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EEA FP for spouse - Really need help

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Flurry
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Portugal

EEA FP for spouse - Really need help

Post by Flurry » Thu Dec 14, 2017 10:25 am

Hello Everyone

I really need some urgent help please. I went through a solicitors spent alot and got ripped off ,to help me with my EEA family permit to get my spouse who is from Srilanka to the Uk and the Solicitor didn't do a good job of it. He said that no photographs or chat history was needed to be attached with the application , only marriage certificate was enough. We got a refusal for not providing enough proof eg: Wedding Photographs and since my spouse lives with his parents and I said in the application that I send money through friends via cash in hand and sometime money transfer, they said that there was no enough proof to prove he is financially dependant on me. The solicitor said that they were speaking rubbish and we need to appeal as re-applying would take longer. Upon reading several comments on this forum of everyone's experience, it is said that appeal process takes a long time and it is best to do a re-application. ( Its been really depressing and hard not getting proper help from this solictor and on top of that getting our EEA permit application rejected :( :( ). I have decided to do this re-application on my own and I have been just stuck now on this point , where they said that I dont have enough proof of my spouse being financialy dependant on me. I have read on gov. uk that it is not mandatory to show proof of dependency , am so confused. :? Can someone please help with this, I would really appreciate it.

. EUN2.9 How do I establish dependency under the EEA Regulations?
Direct family members must be wholly or mainly financially dependent on the EEA principal to meet his or her essential needs in order to qualify for an EEA family permit, (children under 21, spouses, civil partners do not need to provide any evidence to show dependency on the EEA national).

dan1988uk
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Joined: Tue Jun 27, 2017 2:39 pm
Italy

Re: EEA FP for spouse - Really need help

Post by dan1988uk » Thu Dec 14, 2017 7:45 pm

For spouse you don’t need to show that she is dependent, but you have to attach pictures and messages to show that your relationship is genuine.

Flurry
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Joined: Thu Dec 14, 2017 10:00 am
Portugal

Re: EEA FP for spouse - Really need help

Post by Flurry » Sat Dec 16, 2017 1:17 pm

Thanks for the reply dan1988uk. The thing was the solicitor told me to put my husband as my dependant as he is currently unemployed. The pictures I can attach, but the refusal letter states that I haven't given sufficient information to prove that my husband is dependent on me. Its been a tough month trying to figure how to sort this application out. :(

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imbik
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Re: EEA FP for spouse - Really need help

Post by imbik » Mon Dec 18, 2017 12:58 pm

First of all please read carefully EU Directive2004/ 38/ec. Whatever your spouse does or doesn't do back in Srilanka (or anywhere else) definitely irrelevant to EEA_FP (including being dependent to you). We came to the UK all together (My EU citizen wife and non EU me and the children). At that time she was doing nothing and didn't answer to any monetary question in the application form (even we added my payslips for last 3 months).

Secondly you do not need a solicitor or a lawyer unless you need to appeal or divorced, etc. EEA_FP is a straightforward procedure and based on ''togetherness and continuing genuine relationship''. For instance;

If both of you living in another country but want to move to the UK (like we did), you must convince the consulate in living country that you and your spouse are in genuine relationship and intend to continue this relationship in the UK as well (Marriage certificate, tenancy agreement, bills, photos, I mean anything that shows you are together).
On the other hand if you (EU citizen) are in the UK and your spouse want to join you, you must convince the same consulate that you and your spouse are still in genuine relationship and intend to continue this relationship in the UK (Marriage certificate, photos, Facebook conversations or messages, what’s up staff, I mean anything that shows you are still in relationship, moreover do not forget to include your documents that show what are you doing in the UK like tenancy agreement, bills, payslips, NINO, etc.).

Ask your spouse to make a new EEA_FP application (wherever he/she is). Review our application details by following link, it may help you.
eea-route-applications/eea-family-permi ... l#p1446210

Do not forget! it is essentially about ''case officer'' so it does make sense to consider what would you think if you were in his/her place. Clarify everything for him/her without the necessity of trying to understand. To do that besides your proof documents write a ''declaration letter'' and explain the whole thing frankly (like we did). You can find info about it in our post mentioned above.
Again; fill the form, add your proofs and write a letter about your genuine relationship.
Good luck.
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