eea family permit

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Apr 12, 10, 22:09 #1

Hi maybe somebody can help me with regards to this eea family permit? I am south african married to a eea national ( polish ) we are living in poland at present and i have polish residency, my wife has never lived in the uk only visited ,however i lived in the uk on a 2 year working holiday visa now we want to go to the uk to live and work ,can we apply or does she need to have a job offer first in the uk?

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Apr 12, 10, 23:41 #2

You are certainly eligible to apply for an EEA Family permit, however you MUST satisfy that your spouse is a qualified person for you to travel with her to the United Kingdom.

By Qualified I mean, she needs to satisfy any one of the conditions set below:-

a jobseeker
a worker
a self-employed person
a self-sufficient person (someone who can support themselves financially) or
a student.

To be honest, for you it will be a straight forward case as long as you can show sufficient evidence that you are married as claimed and you have the evidence to support your claim.

Moreover, if your spouse can not satisfy any of the conditions above, then I believe the most convenient condition is a "job seeker". Apply to different companies on-line such as Tesco, Asda, Orange, T-Mobile, O2 etc and print out the confirmations. This will act as an evidence that your spouse is actively looking for a job in the United Kingdom.

Or the other condition is "Self Sufficient" which means you have show them your Bank statement with the amount covering your planned stay in the UK if more than 3 months, and along with that a comprehensive sickness insurance which will cover you and your spouse in the UK.

It might sound a bit of a hassle but it's really not, its a pretty simple procedure with no complications "if the marriage is genuine".

Hope the above clarifies the situation.

Regards,

hitman04Threads: 1 Posts: 4 Joined: Apr 12, 10 ♂	Apr 13, 10, 08:17 #3
Thank you very much Faizeeekhan, this info will help us alot , and yes we have all the documents civil marriage certificate ,letters from the polish court/ gov. even wedding photos aswell as documents when i applied for residency ect. one more thing ,how long does it normaly take the british.h.commission to process the aplication?

love_sunil80Threads: 29 Posts: 163 Joined: May 26, 07 ♂	Apr 13, 10, 08:23 #4
It can take from 2 weeks or more, depending upon your case.

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Apr 13, 10, 12:13 #5

hitman04:

Thank you very much Faizeeekhan, this info will help us alot , and yes we have all the documents civil marriage certificate ,letters from the polish court/ gov. even wedding photos aswell as documents when i applied for residency ect. one more thing ,how long does it normaly take the british.h.commission to process the aplication?

You are very welcome and as Sunil said it can take upto 2 weeks or more depends on individual case.

Good Luck

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Apr 13, 10, 13:49 #6

faizeeekhan:

It might sound a bit of a hassle but it's really not, its a pretty simple procedure with no complications "if the marriage is genuine".

You reckon? He was here on a 2 year WHV and then got married to a Pole and now wants to come back to the UK - yep, really genuine! Note the fact she's never lived here..poor cow!

faizeeekhan:

Moreover, if your spouse can not satisfy any of the conditions above, then I believe the most convenient condition is a "job seeker". Apply to different companies on-line such as Tesco, Asda, Orange, T-Mobile, O2 etc and print out the confirmations. This will act as an evidence that your spouse is actively looking for a job in the United Kingdom.

She can actively look all she likes on the net, the fact she doesnt have a permanent address and is not enrolled on the WRS means she cant work in the UK (legally) until that's sorted..

Keep giving your advice out Faizee, You might want to check the Home Office pages a little bit more often, we're having an immigration overhaul at the moment....None EU citizens are not really that welcome, unless they bring something geuine to the table.

Oh, have a look at this :D This persons husband was "British" (actually probably Indian born) and she was refused a EEA permit.

"You have applied for admission to the United Kingdom by virtue of EC Law as the family member of an EEA nation who is exercising or wishes to exercise, rights of free movement under the Treaty establishing the EC in the UK, but I am not satisfied that the EEA national of whom you are a family member is a qualified person"

So you see hitman, its not as simple as these two asian gentlemen think it is - things have changed.

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Apr 13, 10, 14:08 #7

Amathyst:

So you see hitman, its not as simple as these two asian gentlemen think it is - things have changed.

Sorry mate I am not a legal advisor or anything, nor I claim that I have more information than you have but I just gave out advice on the basis of what I know .....

I am totally aware of the overhaul currently UK is facing at the moment but as far as the EEA regulations are concerned than EEA members have the right to free movement regardless of what they bring to the table.

For the first three months, ECO is not even entitle to ask for any evidence from the EEA national or their family members apart from their marriage certificate and documents to prove the relationship.

If the relationship exist between the two parties than the visa MUST be issued, and the exercising of the treaty rights only come in after three months so that is out of question.

