EEA Family Permit through Surinder Singh Route

Hello everyone, to cut a long story short here goes...
Firstly I would like to thank everyone for their previous input on my situation (I posted about 9 months ago ). Please bear with me as this is quite a long post.
Here's a recap: In March 2008 my then girlfriend (Filipina) became pregnant in Italy. I am British. She was staying illegally in Italy but was issued a temporary residence permit due to the pregnancy. We applied for her on a visitor visa for the UK so she could see what life was like and due to my lack of knowledge regarding visas, she was refused.
Reasons being were that she was only temporarily legal and that she would most probably not go back to Italy. They also stated that she hadn't contributed towards taxes in Italy (which is quite difficult being illegal ). This was a wake up call for us and we felt stuck.
Update: Since then we have gotten married and now have our wonderful baby son. Our son now has a British passport through me. In regards to my wife... We went through tonnes of paperwork and regulations and managed to get her a Carta di Sogiorno which is basically a permanent residence card issued for the non EEA spouse of an EEA national. Surprisingly fast for Italy(Took less than 2 months!)
I have now made the decision for us to go back to the UK. I am a teacher here in Italy and due to limited work availability, I am finding it increasingly difficult to keep with even rent payments! So we have now applied for the EEA FAMILY PERMIT through the Surinder Singh route as I have been resident in Italy since Nov last year and have been working since June last year. Questions...

1. What documents should we bring to the inteview (which is next week).
I will be bringing marriage cert, all our passports(including my son's), her residence permit in Italy, declaration letter from me to say I will be travelling with her, letter from my sister's bank saying she is the owner and has a mortgage(as we will be staying with her), birth certs, letter from my current employer in Italy and payslips going back to lJune last year, Inteview letter for a jon in London in the first week of October. Are these documents sufficient?

2. I know that legally we should be issued the permit, but realistically, what are our chances and has anyone had experience in getting one from Italy?

3. Will her previuos visitor visa refusal be taken into account and will this have an influence on her current visa application?

4. How long do you think it will take to issue the permit? I know it should be a top priority case but how long does it actually take? Feedback anyone?

Thank you

1. What supporting documents should my family members include with their application?

Hey I remember your post......congrats on your baby boy! I'm not sure they should have refused your original EEA permit but as your wife had a permesso di soggiorno per gravidanza I might see how they did...although you could have appealed! Ok so all the documents you listed are enough....actually you are supplying alot more than is required! But it can't harm your application.....they can not take into account her previous refusal as you are married and you are exercising your treaty rights? I see you have an interview? Where exactly at the embassy? As a friend of mine applied and had no interview!

Thanks Vinny, Hi Ciaramc, how is everything?? The first application wasn't an EEA Family Permit but for a standard UK visitors visa. I applied online and filled in the application online too. After completing the form I was put through to the VAC in Rome and booked an available timeslot through their website. Any further input in regards to my questions? Thanks again guys for your prompt replies...

1. What documents should we bring to the inteview (which is next week).
I will be bringing marriage cert, all our passports(including my son's), her residence permit in Italy, declaration letter from me to say I will be travelling with her, letter from my sister's bank saying she is the owner and has a mortgage(as we will be staying with her), birth certs, letter from my current employer in Italy and payslips going back to lJune last year, Inteview letter for a jon in London in the first week of October. Are these documents sufficient?

More than enough documentation....don't worry!

2. I know that legally we should be issued the permit, but realistically, what are our chances and has anyone had experience in getting one from Italy?

Yeah a friend of mine did they dropped off their application.....did the Biometrics and the visa was issued in like 10/12 days no problems....we wrote a cover letter telling them we are applying un EU route.


3. Will her previuos visitor visa refusal be taken into account and will this have an influence on her current visa application? They can not take in to account previous refusal.....

4. How long do you think it will take to issue the permit? I know it should be a top priority case but how long does it actually take? Feedback anyone?

Max two weeks I should think

Hi, sorry to butt in, especially as I have nothing further to add. Just want to wish you luck and ask you to let us know how you get on!

I am taking this route with my filipina you see!

Regards!

Our appointment is next week so i'll be updating you guys on our progress.
Andy, where are you based?

I am still in The Philippines. We are moving to Bulgaria in about ten days, depending on time taken for her visa to Bulgaria (free and accelerated).

I will be working there for a short period of time before we apply for the EEA family permit because she is pregnant. So slightly different from your case but still interesting!

Hi everyone, the interview is coming closer and closer. I've manage to compile a stack of documents for the interview. One thing I would like to ask is that I understand a requirement of using the Surinder Singh rule is that we have been living together in the EEA state where I was exercising my treaty rights. I know we have, my wife and my son surely know they have, but i'm sure the ECO will try to find something to refuse. Don't mean to be too pessimistic! My wife just got her permanent residence card last July which states our address on it. The same address is also stated on my own Italian Identity Card. Would this be sufficient? Will they find a way to refuse because of this small formality? I would feel depressed if they did as we have been living together since the pregnancy started! I'm sorry to be so persistant. It just feels like that appointment's going to be Judgement day as this will greatly change our course of lives. I'm trying to cover all bases here... HELP!!!

I can't see any problem with that at all. In fact it will help explain that you have both been living together. The fact that one was issued earlier than the other will not have much effect, if any.

I think marriage of convenience will be out of the question, as that is the basis they usually use to refuse EEA family permit. I must be on the err of caution, as someone i know, who applied for his wife with whom he has a 2 months old British baby, was told their marriage bears the hallmarks of convenience without any explanation, even though they have been living together for 3 years and the child has a British Passport by virtue of his father. The case is however under appeal.


