Help on EEA Family Visa application outside UK

epic · Post by **epic** » Thu Feb 16, 2012 2:57 pm

Hello there,

This is my first post even I have been reading the site quite a lot.
I'm from Argentina with EEA (Italian) citizenship and my fiancee is also Argentinian but with no EEA nationality.

We are planning to move and emigrate to London to continue our lives over there. We have been living together for almost 3 years now and we have civil union papers to confirm our relationship.

The idea was to try to get the EEA Famlily visa for her. Currently I work on the IT Industry on Argentina with several experience (I work on IBM as security manager).
She is getting her Literacy degree this Jun and plan to take a year of an English course to prepare the IELTS and then go for a MA on Literacy & Poetry.

I just started to apply to an internal IBM transfer to the UK but currently I don't have a Job offer yet and I want to start her visa paperwork so in case that I get the transfer her visa is already underway and we don't have to wait so much. My only worry is that they reject the visa because I still don't have a job on the UK any help about this?.

I'm also a little lost about the requirements and documents to present when you apply to the VISA if you are currently not in the UK.

I read the family permit guidelines and I will present my civil partner evidence + our rent contract, both cvs, payslips, bank receips (how much do you need to confirm that I can support her there?), IBM recomendation letters, etc.. any other thoughts?

The idea if I don't get the transfer from IBM after june when whe finishes her school to travel and get a job there.

Sorry for the long post but I wanted to explain the whole story.
Thanks in advance for all your help over here!

Luke

Post by **Obie** » Thu Feb 16, 2012 3:23 pm

You should be fine Luke

Post by **Jambo** » Thu Feb 16, 2012 4:18 pm

You don't need to have a job in the UK when applying for the EEA family permit. As the regulation that Obie pointed to state you have an initial right of residence for 3 months afterwards you will need to exercise EU treaty.

Read more about your rights in the UK - here.

As for the visa application form, The VAF5 is full of questions which are not relevant for EEA Family Permit. UKBA reused an application format which is suitable for UK immigration laws and not EEA regulations.

For most questions (anything to do with finance or employment), you can leave blank or write "N/A for this type of EEA application".

The evidence required is quite simple:

- proof of relationship: marriage/civil union certificate or evidence that you have lived in a durable relationship for 2 years.
- Passports.

The application is free.

epic · Post by **epic** » Fri Feb 17, 2012 5:54 pm

Thanks for your quick reply and help on this!

Oh I thought that you needed to fill all the info on the VAF5 Forms.
Also you need to leave blank where it asks you until when are you are planning to stay on the UK?
What I have read on the forums normally it takes 1-3 months to get the reply?

So there is no need to have a job on the UK but I need to show that I can support myself and my partner with savings and an account info, right? How much normally you have to proof?

keffers · Post by **keffers** » Fri Feb 17, 2012 6:31 pm

Seems to be quicker than that in Argentina - the only family permit application made in December took 10 days or less according to this official site.

http://www.ukba.homeoffice.gov.uk/custo ... ableAnchor

Maybe if you mention you voted for Mrs Kirchner it might take 1-3 months?

Post by **Jambo** » Fri Feb 17, 2012 7:10 pm

epic wrote:Oh I thought that you needed to fill all the info on the VAF5 Forms.

Don't worry. You are not the first one...

Also you need to leave blank where it asks you until when are you are planning to stay on the UK?

Just write your plans. If more than 3 months, I would add in a cover letter that you are aware that after 3 months, you will need to exercise treaty rights in the UK.

What I have read on the forums normally it takes 1-3 months to get the reply?

It is usually quite fast. I think you confuse the Residence Card timelines. This is applied once you are in the UK and takes 1-3 months.

So there is no need to have a job on the UK but I need to show that I can support myself and my partner with savings and an account info, right? How much normally you have to proof?

Read my post again. There is no need to provide any employment or financial information. All you need is that you want to move the UK. This is the whole point of "Free movement in the EU".

epic · Post by **epic** » Fri Feb 17, 2012 8:17 pm

Thanks Jambo and keffers for your great and fast reply!

