Pls help with VAF5 form to fill in. Some serious questions.

[bebe1243]

Deal All,

I will be appreciated you if you help me to fill in form VAF5 please.

A little story of mine: I have been removed from UK as an Overstayer while I have a durable relationship with my EU National. So I left UK voluntarily and at my own expense recently. Now we want to get married in Russia and join her in UK after marriage.
The thing is we have never lived together as I realized a question in the form VAF5:

8.2.9 Have you ever lived with the EEA National in a relationship like marriage or civil partnership at any time (including since a wedding or civil partnership ceremony)?

1st question: Can ECO may refuse me visa regarding to question 8.2.9???

2nd question: I will apply for EEA Family Permit after our marriage. Don’t you think it will suspicious for ECO and I’m afraid that I will be refused with letter saying: marriage of convenience???

3rd question: She works part-time at the moment. Must be employed full-time or what?

Thanks for your reply in advance!

[Directive/2004/38/EC]

Third question is easy: so long as she is working in a real job, part time or full time is fine.

If you have never lived together, then I suspect they will not considered it a "real and ongoing marriage". The question is whether you have actually started a life together in some substantial form.

It will certainly seem to be odd that you were forced to leave the UK, and then quickly married somebody who had the right to be in the UK.

Maybe you can describe more of the history of your relationship. How do you know her? What history do you have together?

[EUsmileWEallsmile]

Just to add some background to your first question...

The VAF5 is very similar in format to that of spouses of UK nationals. The same question is asked there and I believe it is meant to be a measure to prevent forced marriages. The UK immigration rules do not apply to EU applicants of course, but it doesn't stop them asking the question.

The other questions have been answered by others.

[bebe1243]

Thanks for your replies.

Our relationship started early in 2009, after 2 years we applied for COA and we got permission to get married from Home Office. After that they abolished COA scheme by the Parliament.
We also gave a notice to a Registrar Office. Afterwards on the wedding day Immigration came to us and said that we have no right to get married as I was an overstayer and gave to me a piece of paper explaining to leave the country (order was given several days before wedding day IS151A) and apply for a Visa from outside UK. Even we proved everything them, it didn’t help, then I said OK to leave the country voluntarily. If I would know that I’m gonna have a problem with marriage I would already have left country rather than waist my time in the UK as an overstayer. I thought everything will be fine, but unfortunately!!!
We planned to live together after marriage in the UK when our relationship started.

We have evidences for sure, except cohabitation.

1) What really does mean IS151A?

I will apply for EEA FP, they will have to make a decision under EU law, not Immigration Rules.

2) What would you advise to re-apply or appeal? Actually how many times can I re-apply for EEA FP?

3) Do I need sponsorship letter to show them how my trip to be funded?

Pls could you advise what shall we do in our case???

[bebe1243]

EUsmileWEallsmile but in VAF5 a lot of questions to be answered. But I'm worried mostly about question 8.2.9. How can I satisfy ECO with that?

[EUsmileWEallsmile]

Just answer the question truthfully and you'll be fine. If yes, then say yes, if no, then say no. It's not a trick question or something to trap you.