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EEA FM APPLICATION DELAYED

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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natasha567
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PLEASE HELP I NEED ADVICE!

Post by natasha567 » Wed Feb 26, 2020 4:06 am

Hello everybody! I’m 22 and i’m originally from Russia, i came to UK in 2014 and claimed asylum. I met my husband (who is an EU national, Romanian who lived, studied and worked in UK some 2009) April 2015 and we have been inseparable since then. Long story short (otherwise i’m going to sit here for another 5 hours writing about us) we applied for EEA EFM and EEA PR (for my husband) together. Sent it in one envelope in July 2019 but still haven’t got a reply from them. However, we just got married couple of days ago!!! 😍

I just have two questions: because i applied as an unmarried partner with the EFM application, do i now need to reapply again but as a married partner? Do i use the EEA FM application for this?
I’ve read somewhere that i’ll need to fill in the FM and also write a letter explaining the situation.

and last question, if anyone had the same situation please let me know how this process works. I e been reading a lot about NON EU people having to go through some tuff stuff after they apply as a married partner (if the didn’t have any right to stay prior to that which i didn’t). I just wanted to know if anyone experienced the same situation.

PLEASE PLEASE let me know guys if any of you know x

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Zerubbabel
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Re: PLEASE HELP I NEED ADVICE!

Post by Zerubbabel » Wed Feb 26, 2020 8:22 am

Hello

Congratulations for you wedding.

When I met with my wife (I am EEA, she is non-EEA), she was illegal in the UK.

We lived 6 years together before deciding to face the question of her immigration status in the UK as it became unbearable for us.

All the solicitors we visited told us that the EEA EFM application is weak when one of the partners is an undocumented migrant. They all insisted on a high risk of refusal which could lead to deportation.

We got married, then we applied for EEA FM documenting extensively our life together so no question about reality of the relationship could be raised. We got a positive response within 8 weeks if I remember well.

Now, for your case, it would be better to follow up immediately with an EEA FM application as it's much stronger than the EEA EFM in progress that could even end up with a refusal. It's much harder for them to refuse an EEA FM for married partner unless they have strong reasons to believe that the marriage is not genuine. This is one of the few cards they can play really. But if you uber-document your relationship, they will see that disputing it's genuineness is not doable and they are very likely to grant you a residence card under EEA rules.

Now, as you are illegal, how did you get married in the UK? Was it a marriage in Council house or similar authority?

natasha567
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JUST MARRIED. EEA FM OR PRE SETTLED STATUS?

Post by natasha567 » Mon Mar 02, 2020 12:50 am

Hi everyone! Hope y’all doing well!

Just have a question. So me (non EU) and my partner (EU) just got married and was wondering what application I (as a non eu who’s passport is at the home office) should use. I initially came here on student visa a little over 5 years ago but claimed asylum. Every appeal got refused and ever since my passport is at the home offie. When we went to registry to give our notice, i used a certified copy of it that i requested from the home office (which took 2-3 months to arrive).

Oh, i forgot to mention that we applied for EEA EFM and EEA PR joined in July 2019. It’s been over 6 months but we still haven’t got our reply. So my question is, considering the circumstances, what is the best application for me to use? I was advised to use EEA FM but have been reading some stuff on pre settled status for married partners.

My understanding is that i cannot apply for pre settled status because i haven’t got a proof of ID right? And if we already have an EFM pending and then we send FM to chance unmarried to married, will they take the £65 fee again? And do i need to include like a cover letter stating all of this?

Please if anyone know something, i’d be very grateful! Thank you sm !

natasha567
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Re: JUST MARRIED. EEA FM OR PRE SETTLED STATUS?

Post by natasha567 » Mon Mar 02, 2020 12:53 am

p.s me and my husband met in April 2015 and became bf and gf December same year. At the beginning of our relationship i stayed with his everyday at his mothers house where he lived and then we moved in together November 2017

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Zerubbabel
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Re: JUST MARRIED. EEA FM OR PRE SETTLED STATUS?

Post by Zerubbabel » Mon Mar 02, 2020 7:18 am

Hello

Something is still unclear:

- As you don't have a passport, how and when did you get married? Was it a marriage in Registrar/Council office in the UK? Did they issue a certificate or marriage to you?

- Do you have a valid passport in hand now?

natasha567
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Re: JUST MARRIED. EEA FM OR PRE SETTLED STATUS?

