EEA FAMILY PERMIT OR "EEA DEPENDENT" INK STAMP? PLS HELP

[wi13b051]

Dear All,

I have been following immigrationboards forum for a while now and I am happy to see the support people on this forum give and how successful some people have been by using this forum. I want to thank you in advance for the contribution you will make towards my questions, possible suggestions, and advise I may get here. Here goes my situation.


I(Nigerian) live in Poland with my Wife(Polish with a Polish passport) and son(3 years old with a Polish passport). We have been married for almost 4 years. In June, it will make it 4 years. We recently decided to move to the UK to live and work.

I Have previously applied for UK visa four times.

1st Refusal: " You choose to visit the UK while school is in session" (I was a student studying in Cyprus), when university was on break, I applied again and I got a 6 months visiting visa. I went to London for few weeks, I found a school and having enjoyed the country, I left to Nigeria to apply for a student visa with my visiting visa still valid.

To my stupid mistake, I paid someone who is suppose to be an agent to help process my application, unknowing to me, he included a false tax clearance. Anyways, I was refused the visa based on "submitting a false tax clearance" , had my valid visitor's visa stamped with "CANCELLED WITHOUT PREJUDICE" and was giving the right to appeal. Tried to contact the agent and was saying all sort of stories that wouldn't help my situation.

I returned to Cyprus very upset, disappointed, and loosing part of the tuition fees i paid in the UK. I collected the school fees back but not in full. Few months later, I obtained a visa to go study in Poland, I applied for a UK visa again and was refused based on something entirely different and my previous application refused in Nigeria wasn't mentioned at all.

I left to Poland in Sept 2009. I got married to my now wife in June 2011.

My wife plays sport professionally based on yearly contract and I on the other hand, I stopped in the study in Poland when my now wife got pregnant with our son. After some years, I will be complete a degree via blended learning in Vienna, Austria. I am not currently working due to the fact that the current contract my wife has in a town where getting a job for a foreigner is really hard as it is not a big town.

I have read basically every post on this section and noticed people complained about the UK embassy in Warsaw and the way they handle EEA FP application and numerous refusal for reasons which are not conforming to EU law.

Since I came to Poland in 2009, I haven't applied for any visa that includes UK visa.

Now that we have decided to move to the UK, what are my chances of getting EEA FP? We thought of going by land to the border at Calias to request for "EEA DEPENDENT" INK STAMP.

I have spoken to many UK based solicitors and all they want me to do is pay 700 - 800 pounds to assist and going through my documents and one discouraging me from going through the border to request for "EEA DEPENDENT" INK STAMP, because he thinks I might be refused entry or employers in the UK will not recognize "EEA DEPENDENT" INK STAMP in terms for getting a job.

I have read time and time again that we shouldn't submit bank statements, and other unnecessary documents not required for EEA Family permit, but the ECO still refused people based on the fact they didn't applicant's do not provide their financial information.

The truth is I and family intend to move, but I want to go about it the best way possible.

Some Update: I have Permanent Residence Card in Poland, but this card is issued under Polish domestic law and doesn't have the inscription which says "EU family member". Poland isn't generous like other country i have read about on this forum.

My speculations/questions are:
1. Is it possible, I have a ban and I don't know it?
2. Will my previous applications affect my EEA Family Permit Application?
3. What are my chances of getting EEA Family Permit?
4. If I get "EEA DEPENDENT" INK STAMP at the border, will I be able to work with it in the UK?
5. Can I be refused entry at calias and refused to be given the "EEA DEPENDENT" INK STAMP when accompanying my wife to the UK?
6. What documents should I submit if I am to go for EEA FP based on my situation

[rosebead]

Neither previous visa refusals nor a ban, unless it was for reasons of public security or for serious or repetitive criminal offending, should legally affect your application for an EEA Family Permit. If the Entry Clearance Officer in Warsaw is doing his job properly, then you should not have any problem getting a visa. It is true that ECOs often refuse for illegal reasons, and it is up to you whether you want to comply with their unreasonable demands or appeal an illegal refusal and no doubt win. However, an appeal could take many months so some applicants just comply for reasons of practicality. It is better to get an EEA Family Permit than an EEA Dependant stamp because employers, the DWP for the application of a National Insurance number, and the NHS are more likely to recognise what a FP is. If you decide to try at the border, in theory immigration officers are supposed to let you and your wife in on production of passports and marriage certificate, and indeed some people have tried that route and have been let in, but I do get the feeling with some of these IOs that they aren't very well trained, and so for that reason I would not 100% rely on them to know their stuff and let you in.