FOR EEA NATIONALS :-
Once you have been working in the United Kingdom legally for 12 months without a break in employment, you will no longer have to register on the Worker Registration Scheme. You can then obtain a residence permit confirming your right to live and work in the United Kingdom.

And there is no requirement to have a permanent UK address or registered in WRS when you haven't even visited UK before and also it doesn't matter what kind of employment your EEA national undertakes in the UK. They can not restrict you from doing any kind of job even if it is as a "cleaner". So again it is immaterial what an EEA national brings to the table. (Few more restrictions apply to Bulgarians and Romanians).

But again as I said I am not a Solicitor but I have come across several such cases where a person was even Illegal in the United Kingdom, get caught by the immigration working illegally, deported from the UK and returned on an EEA family permit. So I hope this guy's case is much clearer and without complications as compare to that guy.

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Apr 13, 10, 14:29 #8

Amathyst:

She can actively look all she likes on the net, the fact she doesnt have a permanent address and is not enrolled on the WRS means she cant work in the UK (legally) until that's sorted..

I dont agree with this point. Any European for example polish has a right to go and work in UK. Once they find a job they can register with WRS. The day they start working and start paying taxes and contributing towards National Insurance (NI) they are working legally. Regarding permanent address they can always rent a room or a flat :)

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Apr 13, 10, 14:56 #9

faizeeekhan:

For the first three months, ECO is not even entitle to ask for any evidence from the EEA national or their family members apart from their marriage certificate and documents to prove the relationship.

And even this is on the verge of being declared illegal - an EEA/CH citizen has the right of residence in any other EEA/CH country - and they are entitled to have their family members with them. But of course - they must stay with the family member. Want to flee your wife once you get into the UK? Think again, sunshine.

Romanians and Bulgarians are required to get a work permit, but this is easily avoided by simply registering as self employed.

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Apr 13, 10, 15:14 #10

delphiandomine:

The day they start working and start paying taxes and contributing towards National Insurance (NI) they are working legally.

I totally agree Sunil.

delphiandomine:

And even this is on the verge of being declared illegal - an EEA/CH citizen has the right of residence in any other EEA/CH country - and they are entitled to have their family members with them. But of course - they must stay with the family member. Want to flee your wife once you get into the UK? Think again, sunshine.

And I do agree with you too mate :)

Amathyst:

So you see hitman, its not as simple as these two asian gentlemen think it is - things have changed.

But I totally DISAGREE with Amathyst because your points don't really make sense, you are not talking within the law but these are your own assumptions which don't count at all.

love_sunil80Threads: 29 Posts: 163 Joined: May 26, 07 ♂	Apr 13, 10, 16:47 #11
faizeeekhan: But I totally DISAGREE with Amathyst because your points don't really make sense, you are not talking within the law but these are your own assumptions which don't count at all. I totally agree with you faizee :)

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Apr 13, 10, 19:08 #12

firstly let me just say amathyst my wife has been in the uk on visits and well travelled for that,as for me i worked for DHL while i was in the uk as an ops manager, I am south african and not some dodgy bloke from timbuck-to , as for my marriage it is 100% legit as a matter a fact i met my wife in the UK whilst she was visiting friends almost 4 years ago ,and polish people are extremely intelligent and skillful ,you should try to get to know them before you make any asumptions, and if you dont like other nations then you might aswell call yourself racist! ,polish people are quite friendly and humble and treat people with dignity so if you one of that ignorant english blokes who's into beer and footie with little education then i would suggest you keep your comments to yourself
enjoy mate.

RevokeNiceThreads: 21 Posts: 2,459 Joined: Jun 20, 09 ♂	Apr 13, 10, 19:30 #13
hitman04: you might aswell call yourself racist! A south african calling someone else racist. The ironing is delicous.

ShawnHThreads: 9 Posts: 3,001 Joined: Jul 2, 09 ♂	Apr 13, 10, 20:03 #14
RevokeNice: The ironing is delicous. So is the irony. :-)

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Apr 13, 10, 20:11 #15

hitman04:

ignorant english blokes who's into beer and footie with little education then i would suggest you keep your comments to yourself

Hitman I agree with most of what you said except the above statement, it is always wise to look at the profile before assuming gender. And your remarks about Englishmen I take exception to, Racism is an international affliction and not confined to any one nationality. You more then most people should be aware of this coming from South Africa.

RevokeNiceThreads: 21 Posts: 2,459 Joined: Jun 20, 09 ♂	Apr 13, 10, 20:18 #16
guzzler: Racism is an international affliction and not confined to any one nationality. You are confusing racism with ethnic criticism. hitman04: that ignorant english blokes who's into beer and footie with little education then i would suggest you keep your comments to yourself Oh, and there is nothing wrong with beer and football.

