EEA FM after Visitor visa

[tati*]

Hi everyone!
Any decent help or advice would be very much appreciated.

A few words about my situation..

I m a non EU citizen. My partner is Italian with Italian passport has been living and working here for about 20years.
Relationship has started in January 2010. I was granted a visitor visa to UK in 2010.
After I applied for fiance visa in 2011 but we didnt get married that time and i returned to my country.
Then I got other 3 visitor visas again.
A lot of evidence of meeting and spending time together either in UK, or in my country, or going on holidays together.

My last 2-years visitor visa expires 19/08/2015. I visited him in UK 3 times using this visa.
My last 4th time this year was very significant as we dicided to get married in UK after Home Office approved our notice of marriage due to a genuine relationship, even though I am a holder of a visitor visa.
We got married 04/08/2015 and now I'd like to apply for a Residence card before my visa is expired.

My question is ..
Is our case risky and I should ask for the Immigration lawer help? Or can we submit documents according to the requirements without a fear and doubts that my application can be refused?
To prove our serious intentions to live together I also could submit the electricity bills, GP registration letter, bank statements of our common account, council tax bill with my name as well as lots of photos for the period 2010-2015.

I do appreciate your time and advice. Thank you in advance.

[tati*]

Anyone has heard about similar cases?
Thank you!

[GMB]

On the contrary, I would say your case it very straightforward. You are the spouse of an EEA citizen exercising treaty rights in the UK, and can prove such. That's all you need to show. Just apply as normal using the EEA FM form and supply only what is requested. It would be frustrating for you if they found a way to deny your application based on something they didn't like in documents you were never asked to supply, wouldn't it? The only deviation from this I would recommend (and I did myself in three applications) is if the form says you can supply either this OR that, I usually supplied both. But I didn't supply some third thing, nor did I provide anything that wasn't requested at all, like photos or Skype phone logs or something.

Should you be "invited" to an immigration interview then that would be the time to bring photos and all the other documents showing a long-term relationship.

By the way, the expiry of your current visa is no longer relevant. As soon as you got married to a qualified EEA national resident in the UK, you acquired the automatic legal right to reside in the UK.

[tati*]

Thank you so much GMB!!
What a relief!

Can I ask you ..would you send a cover letter explaining why I we decided to get married while I've got a visitor visa along with the other documents?

Thank you for your opinion!

On the contrary, I would say your case it very straightforward. You are the spouse of an EEA citizen exercising treaty rights in the UK, and can prove such. That's all you need to show. Just apply as normal using the EEA FM form and supply only what is requested. It would be frustrating for you if they found a way to deny your application based on something they didn't like in documents you were never asked to supply, wouldn't it? The only deviation from this I would recommend (and I did myself in three applications) is if the form says you can supply either this OR that, I usually supplied both. But I didn't supply some third thing, nor did I provide anything that wasn't requested at all, like photos or Skype phone logs or something.

Should you be "invited" to an immigration interview then that would be the time to bring photos and all the other documents showing a long-term relationship.

By the way, the expiry of your current visa is no longer relevant. As soon as you got married to a qualified EEA national resident in the UK, you acquired the automatic legal right to reside in the UK.

[GMB]

When it comes to cover letters, I personnally only think they're useful if you have an odd situation that requires explanation or if you want to highlight something you think might be missed in the application. I've only sent one once, and even then I doubt it was necessary. Your situation is not odd at all. You met someone, you got to know them, you fell in love, you got married. If that's odd then we're all in the same boat as you. You have no reason to explain why you got married when you did, so therefore I personnally would not. Beyond their responsibility to ensure there's no evidence of a sham marriage, the "why" of your marriage is none of their concern. Again, I tend to go with the view of; keep it simple, provide only what they ask for, don't lie or falsify, but at the same time don't volunteer things they might be able to twist in order to use against you.

If they suspect a sham marriage for some reason then they can request an immigration interview, at which time you can roll out what I suspect is a considerable amount of documentation that would blow their case to pieces.

By the way I assume you're relocating to the UK if you're applying for a residence card, correct?

[tati*]

Thank you GMB. I appreciate your help.

I thought my situation is odd as I used my visitor visa for different purpose and got married when I wasn't supposed to do so or was supposed to leave the UK and apply for Family permit in my country to join my husband in the UK.
Instead I am going to apply for the EEA FM from the UK having a visitor visa.
But your replies gave me more confidence I am on the right way.

When it comes to cover letters, I personnally only think they're useful if you have an odd situation that requires explanation or if you want to highlight something you think might be missed in the application. I've only sent one once, and even then I doubt it was necessary. Your situation is not odd at all.

By the way I assume you're relocating to the UK if you're applying for a residence card, correct?

[GMB]

I think it may be more clear if you look at UK national immigration rules as completely separate from UK EEA immigration rules. The two sets of rules co-exist in the UK but rarely interact with each other. So things that happened under the UK rules (your visitor visa) can have no impact on how you're treated under the EEA rules. In fact, someone who had overstayed their visitor visa by years, worked illegally and got deported and barred from the country would still have to be allowed back into the UK if they qualified under the EEA rules, because not only are they are completely separate from each other, but the EEA rules override the UK rules in most cases. It's a good position to be in, and it really is just that easy.