The other thing they usually try and bring up is if you will be a qualified person. Being a British might exempt you from.

On the face of things, your case looks robust. It is highly unlikely that your wife will be refused.

Thanks for the reply Obie. Wow, where did your friend apply from? Makes me wonder how they could define that as a marriage of convenience?!?
I will also include a letter which confirms an interview for a job upon my arrival back in the UK. Any thoughts,
Your answers are always greatly appreciated!

Thanks for the vote of confidence.

In regards to your question,yes, it is always good to forward evidence showing you have a realistic prospect of securing a job when you enter the UK, like an interview invitation. It will certainly be handy. This will also demonstrate that you don't intend to live of the welfare state.

Please note, that i don't think it is necessary by law or a lawful requirement, for those evidence to be submitted or demanded.

In a ruling by the ECJ in a case called the Eind Judgement against the Dutch Authorities, it was ruled that the returning national doesn't need to prove that he/she will be a qualified person, or doesn't need to be a qualified person for a Resident card to be issued for their Article 2 family members. Therefore the ECO will be very stupid to refuse your wife on the ground that you will not be a qualified person after 3 month. Not that i think they are very clever anyway.

My friend's wife application was refused in Ireland, which essentially has a Common Travel Area with the UK. His wife was told that over the years she has made several unsuccessful attempt at settling in the UK, and that the reason they suspect she contracted a partnership with my friend was solely to enter the UK and for residency purpose, and that they don't think the relationship is genuine.

Someone would have to be pretty desperate to be in a relationship with a British national and enter marriage and give birth to a lovely daughter just to enter the UK. How insulting. We made a personal complaint about the abrasive and confrontational attitude of the official and filed an appeal as well.

I must say, that those cases are not widespread. I suspect it is an exception to the rule and not the norm.

I wish you guys every success for next week.

Hi everyone, just an update... Had the appointment at the VAC in Rome this morning. Very good service actually, they even let me in?! ( Probably because we had a baby with us?)
That meant I could explain everything... Well the guy seemed to know what he was actually talking about and was very helpful. He knew exactly what was required for the application. We submitted everything. One thing to note is that all the documents I submitted were apparently "perfect" ( see earlier posts), there was a checklist he ticked after and the only thing I seemed not to have were bank statements. ( Although he did say it wasn't a requirement)
Well, after that my wife got her Biometrics done.
It's all just a waiting game from now I suppose?
Oh, obviously the Visa charge was free but I did have to pay €1 for a charge to text me on my mobile when the application eventually comes through. ( No problem though!)

Yesterday we received a text to go and collect our documents at The Worldbridge centre....
SUCCESS !!! We finally got the EEA Family Permit !!!
It's been a long hard process, but if you manage to get all the documents in tact, cover all bases.... it does come through!!!
I'd like to take this opportunity to thank all the people who have helped and given their invaluable information, not forgetting Vinny, Richard66, CiaraMC and Obie !!!
Thank you so much

Excellent news, very pleased for you two. How long did the whole process take altogether?

Best wishes for the future.

Starting from the beginning when she was illegal, it took about a year and a half....

Starting from when she made the application for the permit... it took about 3 weeks to receive it, bearing in mind Italy is literally "shut down" over August, so that might have been a factor for the delay.

I am writing to get advise on two routes if suitable and applicable to move towards after getting into;
My situation:
Iam on sole representative visa - a non point base route and is granted for three years.
I was in UK for 5 years on student + PSW, then came back to pakistan.
I again got sole representative 3yrs visa.

1- My brother
Who is a British National lives there from ages,
Is he can sponsor me and help to get into resident permit process
Resident permit: What are the benefits?

2- My First Cousin (my father’s > Big brother’s Son)
Who is Finland’s National, lives in Finland since birth.

3- My First Cousin (my father’s > Daughter)
Who is a British National / Finland’s National living in Dubai on husband’s residence Permit.

Under the UK law which one is easily applicable to my case;
4- EU Extended Family Member; of an EU national Route...A dependent relative,
http://surinder-singh-route.info/how-do ... der-singh/

5- Remaining Relatives Route
6- Family reunification
7- family or private life
http://obiterj.blogspot.co.uk/2012/06/t ... .html#more

Please advise which one is easy and faster to be processed and applicable to me. And what will be the benefit.

Jim!

Jimmey wrote:I am writing to get advise on two routes if suitable and applicable to move towards after getting into;
My situation:
Iam on sole representative visa - a non point base route and is granted for three years.
I was in UK for 5 years on student + PSW, then came back to pakistan.
I again got sole representative 3yrs visa.

1- My brother
Who is a British National lives there from ages,
Is he can sponsor me and help to get into resident permit process
Resident permit: What are the benefits?

2- My First Cousin (my father’s > Big brother’s Son)
Who is Finland’s National, lives in Finland since birth.

3- My First Cousin (my father’s > Daughter)
Who is a British National / Finland’s National living in Dubai on husband’s residence Permit.

Under the UK law which one is easily applicable to my case;
4- EU Extended Family Member; of an EU national Route...A dependent relative,
http://surinder-singh-route.info/how-do ... der-singh/

5- Remaining Relatives Route
6- Family reunification
7- family or private life
http://obiterj.blogspot.co.uk/2012/06/t ... .html#more

Please advise which one is easy and faster to be processed and applicable to me. And what will be the benefit.

Jim!

None of these.