In your situation, in theory for the FP application all you legally need are your passport and your EEA sponsor's passport, marriage certificate, and a declaration from your sponsor that she will be travelling to the UK with you. However, again this will depend on how well your ECO has been trained.

[wi13b051]

Hi rosebead,

Thanks for your input. I am grateful. my wife and I have given the EEA Family permit a thought and we have come up with a declaration letter. Find blow. Please let us know if it's okay or we maybe doing too much. Thanks

British High Commision,
Warsaw, Poland

DECLARATION BY EEA NATIONAL THAT MY NON-EEA SPOUSE WILL ACCOMPNY OUR SON AND I TO THE UK

Dear Sir/Madam,
My name is [my wife's name] and I am a citizen of Poland. I am married to [--my name--] with passport Number [--my passport number--], a non-EU national for almost four years (3 years 11 months), and we have a three year old son ([--my son's name--]) together. My husband has been living legally in Poland since 2009. He has permanent residence permit in Poland. My husband will be accompanying my son and I to the UK for a period of 6 days, and in order for my husband to travel with us, I understand he has to apply for an EEA Family Permit which should be granted on an accelerated basis.
The following supporting documents have been included with the application

• - My EU passport
  - My National Identity Card (Dowód Osobisty)
  - My husband’s non-EU passport
  - My husband’s previous passport
  - Our son’s EU-passport
  - Our marriage certificate
  - Our son’s birth certificate
  - My husband’s permanent residence card

Having thoroughly read through the requirement/supporting documents for an EEA Family Permit on UKBA( https://www.gov.uk/family-permit/docume ... st-provide) website, we have chosen not to include financial information such as bank balance, source of income, work, and detail information of our plans as they are not requirements for EEA Family permit considering my family and I have initial right of residence from 1 up to 89 days.
I understand that under the Immigration (EEA) Regulation 2006 section 13, my family members and I have initial right of residence. This is an application under EU law and I understand that it will be processed as soon as possible, and on priority basis.
As an EU citizen, I wish to exercise my right of free movement as stated in the Free Movement Directive 2004/38/EC of the European Parliament and of the council of 29 April 2004. Should you need any further information, please do not hesitate to contact me via email ([--my wife's email--]) or telephone ([my wife's phone number]).

Yours faithfully,
[--My wife's signature--]
[--My wife's name--]

Thanks your input

[rosebead]

It's a good declaration. I'd correct one thing, which is it's "Regulation 13" and not "section 13". I'd put a comma after "non-EU national" just before "for almost four years", otherwise it reads like he was only a non-EU national for four years . For initial right of residence, you can simply write "for up to 3 months". I hope the Entry Clearance Officer will now do his job properly and issue the visa, as you've provided more than enough for the application.

[wi13b051]

It's a good declaration. I'd correct one thing, which is it's "Regulation 13" and not "section 13". I'd put a comma after "non-EU national" just before "for almost four years", otherwise it reads like he was only a non-EU national for four years . For initial right of residence, you can simply write "for up to 3 months". I hope the Entry Clearance Officer will now do his job properly and issue the visa, as you've provided more than enough for the application.

Thanks rosebead

Do you think I should exclude my previous passport? As I said before, it contains other visas, travel history, and the UK visa that got "CANCELLED WITHOUT PREJUDICE" on it? Or it doesn't matter if I include it.

I await your opinion thanks.

[rosebead]

It's not necessary to include your previous expired passport. It's a UK suggestion rather than serving any purpose under EU law. The UK seems to ask for all sorts of things in the EEA Family Permit form that are excessive.

[wi13b051]

Please moderators, I would like this post deleted. I see no options available for deleting this post. In addition to the above post, I would love this one to be deleted at all. Please any suggestion on getting that done will be highly appreciated. People whom I never expected are stumbling on my post somehow.

in addition,

http://www.immigrationboards.com/eea-ro ... l#p1175673



Thanks