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EEA Family Permit .

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Posted by canadacold (8) 17 Mar 2011#1
Can some one refer me to some case law, or Immigration law about my question.
I'm Pakistan National living in Canada. I dont have any legal Immigration status in canada, no visa of any kind,
I'm married to EEA citizen and we are thinking of applying for EEA family permit for UK. According to Worldbridge in Canada and Uk consulate in Canada, I cannot apply for Family Permit from Canada as i dont have any legal status in Canada and should go to Pakistan and apply from there.
but when i Call UK Border Agency in UK, I'm told EEA Family permit does not require legal residence in the country they are applying in .

Can someone who has some knowledge on this issue , try to help me on this issue. I'm looking for some Case law, Immigration law, EEA Free movement policy or something in writing that i can send along with my application to UK consulate in Canada
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Posted by filpol (8) 01 Apr 2011#2
Hi, I'm new on this site and I believe this forum will be helpful for my EEA application.
I'm from Philippines, married to Polish citizen (EEA Member) .My husband has been in the UK working for 1.5 years and he's a holder of residence permit. and We believe that I am qualify to apply for an EEA Family Permit. however I'm still afraid for refusal cause we get married just last March 2011 and we plan to apply by May this year. but I can assure that our marriage is not for convenient.
Would anyone here help me for the requirements we need, that can guarantee a high percentage to get my EEA Family Permit.

Hope to here from you soon! Thank you
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Posted by imz1 (6) 08 Apr 2011#3
to filpol:

@ FILPOL....first of all you don't need to be afraid...you stated your Husband has been working since 1.5 yrs its mean he must have Residence documents for European citizens.According to EU Law you just need to show a valid passport,your husband registration certificate as an EU national or any other proof of his residence in that country,proof of your family relationship, such as a marriage or birth certificate,
According to EU law No other documents may be requested and if they do so you can complain and remember this visa is free of charge.

All the very best,
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Posted by filpol (8) 08 Apr 2011#4
to imz1:

@imz1

Thank you so much. I fell a bit ease with this issue we need to deal with. We can provide all the documents you stated above. but I was thinking that maybe since we met only once but we chatted and call each other 6 months prior to his coming to the Philippines and we felt inlove in a short time of spending together and decided to get married, the Consulate office might see this situation as a problem or grounds to disapprove our application. Do you think imz1 this will not be a problem? well I do hope so!

Thank you so much! I hope to hear from you soon :)
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Posted by imz1 (6) 08 Apr 2011#5
to filpol:

@ filpol... Don't puzzle yourself.It doesn't matter how many times you met with your husband and where you met etc... infect he came to your country and married with you this make your case much much stronger,The only things matter is you are a family member of EU citizen and according to EU law your family member rights are equal to as a EU citizen...hope you understand so You just need to show genuine marriage certificate.In this sort of visa usually rejection chances is very less and this type of visa issue very fast and free of charge and EEA family permit issued under EU law.This sort of visa only rejected in very exceptional cases, any EU country can refuse entry to your family members for public policy, public security or public health reasons,however if they refused to you you can appeal to UK AIT or complaint to EU commission.Filpol if you give me your any of ID i will give you some useful links and contact who make something very easier to you.
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Posted by imz1 (6) 08 Apr 2011#6
to canadacold:

@ canadacold unfortunately there is no other way..If you are illegal it's mean you only can apply from your country of origin and as you stated (Pakistan) But remember In this sort of visa usually rejection chances is very less and this type of visa issue very fast and free of charge and EEA family permit issued under EU law.
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Posted by filpol (8) 08 Apr 2011#7
to filpol:

@imz1

Thank you so much ! please reach me on my email add mai_ean09@yahoo.com and further contacts through skype,y.m. later..

I want to know you, you've been a big help to me :)

Thank you..
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Posted by imz1 (6) 08 Apr 2011#8
to filpol:

@filpol..You always welcome actually i had a vast experienced about EU visas...i add you on yahoo...
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Posted by snowie (1) 11 Apr 2011#9
to canadacold:

Email UK Border Agency and get their response in writing. Also check out the Metock Case. You don't have to be legally resident.
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Posted by fakfak (3) 17 Apr 2011#10
to imz1:

hi imz1, i have the same situation, i was an overstayer in the uk for two years but i was arrested cos my ex lied against me that i wanted to rape her but when police examine the case they said its a lie and am free to go but i have some immigration problem which i know. i was detained in the immigration detension centre for three months but i told them i want to go home. i was removed from uk in june but i was lucky that my wife now came to meet me in my country and she is an eea national.we got married on august and i moved with her to her country that same year. we had our son in january this year but i want to apply for an eea family permit, i want to know what chances i have and will my immigration history has anytning to do with this application and i want to apply that me and my wife r going there visiting.i wasnt convicted and i have no criminal record wjile in uk . cheers
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Posted by imz1 (6) 19 Apr 2011#11
to fakfak:

Hi fakfak.....Actually being illegal is also a crime in UK however according to EU rules you still can apply EEA permit.Can you tell me in which country you are living rite now ?
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Posted by fakfak (3) 19 Apr 2011#12
to imz1:

i ma in iceland land..so what r the likely effect to it.. cheers
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Posted by imz1 (6) 19 Apr 2011#13
to fakfak:

According to EU law there is very less chances for rejection of EEA family permit on the basis of previous immigration history however they still can raise some questions and may be they turn down your application.If they turn down your application you can appeal at AIT and also complain to EU complaint center so called (Solvit)
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Posted by majus (5) 04 Jun 2011#14
to filpol:

@filpol : and gather all evidences as much as u can... like for example , your conversations in chats, letters, pictures that u too are together it will help more , that is just incase the embassy will ask it from you...=D
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Posted by filpol (8) 06 Jun 2011#15
to majus:

@majus

Thank you so much! I'm planning to include all evidences you had mentioned. However, I have difficulty in filling up forms in online application. I think I need guidance to fill it in better. I already set an appointment date at Philippines Visa Application Centre and it will be on 20th of this month. I'm getting nervous each day but I'm hoping my application be granted fast. Me and my husband can't wait any longer.