Post by natasha567 » Mon Mar 02, 2020 1:01 pm

Zerubbabel wrote:
Mon Mar 02, 2020 7:18 am
Hello

Something is still unclear:

- As you don't have a passport, how and when did you get married? Was it a marriage in Registrar/Council office in the UK?
We went to designated registry office with a certified copy of my passport from the Home Office. They then did a referral and about 20 days later we got a letter from HO saying that they won’t be investigating our marriage. So we booked our ceremony at the same registry office couple of days after that.

Did they issue a certificate or marriage to you?
Yes they did. I have it with me.
- Do you have a valid passport in hand now?
No. My passport is still at the home office

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Zerubbabel
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Re: JUST MARRIED. EEA FM OR PRE SETTLED STATUS?

Post by Zerubbabel » Mon Mar 02, 2020 1:59 pm

Ok, that's a good thing.

The Home Office doesn't always investigate marriages even if the future wife/husband is undocumented. I think they are tipped off by Registrars when they feel that obviously the relationship is not genuine. When you go there to declare your intention to marry they observe you enough to know if you are genuine or not.

So, in your case, you are married in the UK. That's good.

Prepare immediately an EEA FM application. It's stronger than the EEA EFM you applied for as unmarried partner.

On this page:
https://www.gov.uk/visa-documents-returned

You can request your passport back. As soon as you get it, send the EEA FM application include your passport, certificate of marriage, proof of address, proof or cohabitation, passport of your EEA husband, proof that he works... etc.

natasha567
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Re: JUST MARRIED. EEA FM OR PRE SETTLED STATUS?

Post by natasha567 » Mon Mar 02, 2020 2:05 pm

Zerubbabel wrote:
Mon Mar 02, 2020 1:59 pm
Ok, that's a good thing.

The Home Office doesn't always investigate marriages even if the future wife/husband is undocumented. I think they are tipped off by Registrars when they feel that obviously the relationship is not genuine. When you go there to declare your intention to marry they observe you enough to know if you are genuine or not.

So, in your case, you are married in the UK. That's good.

Prepare immediately an EEA FM application. It's stronger than the EEA EFM you applied for as unmarried partner.

On this page:
https://www.gov.uk/visa-documents-returned

You can request your passport back. As soon as you get it, send the EEA FM application include your passport, certificate of marriage, proof of address, proof or cohabitation, passport of your EEA husband, proof that he works... etc.
Thank you so much do getting back to me so fast. I am sending the FM this week, probably on Wednesday. I just have one more question, because we already have an EFM pending and all the documents sent with it such as bank statemnets, TA, pictures etc. Do i need to send all of that again? I was thinking, because they already have proof of our relationship for over two years, i could jus send them the marriage certificate, pictures from our ceremony, new TA because we recently moved and some recent bank statements to just show that we still send money and live together etc and i’ll include a cover letter stating that we have and EFM pending and would like to withdraw it because we now a married couple?

Will that be okay? Or will i need to send more evidence AGAIN? They also have proof of study, work etc.

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Zerubbabel
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Re: JUST MARRIED. EEA FM OR PRE SETTLED STATUS?

Post by Zerubbabel » Mon Mar 02, 2020 2:13 pm

You can add a letter explaining that due to change of circumstances (you getting married), you are now submitting an EEA FM application.

I recommend you submit all the proofs again. You can't expect them to go and fetch them from a previous application. As they say, each application is evaluated under its own merits, not the merits of another application.

However, no matter what, don't make any contradictory statement with the previous EEA EFM. Everything must be the same, except that now you are married and whatever changed during the last 6 months.

EEA FM for married couples applications are very difficult to refuse. Just don't give them an easy argument against you:

- Give proof of relationship as much as you can so they can't say the marriage is not genuine

- Give ID and proof of activity of your husband so they can't say he is not a qualified EEA national or he is not exercising Treaty Right.

I think you have high change of success with this application. If it works, you will get a 5 year EEA card. You can then apply under the EUSS and you will get pre-settled.

You won't be able to apply for British Citizenship before 2030.

lisa193
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Re: JUST MARRIED. EEA FM OR PRE SETTLED STATUS?

Post by lisa193 » Mon Mar 02, 2020 3:25 pm

Zerubbabel wrote:
Mon Mar 02, 2020 1:59 pm
Ok, that's a good thing.

The Home Office doesn't always investigate marriages even if the future wife/husband is undocumented. I think they are tipped off by Registrars when they feel that obviously the relationship is not genuine. When you go there to declare your intention to marry they observe you enough to know if you are genuine or not.

