Family permit and order of removal

[LAROCCAMOM]

I was just wondering if anyone know if the UKBA can deny a family permit application (VAF5) based upon an order of removal from the US, when applying from the US.
Just curious.

Thank you.

[jrge]

Hi LAROCCAMOM, I think you were given some good answers in your previous post(s):

1.- http://www.immigrationboards.com/viewtopic.php?p=338004
2.- http://www.immigrationboards.com/viewtopic.php?p=467007
3.- http://www.immigrationboards.com/viewto ... highlight=

However, your situation has changed since.

If your husband has exhausted all the appeals (immigration judge + Board of Immigration Appeals + United States Court of Appeals & United States Supreme Court) and currently doesn't have any valid document from ICE, then I'm afraid his VFA5 won't get deny nor entertain. I don't mean to be rude by reminding you that he has an order of removal, and biometrics are done by USCIS.

ALTHOUGH, you could call the British Embassy in New York and expose your situation. The worst that could happen is that they tell you it can't be done.

Is it feasible for y'all going to a 3rd. Country to apply for his VFA5? Is that even an option?

I am sorry about your current situation, but I hope every gets resolved..!

[LAROCCAMOM]

Thank you Jrge.
I got this information from the UKBA website.

EUN2.2 Where can an EEA family permit be issued?

EEA family permits may be obtained from any visa issuing post. It is not necessary for an applicant to be lawfully or normally resident in the country to apply.

Now, should I omit this question on the application or should I answer it giving details on the quoted information above?
I just don't want the permit to get denied based on someone who doesn't know their own country rules.

Help?

[jrge]

What you have quoted, it is contradicted by this:

"* ECB5 Where to apply - the policy (08SEP2009)
Applications for visit visas and EEA Family Permits can be made at any post designated by the Secretary of State to accept applications for entry clearance. The applicant will need to be in the third country or territory in accordance with that country or territory's immigration laws

Once again, I agree that "This is an unfortunate confusion and it is unclear what the UKBA actually does" as another OP has expressed. I wish there was a documented case to learn from.

You still have other options:

* To travel with your husband to the UK and apply for his EEA2, as soon as, you start exercising treaty rights. He should -in theory and according this http://www.immigrationboards.com/viewto ... tart=1260- receive his residency card. In the worst case, this is a 10 to 14 weeks down time (Meaning lots of £££££)

* To go to, Argentina, Italy, Spain.....and apply for his VFA5. Still it means significant £££££

Either option will require a significant investment

The VFA5 application, *my personal opinion* it's WAYYYY tooo intrusive!

[LAROCCAMOM]

It's official...
I am confused...among other things

[jrge]

I hear ya. This is sad, confusing and frustrating! I feel bad for you guys...I have just called a private company in New York to ask about this particular, and they told me not to bother applying, because it will be deny.

If you want to, I can PM you their phone number. Do you want it?

[LAROCCAMOM]

What you have quoted, it is contradicted by this:

"* ECB5 Where to apply - the policy (08SEP2009)
Applications for visit visas and EEA Family Permits can be made at any post designated by the Secretary of State to accept applications for entry clearance. The applicant will need to be in the third country or territory in accordance with that country or territory's immigration laws

Once again, I agree that "This is an unfortunate confusion and it is unclear what the UKBA actually does" as another OP has expressed. I wish there was a documented case to learn from.

You still have other options:

* To travel with your husband to the UK and apply for his EEA2, as soon as, you start exercising treaty rights. He should -in theory and according this http://www.immigrationboards.com/viewto ... tart=1260- receive his residency card. In the worst case, this is a 10 to 14 weeks down time (Meaning lots of £££££)

* To go to, Argentina, Italy, Spain.....and apply for his VFA5. Still it means significant £££££

Either option will require a significant investment

The VFA5 application, *my personal opinion* it's WAYYYY tooo intrusive!

Jrge:

I was quoting the text from the

European Nationals and Schemes (EUN)

section, under

EEA Family Permits Last updated 23 March 2009

[jrge]

Well, even the gurus agree there is an issue/confusion:

I wonder if 12(1)(b) would also finally resolve the ECB5 vs. EUN2.2 issue (lawful residence in the other state required to be allowed an EEA FP application). Thanks for the link.

Taken from http://www.immigrationboards.com/viewtopic.php?t=78857

[LAROCCAMOM]

Agreed

[daddy]

Agreed

Do not accept that, go ahead and apply, just make sure that you PRINT out that part of UKBA website that says that you can apply from anywhere irrespective of your immigration status, do not listen to anyone that wants to discourage you.
They will not refuse you based on that ground, that issue has been sorted out already by metock rulling in 2008, but make sure you print it out, some embassy officials are not well informed. GO THERE PREPARED, you will win, the eu directives says that they can only deny based public security, public health and public policy.

DONT BE SCARED.

NB: if your eu family member is still in united states with you, while filling in the application form, just fill in that you would stay in uk less than 90 days, if you fill in more than 90 days period, they will always want to complicate you, this is my advice.
If your eu family member is already in UK, still fill the same, otherwise they would ask you to provide proof that your eu family member is excersising treaty right.

[86ti]

See also this comment.