Could you please help me and keep contact with me.? . I will appreciate it very much.

hope to hear from you soon Majus!
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Posted by filpol (8) 07 Jun 2011#16
to filpol:


Guys Thank you so much for helping me .

I have a question please help me..

I make my application online in Visa4UK Home . Should I still need to download and fill up VAF 5 application form and print to submit it upon visiting Visa Application Centre ? I'm confuse is applying online different to VAF5 form? Stupid question though.. but please help me!

Thank alot
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Posted by majus (5) 07 Jun 2011#17
to filpol : your very welcome, i just read them all in the requirements from the ukba, just gather everything if you still have your very first conversation like for example in the internet , then you can keep it, pictures with you and with friends and family together with him, you know stuffs that you can use for an evidence, but i think it wont be hard to you, one thing u do now is just focus for the application, fill up the form, there is nothing wrong if your going to fill it up and bring with you as well on your application day... goodluck filpol...=D
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Posted by majus (5) 07 Jun 2011#18
to filpol : everything you need is in this website, just incase you didnt read this one yet, this is the official website ok ukba....http://www.ukba.homeoffice.gov.uk/eucitizens/ri... just read all the european citizen section,,, and on the right side usually they will give you checklist of the things you need
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Posted by filipinoNURSE (2) 09 Jun 2011#19
hi i am a filipino citizen who has an Austrian (EU) citizen, she is pregnant with our first baby because of that, i have been looking for ways on how to LEGALLY join her before she even gives birth. We are still unmarried but planning to get married once i get there in Austria. Can anybody in here please help me and tell me how should i get a visa; what type of visa should i apply for;
Here are other facts about me:
- i am 22 years of age.
- a REGISTERED NURSE in the philippines
- currently employed.

Thank you! Any info will be so much appreciated.
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Posted by filpol (8) 09 Jun 2011#20
to filipinoNURSE:

Hi I'm not knowledgeable enough to give legal advice but I think you can consider fiance visa, since your plan is to get married and be together..
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Posted by filipinoNURSE (2) 10 Jun 2011#21
to filpol:

to filpol:

Thanks for the reply! I thought about that recently, but i was skeptic whether Austria is releasing fiance visa since i can't seem to find any info about it on the web.

Is the type of visa available the same in all country member of EEA/european union? It would be great if they all offer the same type of visa.

Thank you again! Hope to hear more! Godbless!
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Posted by filpol (8) 17 Jun 2011#22
to imz1:

please help me once again!

I'm about to submit my EEA Family Permit application next week, but I got problems in filling up online application.

is it fine if the latest bank statement of my husband ends with savings of 1,787pounds only? cause he can't provide the latest bank statement from previous month of May 15- June 15, but we can show his payslip for the very latest month with over 1,000 pounds of his salary that is not updated to his Bank Statement. .

Next, I don't know what to write on the question "How long you intend to Live to UK" as far as I know EEA Family permit is issued for 6 months only, but you can apply for another Five years of this EEA Family Permit during those 6 months.
I answered "Long-term" and plan to leave UK at 2016. but I wanted to live with my husband permanently in UK, so I wrote at Part 8 of the application for Additional Information this : " I intend to live permanently with my EU husband in the United Kingdom in accordance with European Law and in compliance with UK Immigration Law." wouldn't it be confusing to Consul ? Am I doing the right thing?

Please I need help urgently!

Thank you guys.. hope to hear from you soon..
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Posted by filpol (8) 23 Jun 2011#23
to filpol:

To all of you guys, Thank you so much for all the help! I already applied for EEA Family permit last 20 June and amazingly I got the decision in just 4 days! A while ago I received an email from UKBA-Manila Visa Hub with this statement. : Your visa will be despatched shortly. Passports can normally be collected from the Visa Application Centre after 3 days. Applicants in Australia and New Zealand should allow 3 days before tracking their documents via the local post. ! Right now, I still can't believe that it happen so fast.. and even if I'm not sure what does it mean (visa granted or refuse) ,.. all I know is that I'm going to see my husband very soon.. :)

To God Be The Glory!!!

Thanks to you all!

Filpol
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Posted by sylwiawaw (8) 28 Jul 2011#24
to filpol:

Dear Madam,

I am an immigration lawyer working for ILAS (LLP) in London. Majority of my clients are spouses and partners of Polish nationals as I am Polish myself. I also specialise in deportation cases.

The services we offer range from consultation through the application process and appeals.
Should you need any assistance with regards to obtaining Residence Card or Permanent Residence Card, please do not hesitate to contact us on (0044) 020 8539 6611, alternatively on email: ilas@btconnect.com, info@ilas.org.uk or visit our website: www.ilas.org.uk.

Kind Regards,

Sylwia Wawrzynczak
Consultant

On behalf of ILAS (LLP)
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Posted by wishfulmemory (5) 29 Jul 2011#25
To: filpol

Hi Filpol, I was reading your case and we are in quite similar situation, could you please help me and let me know what are those things you did in applying for the EEA Family permit. What documents you submitted? Did you have your own bank account too or just your husband? By the way I'm Filipina married for over two years to Polish guy who is in Uk now for work. We have one daughter who is with me at the moment. My husband just came back to UK for work last month and I'm preparing documents for processing my EEa visa.

Would be very greatful if you can share what you did.

Regards,


Wishfulmemory
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