Dutch/Malaysian couple needs advise emigrating to UK.

We're a Dutch/Malaysian couple, intending to get married. I have some questions tho;

1: Do we need to legalize/register the marriage at the UK or Dutch Embassy in Malaysia ?

2: Do we still need to apply for an EEA Family permit, or can we just fly to the UK using the EC 2004/38
Directive and goto the home office to apply for the EEA1 and EEA2 documents ?

3: How much savings would they be satisfied with if we need the EEA Family permit, right now we have around 10.000 UK pounds.

4: Do we need a job and housing in the UK prior to leaving, we do have friends who can provide housing for us but no job.

5: are there any other things I forgot to ask/missed ?

Thank you very much for any advise and help.

Using your own numbering to answer:-

1) No, If the marriage is considered legal in malaysia, only a copy of it in English should be enough.

2) Neither you nor your wife need an Entry Clearance to enter the UK. But having an EEAFP helps in getting the EEA2 application to be processed faster.

3) The amount you quoted is enough as the main objective here is to show that you have sufficeinet resources not to become a burden on the public funds.

4) N jobs are necessary to be shown. A letter from the friends certifying that you and your wife will be staying with them during the early periods should do. Getting the letter attested by a solicitor of oaths is not a necessity but is recommended.

5) Depends on what you know thus far.

Thanks for your quick reply, appreciate that a lot.

Number 1, so no need to go trough the hassle of legalizing and getting apostle stamps, that is a great time and money saver.

Number 2, thats also good news, but how much longer you reckon it takes since she does need a permit to work, or is showing the marriage certificate to employers enough to proof to them she is legal to live and work in UK?

As we're a bit reluctant to apply for the EEAFP here as they gave us a lot of mis-information over the phone at the UKVisas office in KL. They told us we need to bring in certified copies of all pages of our passports and other things that were not listed on the EEAFP application form (VAF5) i found here and a guide to it here.

Wouldn't it also be a bit unreasonable to demand certain documents they did not ask for in the initial application and then reject it?

Number 3, i'm glad that it is enough, we both alos have families who can provide funds if required.

Number 4, i think you meant; no jobs are needed to be shown, which is also a good thing as we don't have that much money to fly up and to UK to go to interviews and the likes.

As to number 5, maybe we need some additional documents. Such as proof of relationship, being a lawful citizen in The Netherlands, proof of funds (will a copy of my savings account do?).

Also my wife already spend 2 years in UK on a working-holiday visa, and i've lived there on and off for a bout 1.5 years, tho i can't proof that with utility bills, i got some wage slips and an oyster which they could check to see that i been traveling a lot, don't know if that counts tho, we also have a lot of pictures taken back then.

Thanks again for your help!

Your wife will not need a work permit. But just having marriage certificate is also not enough. She will have send of for the Residence Card using the EEA2 to prove that she is entitled to work to prospective employers.

It is a free application. So even if rejected, just rectify the mistakes and apply again. Eiterh way include all documents that you consider relevant so that it makes through in the first instance itself. Do not let the embasy inform you about the documents. Do your research and submit all the needed ones.

Proof of cohabitation is not a necessity, but do bear in mind that the embassy is entitled to ask for them and the pre-emtive thing to do might be to include them in the first instance.

In my experience, when applying for an EEA FP, the British High Commission tends to ask for documents as if your application was being considered under UK immigration rules. So even though the VAF5 (EEA FP) application form doesn't seem to require much documentation, you stand a better chance by providing as much documentation as you can. The more the better! This is especially so if you are applying from outside the EU.

Do provide as much proof as you can as regards to number 5. Anything to link your wife to the UK when she was here on a WHV (eg. NHS card, if she had one). Not too sure about the oyster card though! Bank statements are an absolute must, three months worth if you can. Good Luck!

In my experience, when applying for an EEA FP, the British High Commission tends to ask for documents as if your application was being considered under UK immigration rules

I do remember coming across a verdict on this board that made it clear that such an interpretation was purely a UK invention and was not in the correct interpretation of Directive38/2004 EC. So, while it does not hurt to have the extra documents, I would be surprised if it was rejected for not complying with the UK immigration requirements as well.

Docterror wrote:I do remember coming across a verdict on this board that made it clear that such an interpretation was purely a UK invention and was not in the correct interpretation of Directive38/2004 EC.....

CO (EEA Regulations: family permit) Nigeria 2007 UKAIT 00070

Decus et Tutamen, thanks for the tip (no pun intended).

The inspiration to be found in a pound coin is amazing.

Thank you all very much for the information, its greatly appreciated

So the main thing now is getting married, then get the marriage cert legalized at the UK and Dutch embassy in KL, so the marriage cert is legal in Malaysia, UK and Holland, then we apply for the EEAFP, and after getting that fly to the UK where I goto the home office to get my EEA1 and where we also apply for my wife's EEA2. Below some lists to what i think is needed for those 3 applications. Please let me know if i missed out on anything, as you said more documents might help our case go smoother and faster thought the system.

Documents required for her EEAFP application:

1a - Marriage cert in English (legalized at UK and Dutch embassies) does this expire after 6 months as with other documents e.g. single status.
1b - Copies of savings to show we wont be a burden to public funds.
1c - Copies of my wife's bank statements showing income in Malaysia.
1d - She already/still has a National Insurance card/number (does this help?).
1e - Copies of all pages of her and mine passport (do they need to be legalized too?).
1f - A letter from our friends declaring they will provide housing.
1g - Proof of relationship: such as photo's, her old Dutch Residence/Work permits showing she lived with me for 1 year in Holland.

Once EEAFP is granted and we're in UK:

Documents required for my EEA1 application (not sure if these are correct):

2a - Legalized marriage cert for UK use (done at UK embassy in KL).
2b - Proof of residence, how do we do that when living with friends?
2c - Proof of work, how do we do that if/when i'm still seeking for a job?
2d - Anything else ?

Documents required for my wife's EEA2 application are:

3a - Legalized marriage cert for UK use (done at UK embassy in KL).
3b - Legalized birth cert for UK use (done at UK embassy in KL).
3c - Proof of residence, how do we do that when living with friends?
3d - Proof of work, how do we do that if/when she is still seeking for a job?
3e - My wife still has a UK bank account, does that help?
3f - Anything else ?

I'm sorry about the flood of questions, but the UKVisas office here is anything but helpful regarding our inquiries. I found the EEA1 and EEA2 application forms on the Home Office website (are these valid and up-to-date? Thats where some of my questions come from while other questions were answered by the same form. Please let me know if i got something wrong or forgot something or have too many documents listed, as the EEA1/EEA2 forms where not clear to which documents they required, it only has a checklist of documents we send in. I also hope this thread can be of help of others doing the same thing. Thanks again!

where I goto the home office to get my EEA1 and where we also apply for my wife's EEA2.

EEA2 applications can only be done by post.

I'm tad worried about the need to proof we're not in a marriage of convenience as we're about to get married and apply for the EEAFP quickly afterwards, we have been together since 2004, but have no joint accounts or names on utility bills, we rented a double room in London and when we moved to Holland everything was on my name. We have a Dutch working permit/residence card in her passport with my name on it tho, dated in 2005. and loads of pictures in both London and Holland and Malaysia, would that be enough ? Some tips on what kind of proof is accepted would be appreciated to ease the mind. I'm a very worrisome guy