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Visa4UK online EEA Family Permit Application

Posted: Mon Jan 13, 2014 10:45 am
by jestew
Hi,

I'm an american citizen and my wife is british. My spouse has been a resident here since early December 2013 and we will apply for a family permit after 12 weeks. I figured I might as well go ahead and begin to fill out the online form and I've run into some questions - some of which are already answered on the boards...

I'm using the new online system - which is much better than my experience with the previous online system - and still frustrating because the system will log me out after a few minutes of activity and not update the screen. This means that the first time I understand the system is not able to save my information is when I come back to my computer after making a cup of tea and type in some more information and hit 'Save' - it takes me to the login page - grrrr.... data lost...

I have been reading the posts here that suggest that I don't need to fill in any unnecessary information.

It asks if I have ever travelled to other countries in the last 10 years - I've travelled 20 different times - do I need to fill in this section? Or can I fill in "N/A for EEA FAMILY PERMIT"?

It asks me if I've ever had a previous passport - I have had previous passports - at least 2 - but they were kept by the US visa processing center and I no longer have them. Do I need to contact the US officials to get that information? Can I just say - "I don't know" - or can I enter "N/A for EEA FAMILY PERMIT"?

Ok, that's it for now, thanks!

Re: Visa4UK online EEA Family Permit Application

Posted: Mon Jan 13, 2014 11:01 am
by jestew
Hi Again,

In the Family and Friends section is it correct that I can enter "N/A for EEA FAMILY PERMIT" for the question: Please enter the details of your plan to do whilst in the UK?

Also it asks if I have friends of family in the UK. The Yes/No is a radio button so if I say Yes it then asks me to list each one and list their details. My fiance has 3 children in the UK. Do I need to include them? Do I need to include anyone or can I just say No to the previous questions?

Thanks!

Re: Visa4UK online EEA Family Permit Application

Posted: Mon Jan 13, 2014 11:16 am
by askmeplz82
resident in another EU country ?
just 12 weeks and you want to apply for EEA family permit ... ?

http://www.migrantsrights.org.uk/news/2 ... ingh-route

http://www.immigrationboards.com/eea-ro ... 53756.html

Re: Visa4UK online EEA Family Permit Application

Posted: Mon Jan 13, 2014 11:39 am
by jestew
askmeplz82 wrote:resident in another EU country ?
just 12 weeks and you want to apply for EEA family permit ... ?

http://www.migrantsrights.org.uk/news/2 ... ingh-route

http://www.immigrationboards.com/eea-ro ... 53756.html
My fiance is shifting her residence to Ireland for the duration of her contract here. She is cancelling all housing benefits, tax credits and child benefits in the UK - even though legally she is not required to do so - with the new restrictions passed in Dec it seemed smarter for us to do so.

We have opened a joint bank account and we've shifted all of her UK bank account addresses to be here in Ireland.

We have brought her 10yr old daughter with us and she will be enrolled in various activities here including gymnastics and dance and theatre. We hope that will contribute to encouraging UKBA to view it as a shift of home.

We are thinking of registering the car here in Ireland and getting an Irish driver's license.

Any other ideas of how to make it seem that we are completely shifting our home to Ireland are welcome... In the meantime, I am hoping that 12 weeks will still be a valid time to make the application. If not, then perhaps we will have to be here longer.

thanks!

Re: Visa4UK online EEA Family Permit Application

Posted: Mon Jan 13, 2014 12:53 pm
by askmeplz82
According to regulation 9(3), the centre of a person’s life will be assessed by reference to:

“(a) the period of residence in the EEA State as a worker or self-employed person;

(b) the location of [the person]’s principal residence;

(c) the degree of integration of [the person] in the EEA State.”


Source:

http://blogs.kent.ac.uk/eu-rights-clini ... ngh-route/

Re: Visa4UK online EEA Family Permit Application

Posted: Mon Jan 13, 2014 5:37 pm
by jestew
askmeplz82 wrote:According to regulation 9(3), the centre of a person’s life will be assessed by reference to:

“(a) the period of residence in the EEA State as a worker or self-employed person;

(b) the location of [the person]’s principal residence;

(c) the degree of integration of [the person] in the EEA State.”
Thank you... I've read all that - can you explain what your concern is? I'm not understanding what you want me to know... Are you thinking that I've done something that is not likely to succeed? If so I'd love to find out...

Thanks!

Re: Visa4UK online EEA Family Permit Application

Posted: Mon Jan 13, 2014 7:26 pm
by 357mag
How long is a piece of string? It looks as though UKBA can interpret those 3 requirements any way they like.

