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Hi,

I am working in Dubai at the moment. I lived in the UK since 2004 till January 2011 as a student. I am a family member of EEA national and we have a child together who was born in the UK but we also got her EEA passport instead of British citizenship. My wife and daughter r in UK at the moment and my wife is full-time student and excercising her treaty rights since 2009 september and she is not working currently.

I applied for Residence card in March 2010 when I was in the UK but my application was withdrawn stating I am an extended family member as our marriage certificate was from pakistan and I didnt use that and applied as partner because in all our documents Child tax credits etc I was mentioned as partner because I didnt really care about this issue which i realised has huge importance.

My actual student visa was valid till 31st May 2010 and after applying Residence card in March 2010 I gota reply on 1st November 2010 that my application is withdrawn bec my 'partner' is not eligible to sponsor me. I over stayed from 1st November till 20th January 2011 because I planned to leave the country and bring my family over to Dubai. However, I was not asked to leave by HO, infact reply from HO mentioned that if my circumstances changes then I am welcome to apply. Surely it was mistake to leave the country as I realise it now.

I left on 20th January 2011 and found work in Dubai. My wife and daugther came to Dubai in July and stayed till Mid of September 2011 but my wife had to leave as her university was suppose to start in September 2011.

My wife do not want to stay here in Dubai and she want me to come back to UK. I have that marriage certificate from Pakistan which we registered in 2007 but I didnt used that in my EEA residence card application. We have our adorable daughter who also has EEA nationality and her birth certifcate issued in the UK clearly shows I am her father and my wife is her mother.


We also have proof of address like child tax credit documents since Feburay 2009 till January 2010 at the same address. My wife is exercising her treaty rights as a student but she worked in the UK in past but did not register on work registration scheme but she do have an NI number. I am UK graduate and recently I applied UK jobs and due to my field I did have invitations from agencies to contact them once I arrive to the UK.

What do I need to do to apply for EEA family permit????

What are the points which can make my application to be granted?

Do I have to get CSI for my wife only or for myself as well?

PLEASE GUIDE ME!!!

Adnan, the UKBA publish loads of guidance. Read through it and if you have any questions, then feel free to ask.

http://www.ukba.homeoffice.gov.uk/eucit ... ly-permit/

Remember, it is your wife that will be exercising treaty rights not you. If she is a student, she will need CSI for herself all her family members.

Thank you very much for reply.

I have following concerns,

1. My wife is currently living with her mother who herself living in council flat and she is also getting housing benefit. Therefore, she do not agree that my wife uses her address and for this reason my wife is using my friend's address as her own. So what do we do to show Accommodation? We cant rent flat until I get there. Can I ask my friend who is living with his wife in one bedroom flat and his one bedroom flat has a lounge which is seperate room so he give me a letter as a proof of accomodation and he agrees that I can go there and join my wife and then find suitable accomodation?. If not, then what shall we do?

2. I applied EEA residence card as a partner and didnt use this existing marriage certificate from Pakistan. Now for EEA family permit, when I show my marriage certificate which is registered from Pakistan july 2007, would that be appropriate? because whatever it is, we are family..we have our kid..I have proof my wife visited to Dubai as well. I also have taken initial residence visa for my wife and daughter for Dubai. Is that ok to show this visa as well?

3. My wife is visiting Dubai again in December and when application is in process my wife might be here...shall I mention this in application? or let her be there until my application is done? or Apply from her as if we are going together?

4. Is there any specific financial stability in terms of amount which is required to show?I know they want to see we have enough money but is there any specified amount?

5. Finally, when I applied Residence card, my daughter didnt had passport. Now she has an EEA citizenchip same as mt wufe, would this help my application in anyway? and CSI is required for only my wife or myself as well? ofcourse for my daughter who is 3 years old we cant..or do we?

Please guide me on this.

Thanks

The application would be all down to your wife exercising treaty rights. If she is a student, then she will need CSI.

