EU national. I work full time (38h p/w). I have never applied for housing benifit, council tax benefit or any other benefit.

Do non EU spouses of EU national subject to immigration controle?

Thank you for your help.

This would not affect your status of worker and so would not affect your family member's application.

[fatimahh]

Just a quick update regarding travelling with 6 month family permit.
I was able to travel to Paris not without fighting my case though. Because EUsmileWEallsmile already advised me, i arrive at St Pancras very early ready to fight loool. i finally had to show them the hubby medical report before they let me in with my daughter based on a compassionate ground according to the officer !
I was told that the family permit was just a uk visa and could not travel with it to EU country!!!
Now back to uk with sad news in my bags , the trip and all the hassle was finally not worth it...........

[Watandar]

Hi,

I want to apply for EEA1 and EEA2 for my wife. Can I send both application in 1 enveloppe? I have to send my EU passport with the EEA2 application form but in order to apply for EEA1, home office needs to have my passport as well. And for both application my paylips, employement contract are required. Can some one advise please?

Thank you.

[EUsmileWEallsmile]

Hi,

I want to apply for EEA1 and EEA2 for my wife. Can I send both application in 1 enveloppe? I have to send my EU passport with the EEA2 application form but in order to apply for EEA1, home office needs to have my passport as well. And for both application my paylips, employement contract are required. Can some one advise please?

Thank you.

Both can go in the same envelope. Both will attract a fee. The EEA1 is not worth the bother frankly.

[joneeboy]

UKBA will ask you to produce the copy of EEA national's passport endorsed buy EEA national's country's embassy.
They will not accept a copy certified by Solicitor or anyone else.

Certified copy by a lawyer will be accepted, I know of someone did it just that way.

Hi Frei, With all the respect I had the experience in British High commission Dublin and I gave them a copy attested by the solicitor and they sent me back asking for copy endorsed by my spouse's country's embassy. So We went to the embassy it cost €30.00 to get that sorted.
When you apply, you should include all the documents that you can to show that you are a family member of an EEA national. These should include:

a copy of the EEA national's passport, endorsed by the EEA national's embassy in the country of application; and
proof of your relationship to the EEA national (for example, your birth certificate or marriage certificate); and
a letter from the EEA national, declaring that you are travelling with them or are joining them in the UK.
Also here is the link for full page.

http://www.ukba.homeoffice.gov.uk/eucit ... documents/

I find all this business about having to give a 'certified' copy of EEA Sponsor's passport very strange, because there has been at least a dozen times when my non EEAfamily members have submitted Form VAF5 in both China and Philippines with only COPIES of my Irish passport which they have got from scans I emailed to them, together with scans of my UK EU/EEA Permanent Residence Document.
However, I did always send a formal letter of support.
It is worth noting that unlike many other countries, in the UK neither a solicitor or anyone else can 'certify' a document which is not theirs. For example, a bank can certify copies of its statements, the registrars can certify birth, marriage and death certificates, and a doctor can certify your medical conditions etc. An English or Welsh Notary Public or a lawyer can certify your signature made before them on a document, but not your document itself. Stange, but true.But then again. unlike many other countries, sworn or certified documents are rarely needed in the UK, thank goodness.

[afsarsal]

Hi Frei, With all the respect I had the experience in British High commission Dublin and I gave them a copy attested by the solicitor and they sent me back asking for copy endorsed by my spouse's country's embassy. So We went to the embassy it cost €30.00 to get that sorted.
When you apply, you should include all the documents that you can to show that you are a family member of an EEA national. These should include:

a copy of the EEA national's passport, endorsed by the EEA national's embassy in the country of application; and
proof of your relationship to the EEA national (for example, your birth certificate or marriage certificate); and
a letter from the EEA national, declaring that you are travelling with them or are joining them in the UK.
Also here is the link for full page.

http://www.ukba.homeoffice.gov.uk/eucit ... documents/[/quote]
I find all this business about having to give a 'certified' copy of EEA Sponsor's passport very strange, because there has been at least a dozen times when my non EEAfamily members have submitted Form VAF5 in both China and Philippines with only COPIES of my Irish passport which they have got from scans I emailed to them, together with scans of my UK EU/EEA Permanent Residence Document.
However, I did always send a formal letter of support.
It is worth noting that unlike many other countries, in the UK neither a solicitor or anyone else can 'certify' a document which is not theirs. For example, a bank can certify copies of its statements, the registrars can certify birth, marriage and death certificates, and a doctor can certify your medical conditions etc. An English or Welsh Notary Public or a lawyer can certify your signature made before them on a document, but not your document itself. Stange, but true.But then again. unlike many other countries, sworn or certified documents are rarely needed in the UK, thank goodness.[/quote]
My client H&S which is a public notary giving services for those kind of certificates lots of countries. If you need just check http://www.notarypractice.com/countries/india.php