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Italian married to an non-EU: Paperwork inquiries

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msocarras
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Italian married to an non-EU: Paperwork inquiries

Post by msocarras » Sun Jun 17, 2007 4:47 am

Hi.

I am an Italian Woman married to a non-EU citizen. We currently live in central america. However we are planning to move to the UK.

1. What paperwork should we fill in?
2. Since we are living overseas, non of us have jobs or income in the UK. How does this affect the paperwork?
3.Should this paper work be filled in by us or is its recommended to use an inmigration lawyer. Any advice lawyer firms?

thanks,

Rossanna

thsths
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Re: Italian married to an non-EU: Paperwork inquiries

Post by thsths » Sun Jun 17, 2007 2:47 pm

msocarras wrote:I am an Italian Woman married to a non-EU citizen. We currently live in central america. However we are planning to move to the UK.
I think it might be easier to more to Italy first, even if only for a short while. Applying from Italy would be a lot easier. And if you are eligible for unemployment benefits in Italy, you can even transfer these to the UK for 3 months.
1. What paperwork should we fill in?
You don't need anything, but your husband needs to apply for an EEA Family Permit at the local British consulate. The form is VAF1. Usually this application would be decided under European law, but since you apply from outside of the EU, the British immigration rules also have a part in this.
2. Since we are living overseas, non of us have jobs or income in the UK. How does this affect the paperwork?
That is pretty normal. It would be preferable if you already had a job in the UK that you can come to, but that is not necessary. You just need to demonstrate that you are looking for a job, have a reasonable chance of finding one, and that you have enough money for the mean time.
3.Should this paper work be filled in by us or is its recommended to use an inmigration lawyer. Any advice lawyer firms?
Unless you have a lot of money, you probably want to do the application yourself. Basically you need to get all the documents together. You may want to ask an immigration lawyer if you are in any doubt about some details, or you can just post here.

msocarras
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Post by msocarras » Mon Jun 18, 2007 1:26 am

Is the VAF2 form the only paperwork needed? Is this the same EEA2 form for family permit?

I downloaded the form and it is quite simple to fil in.

regards,

rossanna

John
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Post by John » Mon Jun 18, 2007 7:53 am

msocarras, I don't see any logic in moving to Italy first. Just use form VAF1 (not VAF2) to apply for an EEA Family Permit for your non-EEA Citizen family member.

When you get to the UK, how will you first be supporting yourself?
John

msocarras
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Post by msocarras » Mon Jun 18, 2007 1:40 pm

Hi John:

Thanks for your response. We have enough funding for a couple of weeks (about 2K pounds). My husband is a networking expert engineer, in fact he has been contacted several times from companies in the UK (unfortunatetly since he has no working visa or family permit companies aren't able to hire him inmediatly).

thanks,

Rossanna

John
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Post by John » Mon Jun 18, 2007 3:27 pm

Proceed with the application on form VAF1 for an EEA Family Permit. That permit in his passport will confirm the ability to work in the UK.
John

msocarras
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Post by msocarras » Tue Jun 19, 2007 7:26 am

Hello John:

The form VAF1 says to be non-settlement. What is the difference between VAF1 and VAF2? Does my husband have to fill in VAF1 even if we are planning to move and live in the UK

In question 5.3 of the VAF1 it ask the following: Why are you going to the UK.
It is ok to answer something like "settlement" or similar.

regards,

Rossanna

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Jun 19, 2007 9:01 am

You are applying for what is called an "EEA family permit" in the UK. VAF1 is the right form for that, whether you are coming on holiday or to work.

What is the reason you are coming to the UK? To study? To work? For holiday? For medical treatment? Whatever that reason is, you put that down in answer to 5.3

msocarras
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Post by msocarras » Tue Jun 19, 2007 4:48 pm

Hi!

Thanks for your response. From your point of view, what are the chances of success considering the following:

- My Husband and me are currently living out of the UK
- He is an expert Cisco engineer
- He can proof how he is a demanded engineer (I am not such demanded proffesional)
- We have no formal job offer from the UK

I understand that famiy permit is first given for 6 month. Am I right?

rossanna

John
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Post by John » Tue Jun 19, 2007 6:41 pm

No need to prove those things. But it will do no harm to mention those items. Getting an EEA Family Permit under EU legislation is distinctly easier that getting a visa under UK immigration law.

Your husband gets the EEA Family Permit ... you both (and any children?) move to the UK .... he gets a job here ... once he has that job he applies on form EEA2 for a 5-year Residence Card.

You are Italian. How long have the two of you been married? Is it yet possible for him to make an application for Italian Citizenship?
John

msocarras
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Post by msocarras » Tue Jun 19, 2007 11:22 pm

Hello John:

We have been married for a year. I introduced the paperwork for his Italian passport but the process takes three years if done from out of italy.

It seems simple the VAF1 process. We are going to start it now.

regards,

Rossanna

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