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VAF5 for EEA Family Permit

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Tiny
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Joined: Thu Sep 10, 2009 11:21 am

VAF5 for EEA Family Permit

Post by Tiny » Mon Nov 02, 2009 12:26 pm

Hello everyone,

I'm going to be applying for an EEA Family Permit after I'm married in a few weeks. I've just been reading through the form and it seems to be asking for an AWFUL lot of information!

I was under the impression that technically all UKBA needed was proof of relationship and proof of the EEA national exercising treaty rights.

However, now I see that they're asking for documentary evidence of our meeting, his financial circumstances, my financial circumstances, whether or not we have any savings or property, rental agreements, etc, etc. I know this is typical of fiance/spouse visas under UK Immigration Rules but surely it's overkill for a Family Permit application? Is it really necessary to fill out EVERYTHING and provide documentary evidence for EVERYTHING? In fact the form is very, very similar to VAF4A for settlement, which of course is under UK Immigration Rules which we all know require reams and reams of evidence :)

Now, I'd be happy to provide this info IF it was completely necessary but I have a nagging suspicion that it's not...

If anyone's got any ideas or has any experience in applying for the EEA FP, any advice, suggestions or experiences would be much appreciated.

Thanks for reading!

Tiny

P.S. Does anyone else find it strange that the form asks when you intend to leave the UK? :?

86ti
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Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Mon Nov 02, 2009 1:33 pm

I agree with your view that the form asks for too many questions and some of them are probably not quite legal in the sense of EU law. The documentation that you need to provide with your application is quite well defined and is, in fact, exhaustive for family members. The problem in your case, however, is that the member states are allowed to check for marriages of convenience and the UK obviously does that 'very thoroughly'.

If you want to get the FP as smoothly as possible you better provide a few documents too much. Otherwise you may have to appeal which costs time (and probably also money) of course. Really depends on how much you are prepared to fight.

It's not so strange actually why they ask when you intend to leave again. The FP is valid for six months. For the first three months, however, the EEA only needs a passport and the non-EEA a passport and the FP. That's all, no other strings attached. By that you already exercise a treaty right.I would give them only a date <3 months. Plans may change and you have all the right to stay longer if you fulfill the conditions of the Directive.

Tiny
Newly Registered
Posts: 25
Joined: Thu Sep 10, 2009 11:21 am

Post by Tiny » Mon Nov 02, 2009 10:24 pm

Thanks for the reply, 86ti. Right, better start getting some documents together then... and we're not even married yet! :)

Oh, regarding work... I'm currently in Kenya - was in the UK until last week (PSW refused) but my employer is more than happy to keep me on. I didn't work when I wasn't allowed to but rather than terminate my contract and then re-hire me I've been put on unpaid leave for the next couple of months so technically I'm still employed by the company. Is this a problem? What should I put in the employment section? Am I 'employed part-time' (it is/was a part time job), unemployed or 'other'? I just hope I'm not breaking any rules by still being employed... even though I'm not working...

If anyone's got any ideas about this... any and all replies will be hugely appreciated!

God, I hate all this bureaucracy! :evil:

Tiny

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Tue Nov 03, 2009 8:21 am

When you are married you also automatically have the right to work. The VAF5 form is mainly about the EEA national I would say. It is mainly important to show that the EEA national will have sufficient means but as I said earlier for the first 3 months that shouldn't be necessary at all.

Tiny
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Posts: 25
Joined: Thu Sep 10, 2009 11:21 am

Post by Tiny » Tue Nov 03, 2009 10:28 am

He's been working in the UK for over a year now so AFAIK I have to prove he's a qualified person. So... I guess payslips, bank statements and proof that it's not a marriage of convenience are the biggies!

And the being on unpaid leave shouldn't be a problem?

Thanks for your help so far 86ti!

Tiny

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