Ok I thought that I needed to present more info because my fiancee is not an EEA citizen and that I needed to show evidence that I/shecan support on the UK until we get a job over there.
So you say that it's not need to show financial support evidence and so many extra info besides the civil union papers? We thought that we needed to write a cover letter explaining our history together, plans on the UK, pics together, etc.

One more question, after she gets her EEA Family permit normally its valid for 3 months or 3 months once we enter the UK? Or we can wait some time until we travel and she uses it?

Maybe if you mention you voted for Mrs Kirchner it might take 1-3 months? Laughing

Even I voted her I won't mention it hehehe

Thanks guys!

Post by **Jambo** » Fri Feb 17, 2012 9:09 pm

You are using the term civil union which I assumed is same gender marriage but as you now mention fiancée, I realised I might misunderstood you. If you are not officially married, then you will need to provide proof of co-habitation for at least two years (pictures, joint bills, rent agreement etc). You are not required to show your financials in order to enter the UK.

The EEA Family Permit is used to enter the UK and is valid for 6 months within you need to enter the UK or it becomes invalid. Once in the UK, she can apply for a residence card which is valid for 5 years.

epic · Post by **epic** » Wed Mar 28, 2012 8:05 pm

Hi there guys, I'm reposting here as per Lucapooka request

Thanks for the support that you gave me.

I'm finishing to gather the evidence to present the EEA Family for my Fiancee but I have a doubt on the cover letter that you need to send along with the papers.

I found some samples on the forum and this is the evidence that I'm sending and the following note:

Whom It May Concern:

Please find enclosed the application for an EEA Family Permit for my Fiancee
We plan to travel to the UK together on xx (tbd) August 2012. According to The Immigration (EEA) Regulations 2006 sections 12 and 13, the following documents are provided with the applications:

(1) (Fiancee name):
XXXXXXX
- Application form completed and printed
- her passport
- our civil union certificate
- my divorce certificate
- 1 photo
- copy of my EEA Italian passport
- her CV
- ISBN codes and newspapers mentions to her books publications
- her current university grades (she will be finished her studies on july before we leave)
- my CV
- my current work certificate on IBM and payslips .
- Shared bankslip info with savings (aprox 10k USD that's enough???).
- Phone bill at my name under the same address.
- Cable/Internet bill at her name under the same address.
- Deed under her name as owner of our current living address.
- 20 photos together including some with our family on reunions
- 2 letters from mutual friends that confirm proof of our relationship
- Plane and bus tickets for different travels that we have done together.
- Admission letter of an authorized English institute for her initial 6 months course to prepare the IELTS certificate.
- Proof or income from rent of one of her parents apartments.

Copies and translations of the above documents have been included, in addition to the originals.

I have traveled to the UK in 2010 and I will be exercising my treaty rights as a jobseeker according to section 6 of The Immigration (EEA) Regulations 2006. I have provided copies of my CV, current work on IBM to demonstrate my intention to work.

I understand that under The Immigration (EEA) Regulations 2006 section 13, my family members and I have an initial right of residence.

This is an application under EU law and I understand that it will be processed as soon as possible and on a priority basis.

Sorry for the long post, but what do you think and what should I modify? the items between ( ) were fyi only and won't be included on the final letter.

Thanks in advance!!

epic · Post by **epic** » Fri Mar 30, 2012 1:17 pm

Hi, anyone can help? I need to send my papers and just wanted to check that everything is in place. Thanks!

Post by **EUsmileWEallsmile** » Fri Mar 30, 2012 3:58 pm

epic wrote:Hi, anyone can help? I need to send my papers and just wanted to check that everything is in place. Thanks!