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Apr 13, 10, 20:49 #17

guzzler i know what you mean sorry but i was not generalising i was revering to amathyst and only him/her and englishman are all good cause alot of my buddy's are englishman who likes footie and beer and most of them are quite inteligent but you do get that 1 that has nothing better to do then to give bad comments, even in south africa you get them ,instead of trying to help others they rather give negative feedback, and revokenice try and do some research on south african history before making any comments ,I'm not black nor white or indian but coloured and believe me i know what it feels like when you are seperated in race groups or when they tell you the store is for whites only and now its just the oppisite way in south africa ,just apartheid is gone,but when you apply for a job and you not black you might aswell go home so you see because of my colour of my skin i'm
stuck in the middle. so lets try and give good comments and atleast try to better this world.

love_sunil80Threads: 29 Posts: 163 Joined: May 26, 07 ♂	Apr 13, 10, 21:00 #18
[quote=RevokeNice] Its cool you have changed your ID :)

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Edited by: faizeeekhan Apr 13, 10, 21:13 #19

Hitman04 started this thread expecting some good advice from someone but I guess now he knows that it was a bad idea to ask for help in here as people here are so ignorant and unrefined.

To be honest why just we don't stick to the point, if someone doesn't know about EEA family Permit or someone can't advice in the right manner then why bother even clicking on this thread ?

I am not going to get involve in any of the arguments and I have always been evasive to such topics or conversations.

I am a Muslim and I never thought of disrespecting any religion, and furthermore I never thought that I as Muslim will take over someone's space. I believe we belong to this global earth but not just one country. We weren't given a choice to be born in some specific place, area, city or country.

Anyone of you could have been born in Pakistan, Iran, Iraq, Afghanistan, india and so on ???? No country has the monopoly of criminals.No religion tells us to lie, do bad things, or blow places up, if we are good humans that means we fit into every religion, Islam, Christianity, Hindus, Jews etc.

I lived in USA since I was 2 and I lived in U.K when I was 16 and at present I am in Poland but believe me wherever I lived I respected each and every individual and I have never tried to impose myself or my ideas on anyone. I have huge number of white friends who visited Pakistan, Iran etc with me and they are just as good. So I don't know where the hell we get these ignorant, inhuman people from ?

Then why this hatred, IGNORE the bad people in Muslims, christians, hindus, jews and get along with the good people no matter what religion they are from. treat them as humans. Is it really hard ?

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Edited by: RevokeNice Apr 13, 10, 21:24 #20

faizeeekhan:

Then why this hatred, IGNORE the bad people in Muslims, christians, hindus, jews and get along with the good people no matter what religion they are from. treat them as humans. Is it really hard ?

Which muslim beacon of utopia do you hail from yourself?

As for the OP, thanks for that inane illiterate drivel but I couldnt give a monkeys about your "plight" in SA. Europe cannot save the world.

Anyways, you got an EU spouse. The golden ticket. Heres the info you need;

5)The right of all Union citizens to move and reside freely within the territory of the Member States should, if it is to be exercised under objective conditions of freedom and dignity, be also granted to their family members, irrespective of nationality. For the purposes of this Directive, the definition of ‘family member’ should also include the registered partner if the legislation of the host Member State treats registered partnership as equivalent to marriage.

(6)In order to maintain the unity of the family in a broader sense and without prejudice to the prohibition of discrimination on grounds of nationality, the situation of those persons who are not included in the definition of family members under this Directive, and who therefore do not enjoy an automatic right of entry and residence in the host Member State, should be examined by the host Member State on the basis of its own national legis-lation, in order to decide whether entry and residence could be granted to such persons, taking into consideration their relationship with the Union citizen or any other circumstances, such as their financial or physical dependence on the Union citizen.

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:229:00 35:0048:EN:PDF

Ireland, Denmark and the UK are appealling against this.

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Apr 13, 10, 21:48 #21

faizeeekhan:

But I totally DISAGREE with Amathyst

I meant what HE has to bring to the table. She can work in the UK..but she needs to be registered. As for him getting a permit, people get refused.

hitman04:

me i worked for DHL while i was in the uk as an ops manager,

For the whole 2 years?

hitman04:

I am south african and not some dodgy bloke from timbuck-to

Hmmm..Saffers dont have the best rep in the UK, whether they be black or white.

hitman04:

you should try to get to know them before you make any asumptions

I know a couple, I also know that some Polish women are bit stupid and marry exotic foreigners and then get dumped as soon as said foreigner gets his nice shiny new passport.

hitman04:

if you dont like other nations then you might aswell call yourself racist!

Blimey thats rich coming off a Saffer...

hitman04:

so if you one of that ignorant english blokes who's into beer and footie with little education then i would suggest you keep your comments to yourself

Actually sweetie, Im female, well educated and quite sick of foreigners using A8 nationals to get in my country..why not stay in Poland?

