Regarding EEA Family Permit for Belarusian wife

[Nistur]

I have finally managed to get married to my wife from Belarus after a lot of bureaucratic nonsense. I hold a German passport and am currently living in London, working as a video games programmer.

My wife and I are currently getting our documents together to apply for an EEA Family Permit in the British Embassy in Minsk. One thing that is slightly worrying to both of us is that I will be asked to provide 6 month's bank statements. As such this isn't a problem, I probably have them going back since I was about 10. The problem is that recently I have been in my overdraft, often near the end of it, due to a delicate mixture of sorting documents, getting married (sort of twice) several flights back and forth and of course living in one of the most expensive cities in the UK. Much as I can explain this away, we're worried it might affect our EEA application.

I have worked out budgets for when we live together and there will be no problem living on my salary quite comfortably.

How likely is it that my less than perfect financial status might affect our EEA application?

Thanks in advance

[fysicus]

All you need to prove is that you are exercising treaty rights in the UK. As you are a worker, you can do this, for example, by providing some recent payslips and documents related to your address, like utility bills.

There is no need to provide bank statements or other details about your financial situation on top of that.

Your situation looks extremely straightforward, and I see no reason to expect any difficulties in getting the paperwork for your wife sorted out.

[Nistur]

Thank you for your reply fysicus.

I have heard that this is the case, we was just a little worried about it when we saw the supporting documents they were expecting, which included bank statements. It did also list payslips, but says specifically:

These should cover up to the previous six months. If salary is paid directly into your bank account, you should provide the statements showing these payments

Although, this isn't in the "Information about your sponsor in the UK" section, the finances section is referenced in the list of documents I should supply, which was what confused and worried us.

Thanks again for the advice, it's made us significantly calmer about the situation[/quote]

[fysicus]

I suppose you refer to the guidance at http://www.ukvisas.gov.uk/resources/en/ ... seeafamily

Having gone through it, it seems to me that they request far more than is necessary (or even allowed under European law)!

These three pieces of evidence should not be necessary for an EEA Family Permit application, as I fail to see how they could influence the outcome of the application.
1. Evidence of your permission to be in the country where you are applying, if you are not a national of that country
2. Previous passports
3. Evidence of your current employment or studies

Information about your finances and employment
No such information should be required about the non-EEA applicant; only some limited information about the EEA sponsor is needed to verify if he/she is indeed exercising treaty rights in the UK

Evidence of your relationship to your sponsor and any contact between you
Just the marriage certificate (with a proper English translation of course) should be sufficient; no need for photographs, phone records, etc.

[Directive/2004/38/EC]

You are an Eu citizen working in the UK. I assume you are an employee and are not self employed. If so they will require some evidence that you are working, such as a recent payslip or a letter from your employer.

They do not need to know at all about your finances. How much money you have or not is 100% irrelevant. If you owed £20000, your wife could still come and join you in the UK. I would definitely not provide any bank statements.

Also 100% irrelevant is any information about your wife's past or future work, and also how much money she has. You do not need to provide this.

Are you working as an employee in the UK?