EEA family permit for my non EEA wife

[bebo]

Hello everyone..I'm new to this forum and hope to have my dilemma resolved by someone experienced.
Here is the situation..I'm an Italian and my girlfriend is non EEA citizen. We are both living in Italy at the moment and she is on shengen visa, but since we are planning to marry here she will get her residency in Italy.Soon after the marriage we are planning to go to UK and live there and we understood that she has to apply for the EEA permit. We have been together for little over then 2 years and we have supporting documents to prove that (pictures,flight tickets, hotel reservation, bank statement, e mails, SMS, passport stamps etc..). The concern is how difficult is to get the EEA permit approved since we are planning to apply for it soon after the marriage. Is that going to look suspicious (arranged marriage) in the eyes of the officers????

[Plum70]

The concern is how difficult is to get the EEA permit approved since we are planning to apply for it soon after the marriage. Is that going to look suspicious (arranged marriage) in the eyes of the officers????

Cannot be foretold. Having substantial proof of your r/ship and marriage, financial resources and plans to actively exercise your treaty rights in the UK will help the application. If you've dotted all "I's" and crossed all "T's" you should be fine.
Once in the UK, after the first 3 months of residence, you and your wife should apply to the UK Home Office (UKBA) for a registration certificate (Using form EEA1) and residence card (Using form EEA2) respectively.

[bebo]

thanks plum for your response.What do you exactly mean by:plans to actively exercise your treaty rights in uk?

[Richard66]

There is no need for that: residence for the first three months is unconditional. You only need to be a qualified person (worker, self employed, student, self-sufficient) after the initial three month period is over.

Anyway, they have no right either to ask you for an EEA FP and neither have they any right to deny it.

[bebo]

ciao richard.
thanks for your answe as well.I was reading the regulation of the european comunity of free movment,but is very confusing! In a way i can actually try to go to the uk border without the EEA family permit but it will be little risky, since the immigration officer can refuse my wife to enter, that is what happened to many couples, but at the same time with proper documentation they might let us in. Do you know anything about it??

[Richard66]

if you do make it to the border with proof of marriage and the proof that you have been together for two years they must let you in. Your challenge is to get a carrier (airline or other) to let you board.

If, however, you apply for the EEA FP and it is refused, your wife will be registered in the UK system and she most probably will be barred from entry.

Try contacting Solvit in Rome, they might help. I was for a time in touch with a lady called Giuseppina Valente. You might mention it is a story similar to one of a certain Richard who was married to a Russian who wanted to go to the UK to visit his father in September last year. She might remember, given the tons of faxes and e-mails I sent her.

[bebo]

thanks again richard for your answer.It looks like you went through this in the past. Anyway i will go and ask for this permit after i get married hoping that they won t make any troubles for my future wife. I so need to go to London and start working. I use to live and work in London for more than 3 years and i still have a bank account open and i have paid tax to the British government, so they better let my wife in, and i was actually thinking to bring this extra documentation It might will help!!!