And I applied for my EEA RC from within the UK on an FLR(O) visa, so switching between the two sets of rules is also not a problem. Remember, you already have an inalienable right to live here simply based on who you're married to.

Best of luck.

[tati*]

Many thanks, GMB!!

Remember, you already have an inalienable right to live here simply based on who you're married to.

Best of luck.

[tati*]

Should you be "invited" to an immigration interview then that would be the time to bring photos and all the other documents showing a long-term relationship..

Hi GMB,
can I ask one more question then about the evidence of living with my sponsor.They ask ..
In EEA_FM__guide-to-supporting-documents_v1 in Section 5: Spouse or civil partner of the sponsor
Evidence of living together with your sponsor

If you and your sponsor are living together, or have previously lived together, please provide evidence of this. We recommend that you send at least 6 items, from 3 different sources. These can be addressed to you jointly or individually, provided they clearly show that you live, or have lived, at the same address.
If you and your sponsor are, or have been, living with relatives or friends, and you do not have any bills or other documents addressed to you, please provide a letter from the relative(s) and/or friend(s) confirming you are/have been living with them.
If you have not been living together (but you’re still married or in a civil partnership), tell us the reasons for this and whether you stayed in contact with each other during this time (see questions 5.9 to 5.10 of the application form), and provide any relevant supporting evidence.
Suitable evidence includes (but is not limited to):
 Letters or other documents from government departments or agencies, for example HM Revenue and Customs, Department for Work and Pensions, DVLA, TV Licensing
 Letters or other documents from your GP, a hospital or other local health service about medical treatments, appointments, home visits or other medical matters
 Bank statements/letters
 Building society savings books/letters
 Council tax bills or statements
 Electricity and/or gas bills or statements
 Water rates bills or statements
 Mortgage statements/agreement
 Tenancy agreement(s)
 Telephone bills or statements
 Photographs of you and your sponsor together – for example, on holiday or at a family celebration
 Evidence of how you have kept in contact with each other during periods in which you have not lived together – for example, letters, printouts of emails or contact via social media, mobile phone bills showing you have contacted each other, printouts of Skype (or similar) logs, etc
 Any other relevant evidence.

We have the evidence like bank stats, GP letter, council tax of living together at the same address covering last 6months only.
Before marriage there were short staying or living together like on holidays, so we could provide only receipts from the hotels or flight tickets or photos together. But you mentioned that I shouldn't provide more documents than they ask me to.
But the thing is that they actually ask in this guidance.

Do you still think I should not provide even photos? The guidance says different from what you said. What do you think?

[GMB]

Hi tati*
My, that form gets longer and longer every time they publish a new one. Sad that 95% of what they ask for is irrelevant according to EU law, which they freely admit by saying you don't even have to use their form at all. Ultimately the application has to be based on UK law, and the law is clear. According to Immigration (EEA) Regulations 2006:
Issue of residence card
17.—(1) The Secretary of State must issue a residence card to a person who is not an EEA national and is the family member of a qualified person or of an EEA national with a permanent right of residence under regulation 15 on application and production of—
(a) a valid passport; and
(b) proof that the applicant is such a family member.

That's all the law requires -- your passport and in your case a marriage certificate. The rest is, frankly, beyond the scope of the law and in my personal opinion an attempt to use bureaucracy to curtail people exercising their free movement rights.

That being said, I understand you just want an RC and not a bureaucratic fight to get it. As you said, you do have 6 months worth of evidence of living together from the 3 sources you've listed (bank, GP, local council). And according to their guidance notes for EEA(FM):

If you and your sponsor are living together, or have previously lived together, please provide evidence of this. We recommend that you send at least 6 items, from 3 different sources.

As I mentioned before, I only provide what they're asking for (or the minimum number of items that they've asked for in this case) and nothing more. If you already have evidence from those three sources you listed, then you've fulfilled their requirement, period. Why submit more? And you can provide six months worth of evidence, which is a lot more than many people who've only just gotten married. The reason I would tend to keep away from holiday/personal photos (besides the fact they're listed merely as an example of something to submit, and not a specific requirement) is that I've noticed recently more people mentioning here and on other forums that their application for an RC or FP was rejected because the UKVI examiner thought their photos looked staged or otherwise faked/contrived. I'm simply not going to leave it to some UKVI flunky who's already trying to find a reason to reject the application to decide whether or not my smile was genuine enough to satisfy him/her. They have a lot less leeway for subjective interpretation when it comes to hard documents like bank statements and council tax bills. If I were to be invited to an immigration interview that's when I'd bring the laptop and projector and make them sit through a two thousand slides showing all of our holidays for the last 5 years.

Keep in mind since you're submitting your passport already, all those visitor visas in there also constitute a history, and this might be a case where it's worth writing a cover letter after all to point out who exactly you were visiting for all those years, and remind them that you were also granted a fiancé visa to marry this same person back in 2011. If that doesn't constitute evidence of a long-term relationship than I would be hard-pressed to imagine what would satisfy them.

