PLEASE help : I am EEA National, wife NOT and BOTH traveling

[bradk]

Hi all,

Please can you help me out with a question or two.

We live in South Africa, but am planning to come to the UK in July. Myself and wife have been married for 7 years, have 2 children together. I am an Italian Citizen, so are my children but my wife is not.

I am planning on applying for my wife to join me on an EEA family permit. I am going over to the UK as a job seeker, no concrete offers as yet though, we have the equivalent of 4000pounds and we are going to live with my father until we both find employment, I have a letter from him stating as such.

Firstly, I need to supply a letter for the embassy.... Spouse declaration that we are travelling together.
Our marriage is certainly real and all documentation is sorted, but do I have anything to worry about?????
WHat grounds could it be refused on??

Really worried about supplying this letter, what do I need to write in it? Any assistance would be TRULY appreciated.

[86ti]

http://www.ukvisas.gov.uk/en/howtoapply ... s#22715004

WHat grounds could it be refused on??

Public safety/policy/health, fake documents and not to forget the ignorance of the ECO.

[bradk]

http://www.ukvisas.gov.uk/en/howtoapply ... s#22715004

WHat grounds could it be refused on??

Public safety/policy/health, fake documents and not to forget the ignorance of the ECO.

Ha Ha.. We are all fit and healthy and there are NO fake documents!!

[Directive/2004/38/EC]

They ask all sorts of questions on the application which are not relevant to the application. Things the equivalent of "what colour is your car?"

For the first 90 days, there are no conditions on your stay (and thus her stay). You do not need to be working or looking for work or anything else. If you at that point decide to stay longer, you will need to be working or looking for work, or otherwise exercising your treaty rights.

You do not need to have any savings at all. I would personally not tell them either the colour of your car or how much savings you have.

They also ask for details of what your wife is doing. Again that is 100% irrelevant. You do not need to tell them about her employment, or lack thereof.

[bradk]

Thanks for the input and suggestions.
Is there any advice on the drafting of this letter to the Embassy? I mean, of course, besides me supply passports and passport numbers. I have basically said that we are travelling together, we are living together when we get there and we are both going to be looking for employment. I have also said that I have full knowlegde of the application.
Anything else that is really necessary in the letter???

[86ti]

Maybe you have not taken my reply seriously and I certainly do understand that you are nervous but the link (official UK visas/UKBA web page) I gave you really gives very clear instructions:

a letter from you declaring that you are travelling with them or that they are joining you in the UK

You can do that in a single sentence. It is unclear why you would want to write more. Besides, questions like yours have been answered here myriads of times. Maybe reading some of those threads will help you see things clearer and stop worrying about trivial issues?

[Nimitta]

You can do that in a single sentence. It is unclear why you would want to write more.

Lack of information makes him feel very unsafe and take totally unnecessary precautions. I wish you could read some Russian immigration forums.

[bradk]

Maybe you have not taken my reply seriously and I certainly do understand that you are nervous but the link (official UK visas/UKBA web page) I gave you really gives very clear instructions:

a letter from you declaring that you are travelling with them or that they are joining you in the UK

You can do that in a single sentence. It is unclear why you would want to write more. Besides, questions like yours have been answered here myriads of times. Maybe reading some of those threads will help you see things clearer and stop worrying about trivial issues?

I have read that link thousands of times and I thank you for posting it. Yes, I truly am nervous about this, my childrens future and passage out of SA relies on their mother getting access to the UK. Sorry if your misinterpreted my reply as being nonchalant, it wasnt meant in that way.
I have read a number of threads here as well and was just looking for clarification. I dont understand why they would ask of just a short one sentence letter from myself, when they pretty much ask for everything else short of a DNA sample.
Sorry for the shortsighted view.

[86ti]

It is a well known fact that the VAF5 form asks for way too many questions that have no basis in law (neither the form nor any guides are the law), at least in the case where the EEA national is not exercising treaty rights already. But obviously there is only one single form for both cases. Nevertheless, I would say that aforementioned web page and also the EUN do not claim that you would have to answer every single answer (besides the ones which obviously do not make any sense in your particular circumstances) in the form. Those documents may lack some clarity but in general I would say they do not misinform.

The actual problem, however, is that the ECOs do not always seem to be aware of the internal instructions (EUN) or have trouble to fully comprehend them. I have not yet seen any reports here that an application would have been denied because of a question unanswered (but I guess most people tend to fill in as most fields as possible regardless of their personal circumstances). But there are two typical reasons for refusal: 1) insinuation of a marriage of convenience, and 2) the applicant didn't show that he/she is a qualified person. The first one obviously doesn't apply to you (as soon as there are children the burden of proof is on the ECO but a marriage of seven years in itself is more than sufficient to dispel any doubts). The second is utter b***s*** as it infringes on the rights derived from section 13 in the EEA regulations (the first 90 days or three months as pointed out above). Several people have reported the latter problem but as far as I can remember they have eventually all been resolved after a complaint to the ECM.

[bradk]

Thanks 86ti. I am starting to relax a little more now. Just gonna submit and see what happens. There is absolutely no reason for them to refuse (except on the part of ignorance on their part) and I am going to go in fully armed with all the relevant documentation and the Directive as well - JUST in case Thanks for your help again and I will let you know how it goes.

[86ti]

I am going to go in fully armed with all the relevant documentation

Passports and marriage certificate is all that is required.