query regarding Family Permit

[dradilmahmood]

today i went to submit my family permit application but they were saying that your 1 year child should have his application submitted by you.


so i came back and have to make an appointment again day after tomorrow for his application submission.

now they are asking my son's residence permit in saudi arabia as he arrived with my wife 1month back and i have not applied for their residence permit yet. i am thinking to apply for it after stamping our family permit.


i want to ask is there any problem if i do not provide it(my son's residence permit) along with the application.... although i have provided my residence permit copy ( as i am doing a job here)

and also they are asking that i should provide a letter from my employer that i am wokring with them and will be going to uk for visit....so should i provide it as i am applying for family permit only for 2 months i think so its not required to family permit application

they were saying they can send my application as such without any further documents to be provided but my son's family permit application is must.


thank you very much

[Jambo]

now they are asking my son's residence permit in saudi arabia .....and also they are asking that i should provide a letter from my employer that i am wokring with them and will be going to uk for visit....

Who is they? The consulate or is it VFS Global? VFS are not very familiar with EEA applications (I guess they don't see many) and in many cases provide wrong advice. You need to understand that they are just contractors in charge of the administrative part of the application. They are not involved in the decision making.

With regards to their comment:

you can point them to the UKBA's own guide which states:

The ECJ judgement on Metock in July 2008 prohibited Member States from having a general requirement for third country national spouses of EEA nationals to be lawfully resident in another EEA member state before they can benefit from a right to reside under the EU Free Movement of Persons Directive. Therefore, we can no longer apply the lawful residence requirement (which was based on the case of Akrich) or our own domestic legislation (the Immigration Rules) to family members seeking first admission to the EEA from outside the EEA.

There is also no need to provide any letter from your employer. This might be needed if you would have applied for a visitor visa but it is not needed for EEA Family Permit. In fact, what you do is irrelevant. It's your wife activity that matter.

[dradilmahmood]

thank you very much jambo

and what about the residence permit (iqama) for non saudi nationals over here in saudi people are having

is it (residence permit) required for EEA family permit if you are applying from any other country of which you are national because they are asking for my son's residence permit (iqama)


[b] they[/b] means the people of vfs

[Jambo]

The quote I brought from UKBA's website addresses exactly that point meaning they can't ask for you to be a legal resident in the country you apply from so their request for a residence permit for your son when applying for a EEA Family Permit is wrong. It was OK if you were applying for a visitor visa but EEA rules are different and VFS are not familiar with them.

Click on the link in my post, print the relevant section and show it to VFS. Ask them to check with the British consulate if they still insist on it.

[dradilmahmood]

Thank you very much jambo i will do it