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EU living&working in UK, marriage with a Turkish citizen

Posted: Sun Jul 15, 2012 6:34 pm
by gixeco
Hi,
I am regularly registered as an employee in UK and I am an EU citizen from Italy. After 5 years of engagement with my girlfriend we decided to marry and I had to face the issue represented by UKBA. Are days that I am struggling and I am very worried at the moment as she is regularly working in Turkey and we don't understand why our marriage will be recognized by Italy and EU immediately but UK instead wants tons of paper around it.

I got and I am not sure if to let her to compile the VAF4A or VAF5A online form with appendix, as one brings to the other and it is a bit confusing me (Vaf4A is for partners family member, vaf5a is for non-EEA but then from the presentation page site it takes you again under VAF4A for Visa and Immigration rules).
I seem to be part of both categories and I don't really understand the difference, and a refusal at this point will be a huge huge problem (we are already in late as I understood, so she will reach me here when possible).
We respect all the requirements ethic&financial they ask for the VAF4A (and appendixes 1&2), and I find strange they are asking private info about her life in Turkey on VAF5A instead.

Which of the document am I supposed to do? I don't have any problem to give any proof of our relationship and another day I'd complain on "why" all of this.
But At the moment I am interested to solve avoiding refusals.

Thanks in advance for any help, and sorry to have not introduced myself as per my feeling a bit in hurry with this problem.

Cheers, a "frustrated"
Gianni

Posted: Sun Jul 15, 2012 8:18 pm
by Jambo
Have you been living in the UK for more than 5 years? If not, then you can't make use of VAF4A route as you are not considered 'settled' in the UK. Anyway, it doesn't make sense to apply using VAF4A as this route attracts a hefty fee while applications under EEA regulations (including VAF5) are free.

The VAF5 form used for EEA Family Permit application is an old form the HO reused from other categories applications and doesn't really fit what EEA regulations require. Part 5 (your wife's financial and employment) is completely irrelevant to the application. She can just answer "not required for EEA Family Permit".

Why do you say the UK is asking tons of paper around your marriage? Normally, a marriage certificate is all the is required.

If you are working in the UK, what is required for the EEA Family Permit application is:

1. A copy of your Italian passport / ID Card.
2. Proof of your work in the UK (last 3 payslips for example).
3. Marriage certificate.

That's all.

Posted: Mon Jul 16, 2012 9:41 am
by gixeco
Hi and thanks for quick answer :)
I started to live in UK few months ago so no settlement.

About Turkey the applying is online, my reference to VAF5A was about my reading of all the document and my concerns you confirmed (the online application recognize your type of partnership and changes the form proposed).
When applying online the date format "01 Jan 1990" is not accepted and "not known" or "not applicable" are not always possible as the application doesn't let you to go on with submitting,

About your 3 points ok, but what she need is the problem, if I understood well:
1) Passport
2) Family permit for non-EEA online application form
3) if not refused, biometric data and appointment request at Worldbridge in Istanbul (also here, not clear in which way we should ask them to shorten waiting time a bit)
4) if UKBA returns are everything fine, then she can come physically to Uk border in my presence? Showing
- Passport
- Marriage certificate
- Family Permit?? What type of document do we have to expect for?

Of course there's not time and we can't come together as here I am working and there she is waiting. Good procedures, isn't it?

Thanks again
Gianni

Posted: Mon Jul 16, 2012 10:28 am
by Jambo
The EEA Family Permit acts as an entry clearance to the UK (visa) so once this is granted, it is placed in the passport and is used to travel to the UK.

For some fields in the online form, she will need to give some kind of an answer to move to the next stage. However, she is not required to provide any information on her employment or finance. I haven't fill in an online form my self but I'm sure you can get around those questions.

According to the UKBA visa processing time, in April EEA applications in Istanbul took less than 10 days (although in other locations, it took a bit longer) so I don't think it is too bad especially if you have already been living apart for several months.

Posted: Mon Jul 16, 2012 10:40 am
by gixeco
Jambo I have to thank you very much.
My day got much much better now :)

I'll update this thread as soon as I get updates on the steps to do so to close the cycle and hopefully to help someone else that is not practice like myself.

Have a good day.
Gianni