Immigration Attorney in India

[mscolimao]

Can anyone recommend an Immigration attorney in India?

For me to be eligible for applying EEA family permit, will my husband have to be in UK for a particular amount of time and have a PR? He has a Portuguese nationality and just moved to UK. After how long can I apply for EEA family permit? If not this option then what are the other options for me? I am an Indian.

[CR001]

Members are not permitted to list or advertise companies/solicitors.

A lawyer is not really required for such an application, many people apply on their own.

[secret.simon]

will my husband have to be in UK for a particular amount of time and have a PR?

No, but he needs to be exercising treaty rights. Get him to search on these forums to find out exactly what this means.

After how long can I apply for EEA family permit?

Immediately, providing he is exercising treaty rights.

I presume from the context of the question that your spouse has a Goan connection. I presume (I do not know) that there are Goan lawyers aware of such issues who can advise you.

[noajthan]

For me to be eligible for applying EEA family permit, will my husband have to be in UK for a particular amount of time and have a PR?

This will help you get up to speed with concept of EU free movement & etc:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

[mscolimao]

Thank you for the info!

[mscolimao]

Query regarding the VAF5 form section 8.3.1 EEA National’s permanent home address including postal code:

Spouse has Portuguese passport but permanent address is India. Will it be a problem is I add the permanent address as India? Also do I have to show an Indian driving license or ID as proof for this? If India cannot be shown as permanent address then what to do?


Query regarding the 1st question: How long do you intend to stay in the UK?
Can I just write indefinitely? or should I write till 20XX?

[kamoe]

Spouse has Portuguese passport but permanent address is India.

If India is her permanent address you are not eligible for a Family Permit in the UK!

She needs to be exercising treaty rights in the UK, e.g. she needs to be living and working, or job seeking, in the UK, and have an address here, for you to be eligible for a Family Permit here.

If, on the other hand, she lives in the UK and you were both living in India until recently, then you are eligible. But then India is NOT her permanent address, and you need to write whatever new address she has in the UK.

[mscolimao]

I am an Indian and currently in India and my husband is in UK since the past 2 weeks. These are some of the queries I have regarding the EEA form:

1. My husband is Indian by birth but a naturalized Portuguese citizen. Will he have to show his Indian passport also? He had surrendered his Indian passport for Portuguese citizenship.

2. Will he have to self-attest all the documents of his that I will be submitting? Since he is not here I will only be able to submit the copies of his documents and not originals. Is that ok?

4. In the covering letter that he will write for the application, is it OK if he sends a scanned copy of the letter or does it have to be a true copy?
a. Is a cover letter even needed to be submitted?
b. Can my husband send a mail asking me to join him there and I take a print out of it?
c. Or can I write a cover letter stating that I would like to join him in UK?

5. The salary slips that I will submit for the application- do I have to get it sealed and signed by my employer? Or is it ok without it since my 6 months bank statement will reflect the amount.

6. TB screening- can I get it done from any hospital or is there a specific list of hospitals that I will need to go to, to get this done? Just a certificate from the hospital should be enough or is there a format that needs to be complied?

7. In the VAF5 form section 8.3.1 EEA National’s permanent home address including postal code:
a. Husband has Portuguese passport but permanent address is India. Will it be a problem if I add the permanent address as India?
b. Also do I have to show his Indian driving license or ID as proof for this? If India cannot be shown as permanent address then what to do? His Portuguese passport was issued from Goa and there is no address mentioned in it.
c. If not can he just show his current address as permanent address or give a relatives address? Is address proof needed?

8. 1st question: How long do you intend to stay in the UK? Can I just write indefinitely? Or should I write till 20XX? Since my current company is transferring my job to UK what do I write here?

9. Part 8. of the EEA VAF5 form, do I have to fill everything since my husband is nor sponsoring my travel? Can I just leave the employment details blank? He has applied for National Insurance so do I need to add his NI number and submit the NI copy as well?

[mscolimao]

My Portuguese pouse is in UK and I am in India. I am applying for EEA Family permit.
I have been reading that I will have to get his passport copy endorsed by the Portuguese embassy in India and then only can I submit my application.

Where I live in Bangalore there is no Portuguese embassy. Am I to travel all the way to Delhi to get that?

Also can my spouse get it endorsed in UK and then send it to me?

Is this really compulsory?

[secret.simon]

Where did you read that? Can you provide the link or reference to the document/website?

To the best of my knowledge, for EEA Family Permits, your spouse only need to prove that
a) He is an EEA citizen - Passport should be sufficient.
b) That you will be joining him in the UK - A letter from him stating that should be sufficient.

EEA Family Permits are really easy to get and they can not be denied.

[mscolimao]

Hi SImon

Here is the link: https://www.migreat.com/en/how-to-eea-f ... cation-s76

If not endorsed by the embassy will he have to self attest the documents I submit of his?

I am applying for the permit a month after my spouse left for UK, I am not including any financial documents of his.

I will also be submitting wedding photos, wedding invitation card and his exit form from India as a proof of him being here and validating our marriage. Apparently many a times this permit gets rejected since the embassy thinks it is a sham marriage.

[vinny]

I don't think that it makes any sense for a copy of a passport to be certified in a country where the passport holder is not present.

I think that a copy of the passport may be certified in the UK, when the passport holder and the original passport is in the UK.

your family member’s valid passport or national identity card (or a certified copy if you can’t provide the original)

Note that he does not need to be a qualified person during his initial three months in the UK.

[noajthan]

Hi SImon

Here is the link: https://www.migreat.com/en/how-to-eea-f ... cation-s76

That is not an official website so cannot be relied upon.

Information on Gov UK website doesn't intimate that any such endorsement is required.