So, in your case, you are married in the UK. That's good.

Prepare immediately an EEA FM application. It's stronger than the EEA EFM you applied for as unmarried partner.

On this page:
https://www.gov.uk/visa-documents-returned

You can request your passport back. As soon as you get it, send the EEA FM application include your passport, certificate of marriage, proof of address, proof or cohabitation, passport of your EEA husband, proof that he works... etc.
Why not apply to the settlement scheme right away?

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Zerubbabel
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Re: JUST MARRIED. EEA FM OR PRE SETTLED STATUS?

Post by Zerubbabel » Mon Mar 02, 2020 4:17 pm

Why not apply to the settlement scheme right away?
EEA route is still open and it's within a strong and well defined framework. I know for a fact that it works and works well when one of the partners is illegal in the UK. Caseworkers have literally their hands tied behind their backs. Unless they demonstrate the marriage is not genuine or the EEA is not excising Treaty Rights, their option to refuse are very limited.

I trust less the EU SS for complex situations. Still, both routes are compatible. The EU SS is free and it's possible to apply for both a the same time.

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Re: PLEASE HELP I NEED ADVICE!

Post by archshan » Thu May 21, 2020 9:01 am

Zerubbabel wrote:
Wed Feb 26, 2020 8:22 am
Hello

Congratulations for you wedding.

When I met with my wife (I am EEA, she is non-EEA), she was illegal in the UK.

We lived 6 years together before deciding to face the question of her immigration status in the UK as it became unbearable for us.

All the solicitors we visited told us that the EEA EFM application is weak when one of the partners is an undocumented migrant. They all insisted on a high risk of refusal which could lead to deportation.

We got married, then we applied for EEA FM documenting extensively our life together so no question about reality of the relationship could be raised. We got a positive response within 8 weeks if I remember well.

Now, for your case, it would be better to follow up immediately with an EEA FM application as it's much stronger than the EEA EFM in progress that could even end up with a refusal. It's much harder for them to refuse an EEA FM for married partner unless they have strong reasons to believe that the marriage is not genuine. This is one of the few cards they can play really. But if you uber-document your relationship, they will see that disputing it's genuineness is not doable and they are very likely to grant you a residence card under EEA rules.

Now, as you are illegal, how did you get married in the UK? Was it a marriage in Council house or similar authority?
Hello Zerubbabel ,
Did you start up EEA FM procedure by yourself or applied with help of solicitor? Could you tell how to follow up procedure?
Long time a go i posted similar topic {refering to post topic: how to marry asylum seeker as Dutch Citizen living in UK}

natasha567
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EEA FM APPLICATION DELAYED

Post by natasha567 » Wed Jun 17, 2020 1:29 pm

hello everyone!


I have submitted an EEA FM application as a married partner which was received and signed for on the 12th of March 2020. It has been 15 weeks ever since but i haven’t got any acknowledgement letter, case ID, biometrical enrolment letter or anything.

I confirmed that my application was pending with one of the workers at a reporting centre in Eaton House in March and i’ve read that usually within 8 weeks people receive their biometrical letters.

Before i submitted an EEA FM application, i already had an application pending as an EFM. It was sent on 28th of July 2019 and the payment was taken on 30 of July 2019. That application was way past the 6 months and i haven’t received anything for that either. But my circumstances have changed and I sent the EEA FM application in and asked to just switch from one to another. I attached a letter explaining all of this to make sure they don’t charge me twice and they didn’t. I have never received any confirmation about it apart from a worker at Eaton House reporting centre. I’ve been following up on the forum to see other peoples timelines and even people who sent their applications in May have received the COA. I was wondering why haven’t I heard back from the Home Office and never even got an acknowledgment letter. All they sent us was my husbands passport back for travel purposes during lockdown. with quarantine, my anxiety and depression got a lot worse and I can’t stop worrying about what’s happening with my application. Having my life on pause like this affects my and my husbands lives. We are being patient hoping that soon the letter will come but weeks go by and nothing. I completely understand that with the lockdown and this virus right now is a difficult time for all of us. I was told delays were due to what’s going on but at the same time i see other people receive their letters, even those who applied weeks after me.

Please help me guys i’m loosing all the hope and do not know what to do..

Kind regards,

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Zerubbabel
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Re: EEA FM APPLICATION DELAYED

Post by Zerubbabel » Wed Jun 17, 2020 5:39 pm

I attached a letter explaining all of this to make sure they don’t charge me twice and they didn’t.
Did you send the payment with the second application? The fee for EEA FM is £65 only. People are paying thousands of Pounds and even taking loans to pay fees and surcharges under UK Immigration routes.