What is the civil union certificate? Is that like a marriage certificate?

epic · Post by **epic** » Fri Mar 30, 2012 8:19 pm

[/quote]
What is the civil union certificate? Is that like a marriage certificate?[quote]

Yes its like the marriage, but you don't have to divorce to end a relationship but she has almost the same privileges than a wife. It's normally also used for same gender couples its also called civil partner and acording the UK border site is valid:

http://www.ukba.homeoffice.gov.uk/eucit ... ly-permit/#
the family member, if they are the British citizen's spouse or civil partner, has been living together with the British citizen in the EEA country..

epic · Post by **epic** » Fri Mar 30, 2012 8:20 pm

Yes its like the marriage, but you don't have to divorce to end a relationship but she has almost the same privileges than a wife. It's normally also used for same gender couples its also called civil partner and acording the UK border site is valid:

http://www.ukba.homeoffice.gov.uk/eucit ... ly-permit/#
the family member, if they are the British citizen's spouse or civil partner, has been living together with the British citizen in the EEA country..

Post by **EUsmileWEallsmile** » Fri Mar 30, 2012 9:18 pm

epic wrote:Hi there guys, I'm reposting here as per Lucapooka request

Thanks for the support that you gave me.

I'm finishing to gather the evidence to present the EEA Family for my Fiancee but I have a doubt on the cover letter that you need to send along with the papers.

I found some samples on the forum and this is the evidence that I'm sending and the following note:

Whom It May Concern:

Please find enclosed the application for an EEA Family Permit for my Fiancee
We plan to travel to the UK together on xx (tbd) August 2012. According to The Immigration (EEA) Regulations 2006 sections 12 and 13, the following documents are provided with the applications:

(1) (Fiancee name):
XXXXXXX
- Application form completed and printed (ok)
- her passport (ok)
- our civil union certificate (YES)
- my divorce certificate (yes, relevent to show previous complete)
- 1 photo (ok)
- copy of my EEA Italian passport (ok)

- her CV (not required)

None of the below required either.

- ISBN codes and newspapers mentions to her books publications
- her current university grades (she will be finished her studies on july before we leave)
- my CV
- my current work certificate on IBM and payslips .
- Shared bankslip info with savings (aprox 10k USD that's enough???).
- Phone bill at my name under the same address.
- Cable/Internet bill at her name under the same address.
- Deed under her name as owner of our current living address.
- 20 photos together including some with our family on reunions
- 2 letters from mutual friends that confirm proof of our relationship
- Plane and bus tickets for different travels that we have done together.
- Admission letter of an authorized English institute for her initial 6 months course to prepare the IELTS certificate.
- Proof or income from rent of one of her parents apartments.

Copies and translations of the above documents have been included, in addition to the originals.

I have traveled to the UK in 2010 and I will be exercising my treaty rights as a jobseeker according to section 6 of The Immigration (EEA) Regulations 2006. I have provided copies of my CV, current work on IBM to demonstrate my intention to work.

I understand that under The Immigration (EEA) Regulations 2006 section 13, my family members and I have an initial right of residence.

This is an application under EU law and I understand that it will be processed as soon as possible and on a priority basis.

Sorry for the long post, but what do you think and what should I modify? the items between ( ) were fyi only and won't be included on the final letter.

Thanks in advance!!

Comments above

Post by **EUsmileWEallsmile** » Fri Mar 30, 2012 9:22 pm

epic wrote:

What is the civil union certificate? Is that like a marriage certificate?

Yes its like the marriage, but you don't have to divorce to end a relationship but she has almost the same privileges than a wife. It's normally also used for same gender couples its also called civil partner and acording the UK border site is valid:

http://www.ukba.homeoffice.gov.uk/eucit ... ly-permit/#
the family member, if they are the British citizen's spouse or civil partner, has been living together with the British citizen in the EEA country..

Ok, for your purposes, this should be treated as a marriage certificate. While not strictly necessary, if your civil union certificate is very recent, you may consider providing evidence of co-habitation.

epic · Post by **epic** » Sat Mar 31, 2012 12:25 am

Thanks for your response,

Because our civil union cert is so recent that's why I wanted to present additional info as a proff some travels together, bills and bank slips under the same address and pics.

Do you think that's enough to proff co-habitation or what should I add?
Its the cover letter ok or should I add something?

Post by **EUsmileWEallsmile** » Sat Mar 31, 2012 9:07 am

I understand what you are trying to, a brief covering letter describing your relationship and some backup material supporting that would be fine. There is no need to go too far with this.

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Help on EEA Family Visa application outside UK

Help on EEA Family Visa application outside UK