1. She would not need to prove where she lives.
2. Make sure your Nikhkah Nama is registered as per UKBA requirements
3. Keep ticket stubs, they will help, not hinder
4. For student, no.
5. I'm sure your daughter is a beautiful angel. Apply on your wife's account in the first instance.

Dubai is so lovely. It is so cold here..

Thank you very much for your reply, really appreciate it.

For an EEA family permit, I am aware now that I need to use VAF5 form. But I see there are dozens of questions which certainly are required to be answered. In section 8, it does ask for sponsor's permanent address. And this is where I am stuck as I mentioned earlier that what do we do about accomodation. In addition, they also require proof of that accomodation according to the supporting document file. Any suggestions about it? Shall I just write down the address which my wife is registered on for all her things like bank statement, phone bills, child tax etc. And dont give any letter as a proof of accomodation?

About Nikkah nama what are the requirements and where Can I find them. Funny thing is that I registered marriage in Pakistan to satisfy my parents back home, and did another simple nikah in the UK for my UK contacts and mosque gave me marriage certificate which clearly states at the bottom of that certificate that 'this marriage certificate has no legal existance as relgious marriages are not recognised in the UK'. So ofcourse I can't use that marriage certificate but I can use the on I have from Pakistan.lol...The reason I never registered marriage in the UK was because my mother in law used to think negative about me as if I am with my wife for passport which surely never been my intentions even for a second and we fell in love geniunely:)..or shall we register marriage again in Dubai when she visits in December

And what about tickets? do u think I should buy and send it with my application? or you meant my wife & daughter tickets for Dubai visit?

Lastly, as I mentioned earlier that I had to stay over in the UK which I did from 1st November 2010 till 20th January 2011. HO had lost mine and my wife's passport and I applied for new one but later they found all the documents and posted back to us. So is this something to worry about? I was not asked to leave by HO.

Yes Dubai is nice place but during summer its too hot, according to my wife its lovely place for visit but not to live....I follow what she says:) except decision of leaving UK.

I am looking forward to your reply. Please guide me as precisely as possible

Thanks

Regarding marriage certs, please see these pages

http://www.ukba.homeoffice.gov.uk/sitec ... ikah-namas

http://www.ukba.homeoffice.gov.uk/count ... %20English

Complete the VAF5 as best you can. It asks far too many questions in reality. The basic requirements are (1) that you are married (2) that your spouse is exercising treaty rights and (3) that you will be accompanying or joining them. The fact that you have a child together will help your application (copy of birth cert perhaps).

I wouldn't buy any tickets until the visas are sorted out.

Thank you very much for your reply and providing links.

Yes our marriage certificate is registered as well as attested by Ministry of Foriegn Affairs Pakistan, UAE Embassy in Pakistan and Ministry of Foreign Affairs UAE in Dubai.

I am really thankful to you and sorry for asking many questions but I am still not clear about accomodation issue. They do ask for accomodation details and as I said my wife is not renting at the moment and where she living currently she cant use that address. So the address where she recieve all the posts which is my friend's address, would that be ok if I put that address as hers, but then what shall I do about proof. If I ask my friend to provide a letter that my wife renting a room in that flat and paying rent and I will join her so would that be ok. I know its not appropriate to say that but I wana know what else can be done. And I overstayed as I mentioned, is there any specific law which prevents me to get EEA family permit bec I over stayed?...Looking forward to your reply.

Cheers:)

The VAF5 asks about accommodation because in the past, the UK used to apply some of the immigration rules to applicants from outside the EU. They are not allowed to apply these rules to such people any more. They have not updated the form.

If you feel you need to elaborate and explain your wife's circumstances, then you could do so in a covering letter.

Your previous overstay may trigger some questions, but won't prevent a successful application in itself. As long as you are genuinely married and your wife is exercising treaty rights, you should be fine.

Thank you for ur kind patronage:)