Something else for your reading interest:
https://www.freemovement.org.uk/home-of ... mandatory/

[pheebs_t]

This discussion here might have something to do with my situation and I need some advice from you guys too (if you don't mind )


I am a non-EEA (Malaysian) married to an EEA and I have applied via the EEA(FM) form (the latest version released on the 20th of July). Anyway, I've sent my application form of last Saturday (15/08/2015) and I've just had 65 pounds deducted off my account (it was the fee charged for the application of the residence card) under the name 'EURO'. Hence I will safely assume that the Home Office has already received my forms and have started processing it. I've been calling the European line (number provided on the Government website for visa or immigration related stuff) and they told me that essentially the process will be broken down into three parts.

1. I will receive a letter within 10 working days from the date I sent off my EEA (FM) form which will direct me to a nearby Post Office to have my BRP (Biometrics) sorted out and sent to the Home Office.
2. After that, I will receive my Certificate of Application (COA) after 21 working days (once I've sorted out my BRP).
3. I will then be able to request for my passports and documents back.



The few questions that remain in the back of my mind would be:

a. Would I still be able to work during this period?

b. How is my right to work in the UK being determined and based on what factors? I'm aware NIN is among them, but what else? The person I called at the European line told me that my previous visa is also a decisive factor
(if I was granted a right to work on my previous visa).
However, don't I already have an automatic right to work in the UK since I'm married to an EEA national who is a qualified person in this country?

c. Does it matter if we've sent off documentation (bank statements, council letters, statement from another tenant living at the same address) proving that we've stayed at the same address but then moved after to another address?
(I called them up and they told me that it is OK and just to change my address online, they told my partner the same thing -so we did).

d. Also, what are the chances of applicants getting invited to an Immigration Interview? Would it be because of highly suspicious circumstances or would it be a normal procedure? What should we do during this Interview to prove that we are a legitimate couple in a legitimate relationship?


Sorry for all the questions but I figured that any answers will help other people with similar queries too in the future since the whole process is quite vague.

[tati*]

Same with me..
15.08.15 - Docs sent
18.08.15 - Docs received by HO
20.08.15 - Payment taken

So let me know how it will be going with your application.
Good luck to both of us!

I am a non-EEA (Malaysian) married to an EEA and I have applied via the EEA(FM) form (the latest version released on the 20th of July). Anyway, I've sent my application form of last Saturday (15/08/2015) and I've just had 65 pounds deducted off my account (it was the fee charged for the application of the residence card) under the name 'EURO'. Hence I will safely assume that the Home Office has already received my forms and have started processing it. I've been calling the European line (number provided on the Government website for visa or immigration related stuff) and they told me that essentially the process will be broken down into three parts.

[pheebs_t]

thats great to know someone is going through the same thing as I am (don't feel so alone now hahah). Yes! all the best to you too Hopefully, all will be well.

As of right now I'm just waiting for my BRP to arrive. Hopefully I will receive it early as my employers are asking for proof of application. Its quite a problem as I don't have any proof besides the receipt I got when I sent off my application.



God bless.
x

[AnaCastle]

Hello!
I just read the last few posts (Malaysian national married to European) and I believe my case is very similar.
Basically, I got married to a Portuguese who lives and works in UK, I came to the UK in July 2015 under a EEA Family Permit and applied for the BRP a few weeks after. Got the biometrics taken last 7th August and since them I've been waiting for the decision letter.

I have no idea whatsoever when can I get this letter (I assume is the same COA), apparently I can't work until I get this letter..after I submitted the biometrics I got a job offer but when the employer checked my right to work (with the reference number stated in the biometrics letter) it came as negative.

Can you please share the phone number where you inquired about your situation? I sent an email to BRPDelivery@homeoffice.gsi.gov.uk but all they said was that they are unable to provide progress reports on applications submitted within the last six months.

Thanks

[tati*]

Hi there,
you can call them on 0300 123 2253 but the guys don't give any decent information but the general you can find on HO official website.
I emailed them every week stating that I hadn't received that letter after my 21days expired since I submitted my biometrics via: nweurocoarequests@homeoffice.gsi.gov.uk

Including all my details such as -
Case ID:
Name:
Date of birth:
Nationality:
Passport:
Home address:
Date of biometrics enrolment and place:
EEA national sponsor/husband:

Finally I got my CoA last week.
Good luck!

Hello!
I just read the last few posts (Malaysian national married to European) and I believe my case is very similar.

Got the biometrics taken last 7th August and since them I've been waiting for the decision letter.

I have no idea whatsoever when can I get this letter (I assume is the same COA), apparently I can't work until I get this letter..after I submitted the biometrics I got a job offer but when the employer checked my right to work (with the reference number stated in the biometrics letter) it came as negative.

Thanks

[AnaCastle]

Tati, I'm glad to hear you got the COA!!!!
Thanks for the info...I'm emailing them now