EUROPEAN FAMILY PERMIT HELP

[buff_steve]

HI

I PLAN TO MARRY MY WIFE THIS YEAR IN COLOMBIA, I AM A BRITISH CITIZEN AND AM LIVING IN LONDON,

IM CURRENTLY LOOKING FOR WORK TO FIANACE THE COSTS OF OUR MARRIAGE, I NEED TO KNOW A FEW QUESTIONS,
PLEASE HELP!

1) CAN I APPLY FOR THE EEA VISA?
2) HOW MUCH IS enough money to support here?
3) WHAT ELSE SHOULD WE PROVIDA AT THE EMBASSY TO SUPPORT OUR APPLICATION?
4) WILL A BANK LOAN AFFECT A VISA?

5) MY FIA?CE ALSO HAS TWO CHILDREN HOW WILL WE GO ABOUT THIS IF ONE OF THE FATHERS DOES NO APPROVE HIM FOR A VISA APPLICATION?

MANY THANKS
STEVE

[John]

Steve, firstly can I say, don't post in block capitals. On the internet that is equivalent to shouting ... and on this Board such postings are liable to be deleted without warning.

OK, your questions. Using your numbering :-

1. That depends! Are you exercising your EEA/EU treaty rights? Your disclosed locations are three in number. As a Moderator I can see your IP address and work out from where in the world you posted. One of your locations is Spain. So question .... what are you doing in Spain and are you exercising your treaty rights, for example to live there? Or is it simply a holiday home you have there?
2. Totally impossible to say, given that housing costs vary so considerably.
3. You need to show that the finances indicate that the person applying will not need to claim certain Public Funds; also that the accommodation to be occupied is suitable and certainly not overcrowded; and that there is "evidence of contact" to show that the marriage is real, and not a marriage of convenience.
4. Repayments on the bank loan might, given that it will reduce the amount available to fund normal living expenditure.
5. Your wife (as she will be) will need to have Sole Custody of each of the children. It is not a question of just having consent from the father.

[buff_steve]

Hey thanks for the advice,

yes i am in spain (valencia) in fact. on holiday, back in london on monday,

I have a 5month contract with PGL, and was wondering if that is ok or should i extend it?

my mother lives in a 4bedroom house in ISLINGTON, how do i go about or who should i contact to enquiry about the space for my fiance?

Are their any extras i should know about before setting on my trip at the end of this year,

what are the minimum requierments at the embassy?

is it true they ask you about 100 questions at the embassy interview?
if i dont live with my wife, how do i answer them?

thanks for the advice

steve

[John]

is it true they ask you about 100 questions at the embassy interview?
if i dont live with my wife, how do i answer them?

Any questions would not be posed to you. Instead they would be asked of your wife (as she will be). Number of questions? No fixed number, some people get asked none.

my mother lives in a 4bedroom house in ISLINGTON

Sorry, what about where you live? Won't your wife be living with you?

I have a 5month contract with PGL, and was wondering if that is ok or should i extend it?

PGL, the holiday organisation? When the application is made, will you be employed or possibly unemployed? I ask because of the importance of passing the financial test ... showing that your wife will not need to claim certain Public Funds.

Lots more information on the website of the British Embassy, Bogota.

Previously you asked :-

CAN I APPLY FOR THE EEA VISA?

No, I can't see how you can. Your wife will need to apply for a normal spouse visa, and child settlement visas applied for in respect of the children.

[buff_steve]

still quite confussed,

you say "i cant apply for the EEA permit" why?

on the website of the British Embassy, Bogota it says that:

You asked if a national of Colombia needs a visa to come to the UK as a non EEA/Swiss family member of an EEA/Swiss national.

If you are an eligible family member you need an EEA Family Permit. Eligible family members are defined in the EEA Regulations as:

the spouse of an EEA national, excluding a person who is party to a marriage of convenience

i will of finished my contract, before we make the applications, thats why i want to know as much as possible,

do you know of any places i could go in person, such as lawyers or immagration help in london?

many thanks steve

[John]

Why can't you apply for an EEA Family Permit for your wife? Because, in your words :-

I AM A BRITISH CITIZEN AND AM LIVING IN LONDON

That is, you staying in the UK is not use of EEA/EU legislation. You are here because you are British.

Can British people ever make use of that EEA/EU legislation? Yes, under what is known as the Surinder Singh principle. But that only applies where you have been exercising your treaty rights to live and work in another EEA country for at least six months, and now you are moving back to the UK, but from what you have posted, that does not apply here. Your place in Spain is merely a holiday home? Right? You don't, and never have, lived in Spain as such?

Your wife will need to apply for a Spouse Visa, under UK immigration law.

There is much more about Surinder Singh, and much more, in this document which is part of the instructions given to staff dealing with visa/permit applications.

[buff_steve]

i lived in Burgos (Spain) for about 8months roughly last year, i was given a one year resident card, does this not help?

steve

[John]

That document I provided a link to earlier includes :-

The ECJ case of Surinder Singh states that nationals of a Member State who go with their non-EEA family members to another Member State to exercise a Treaty right in an economic capacity , (as a worker, self employed person or a provider of services) will on return to their home state, be entitled to bring their non-EEA family members to join them under EC law. (for example a British national and his non-EEA national spouse/children who have lived in Germany and exercised an economic treaty right and are now returning to the UK).

Which raises two points! Firstly were you exercising your treaty rights in an economic capacity? And secondly were your family members there with you in Spain?

Totally depends upon the facts but I suspect you cannot use Surinder Singh to help you. Accordingly your only option is to use UK immigration law to get your family in the UK. Are the visa application fees such a problem?

[buff_steve]

i worked in spain and payed social security, but im not sure what you mean by excerising my rights, in what way?

i dont mind paying the fee, i just want to be sure that when i leave the UK, i will return with my wife,

Do you know where i can check the paper work needed for the embassy?

my auntie married a spanish man and moved to spain 2months ago, with my 3 cousins, she wasnt given any hassle and was given a REAGRUPACIÓN FAMILIAR EN RÉGIMEN COMUNITARIO,

which is equal to the EEA permit and her husband had never left spain before, she is now waiting for her permenant resident card!

THANKS STEVE