Re: Visa4UK online EEA Family Permit Application

Posted: Wed Jan 15, 2014 8:34 am
by askmeplz82
My spouse has been a resident here since early December 2013 and we will apply for a family permit after 12 weeks.

you may fail in "a and b" 12 weeks is very short time, You can not say Ireland your fiance principle residence if it's only 3 months

Re: Visa4UK online EEA Family Permit Application

Posted: Wed Jan 15, 2014 11:22 am
by jestew
I appreciate people willing to share their ideas of how these new restrictions might affect applications.

I'd like to return to my original questions about applying for the Family Permit and leave speculation for another thread.
I have been reading the posts here that suggest that I don't need to fill in any unnecessary information.

It asks if I have ever travelled to other countries in the last 10 years - I've travelled 20 different times - do I need to fill in this section? Or can I fill in "N/A for EEA FAMILY PERMIT"?

It asks me if I've ever had a previous passport - I have had previous passports - at least 2 - but they were kept by the US visa processing center and I no longer have them. Do I need to contact the US officials to get that information? Can I just say - "I don't know" - or can I enter "N/A for EEA FAMILY PERMIT"?

In the Family and Friends section is it correct that I can enter "N/A for EEA FAMILY PERMIT" for the question: Please enter the details of your plan to do whilst in the UK?

Also it asks if I have friends of family in the UK. The Yes/No is a radio button so if I say Yes it then asks me to list each one and list their details. My fiance has 3 children in the UK. Do I need to include them? Do I need to include anyone or can I just say No to the previous questions?
Does anyone have advice for these questions? Thanks!

Re: Visa4UK online EEA Family Permit Application

Posted: Wed Jan 15, 2014 12:49 pm
by Jellybean105
The questions you are asking about don't really determine anything about your relationship, you living together or how you are exercising your EU treaty rights so I'd think it was not necessary to answer under the EU law. However, UKBA will pick up on anything to refuse you so if you don't have anything to hide then its better you just fill it instead of making it look like you do. They like to know everything.

Also, I know you don't want to hear the advice from others but they are only trying to help with the knowledge and experience they have. Most people have got quite far with the help and advice from people on this forum and it wouldn't hurt to at least think about what they are trying to say. A lot of new applicants have been refused on these grounds.

Re: Visa4UK online EEA Family Permit Application

Posted: Wed Jan 15, 2014 7:55 pm
by jestew
Hey JellyBean! I feel honored and privileged that you responded to my questions, thanks! I've been following your questions for the past 9 months and they've been very helpful for me. I appologize to anyone if they thought I haven't appreciated their responses - my only intention was to stay with the subject that I made in the post - which was questions about the FP application and things had started to focus more on the new restrictions passed by UKBA...

I know that some of the advice about applying for the FP has been not to answer unnecessary questions on the application form. It just isn't clear to me which ones are unnecessary and which ones aren't - so I was hoping to get them archived on the site by asking the questions here...

Good luck with your own situation! All the best...

Re: Visa4UK online EEA Family Permit Application

Posted: Wed Jan 15, 2014 8:05 pm
by Jambo
Jellybean105 wrote:However, UKBA will pick up on anything to refuse you so if you don't have anything to hide then its better you just fill it instead of making it look like you do. They like to know everything.
My advice based on the same reasoning, is not to answer unnecessary questions. Why to provide the ECO with ammunition for a refusal. He can't refuse an application based on a feeling you are hiding something.

I remember one report here of a refusal based on only one family shown in the wedding pictures which the applicant submitted with intention to show this is a genuine relationship.

Re: Visa4UK online EEA Family Permit Application

Posted: Wed Jan 15, 2014 8:49 pm
by Jellybean105
True, it could go either way and I think at the end of the day it depends on the ECO. I gave all the information they asked for and also provided photos (of which only had my family and only his friends) and we still got the permit after only 2 months.

I think the overall decision is based on a lot of different factors and its up to you to provide the right information that will convince them of your situation whether it be filling out those questions or not.

Re: Visa4UK online EEA Family Permit Application

Posted: Wed Jan 29, 2014 11:27 am
by jestew
Jambo wrote:
Jellybean105 wrote:However, UKBA will pick up on anything to refuse you so if you don't have anything to hide then its better you just fill it instead of making it look like you do. They like to know everything.
My advice based on the same reasoning, is not to answer unnecessary questions. Why to provide the ECO with ammunition for a refusal. He can't refuse an application based on a feeling you are hiding something.

I remember one report here of a refusal based on only one family shown in the wedding pictures which the applicant submitted with intention to show this is a genuine relationship.
Thank you for that advice Jambo. My confusion is that the UKBA form asks many many questions. Most of them seem unrelated to the FP. How can I tell which I have to answer and which I don't have to answer? If I don't answer some of them will they send back my application saying "you have to fill this question out" or will they simply reject my application - my worry is they will reject my application.

Thanks!