Why am I asking? Because when they open the application to process it, if there is no payment submitted with it or the payment does not go through (like a declined card or bounced cheque), the application is considered invalid and returned to the applicant. It doesn't trigger a refusal or anything. It's just considered invalid and returned.

I think you took a considerable risk for the sake of £65.

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Re: EEA FM APPLICATION DELAYED

Post by Sundancekid12 » Fri Jul 10, 2020 11:51 am

natasha567 wrote:
Wed Jun 17, 2020 1:29 pm
hello everyone!


I have submitted an EEA FM application as a married partner which was received and signed for on the 12th of March 2020. It has been 15 weeks ever since but i haven’t got any acknowledgement letter, case ID, biometrical enrolment letter or anything.

I confirmed that my application was pending with one of the workers at a reporting centre in Eaton House in March and i’ve read that usually within 8 weeks people receive their biometrical letters.

Before i submitted an EEA FM application, i already had an application pending as an EFM. It was sent on 28th of July 2019 and the payment was taken on 30 of July 2019. That application was way past the 6 months and i haven’t received anything for that either. But my circumstances have changed and I sent the EEA FM application in and asked to just switch from one to another. I attached a letter explaining all of this to make sure they don’t charge me twice and they didn’t. I have never received any confirmation about it apart from a worker at Eaton House reporting centre. I’ve been following up on the forum to see other peoples timelines and even people who sent their applications in May have received the COA. I was wondering why haven’t I heard back from the Home Office and never even got an acknowledgment letter. All they sent us was my husbands passport back for travel purposes during lockdown. with quarantine, my anxiety and depression got a lot worse and I can’t stop worrying about what’s happening with my application. Having my life on pause like this affects my and my husbands lives. We are being patient hoping that soon the letter will come but weeks go by and nothing. I completely understand that with the lockdown and this virus right now is a difficult time for all of us. I was told delays were due to what’s going on but at the same time i see other people receive their letters, even those who applied weeks after me.

Please help me guys i’m loosing all the hope and do not know what to do..

Kind regards,
Hi Natasha, I’m in the same situation as yourself but I don’t know how to go about the marriage process with my eea partner. Could pls walk me through the process of getting the certificate from home office. What steps did you take.. wish you success in your application.

natasha567
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Re: EEA FM APPLICATION DELAYED

Post by natasha567 » Mon Aug 03, 2020 6:01 am

Hello, i submitted a request to receive certified copy of my passport on Home Office website, then had to wait for a while until they finally got back to me and sent me my copy. Then i started to look for a registry office and we basically booked an appointment online and went to Hammersmith and Fulham registry office (but you can go to any DESIGNATED registry anywhere in uk) and we told them we want to get married. They took his ID, some proof of address from both of us and my certified copy but told us that they will have to confirm with the home office first wether the copy is genuine and if they will approve our marriage. Then 2-3 weeks later we received a letter saying that the HO won’t be investigating our case and we are free to get married. How long have you been with your partner? Have you guys tried EEA EFM before any of this?

Sundancekid12
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Re: EEA FM APPLICATION DELAYED

Post by Sundancekid12 » Mon Aug 03, 2020 5:40 pm

natasha567 wrote:
Mon Aug 03, 2020 6:01 am
Hello, i submitted a request to receive certified copy of my passport on Home Office website, then had to wait for a while until they finally got back to me and sent me my copy. Then i started to look for a registry office and we basically booked an appointment online and went to Hammersmith and Fulham registry office (but you can go to any DESIGNATED registry anywhere in uk) and we told them we want to get married. They took his ID, some proof of address from both of us and my certified copy but told us that they will have to confirm with the home office first wether the copy is genuine and if they will approve our marriage. Then 2-3 weeks later we received a letter saying that the HO won’t be investigating our case and we are free to get married. How long have you been with your partner? Have you guys tried EEA EFM before any of this?
cheers for getting back to me. So basically I put in the EEA EFM application few weeks ago with the help of a solicitor(not very informed one by the way) but unfortunately he’s painfully slow with application and considering the time frame here I don’t think I wanna sit around waiting unnecessarily so that’s why I’m seeking information so I can just proceed by myself..I don’t know if you’re allowed to drop the home office link for the request, but it would be very appreciated if I can get my hands on it. Btw I have been with my partner for a lil over 2yrs..Thanks

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