RevokeNice:

A south african calling someone else racist. The ironing is delicous.

Just noticed your post, I picked that up too...hilarious I thought.

hitman04:

instead of trying to help others they rather give negative feedback

Maybe a vast number of English people are sick of foreigners - why not go back to SA with your wife - neither of you are English why chose to settle here?

faizeeekhan:

as people here are so ignorant and unrefined.

Said the paki! Now thats irony!

faizeeekhan:

No country has the monopoly of criminals.

Some have a lot more terrorists than others though and in SA there are more rapes in a year than any other country on this planet!

So do me a favour stop giving advice to foreigners about how easy it is to get in MY country!

delphiandomine:

Romanians and Bulgarians are required to get a work permit, but this is easily avoided by simply registering as self employed.

Can one class begging with a new baby your arms as being self-employed?

Found this site too: (it wasnt a happy ending)

Hello everyone.

My husbands eea family permit was recently refused. The reasons for refusal were -

(A) I have deduced from your sponsor's letter that she is not presntly living or working in the UK. You have failed to provide evidence that your EEA national family member is a qualified person in accordence with regulation 6 of the immigration (EEA) regulation 2006. I am not statisfied that your EEA national family member is residing in the UK in accordance with Immigration Regulations 2006

faizeeekhanThreads: - Posts: 33 Joined: Mar 15, 10 ♂	Apr 13, 10, 22:14 #22
Your country ?????? I don't think anyone owns any country, being born in the UK doesn't mean you own it :) We belong to the global earth :)

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Apr 13, 10, 22:18 #23

damn amathyst i think you need to get laid ,Wtf??? it sounds like you got issues and since when do you have a country?? who the f, died and made you owner of the country ?? honestly you sound like you need a man and if you do have one tell him to pull his finger out and do a better job with you in the bedroom? and for god sake stop with all the hate cause polish female are angels compared to british chicks yeah you know what i mean ! esp when going on a nite out with the gals then you either end up on the pavement or get banged by blokes from other countrys then you still enjoy it, so please think before you make any comments ,hence the fact that english girls are seen as very easy all it takes is one beer!

RevokeNiceThreads: 21 Posts: 2,459 Joined: Jun 20, 09 ♂	Apr 13, 10, 22:19 #24
faizeeekhan: Your country ?????? My country, under the constitution, belongs to the people, ie citizens. faizeeekhan: We belong to the global earth :) Try that one with a immigration officer at an Australian airport. You still didnt answer my question. RevokeNice: Which muslim beacon of utopia do you hail from yourself?

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Apr 13, 10, 22:29 #25

Oh sorry I forgot to answer .....

I am from Kashmir (Administered by Pakistan), it is a beautiful little country.

But I am Dual national, I hold American nationality as well as I am the citizen of UAE.

I am only 21 years old and I have actually been to a lot of countries i-e almost everywhere in Europe, Iran, Afghanistan, Pakistan, India, etc etc

Hope the above details are enough for you to analyse.

And yes I have been to Australia, my brother lives there so Australia is my country as well :)

RevokeNiceThreads: 21 Posts: 2,459 Joined: Jun 20, 09 ♂	Apr 13, 10, 22:34 #26
faizeeekhan: I am from Kashmir (Administered by Pakistan), it is a beautiful little country. Azad Kashmir or Gilgit Baltistan(sp?) ?

faizeeekhanThreads: - Posts: 33 Joined: Mar 15, 10 ♂	Edited by: faizeeekhan Apr 13, 10, 22:41 #27
yes exactly mate Azad Kashmir, how do you know ?

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Apr 13, 10, 23:00 #28

RevokeNice:

You are confusing racism with ethnic criticism.

RN I don't confuse racism with ethnic criticism, I think constructive criticism is a very good thing. I consider racial generalisation a sad road to thread, I remember when I lived Dublin the Dubs hated the people from any other part of Ireland. Accused them of coming to Dublin working cheap and stealing their jobs, O'Connell Street was a battle ground every Saturday night. When I joined the navy it seemed like the rest of Britain hated the Londoners, and the Londoners had contempt for the rest. Its a funny old world, my way to handle it is to take people as they come..

♂

Edited by: RevokeNice Apr 13, 10, 23:08 #29

faizeeekhan:

yes exactly mate Azad Kashmir, how do you know ?

Stick around, kid. You will learn a lot from RN.

guzzler:

RN I don't confuse racism with ethnic criticism, I think constructive criticism is a very good thing.

Good stuff.

guzzler:

I remember when I lived Dublin the Dubs hated the people from any other part of Ireland.

The foreigners are the new culchies.

guzzler:

O'Connell Street was a battle ground every Saturday night.

Still is. Monday to Sunday. The more things change, the more they stay the same.

guzzler:

I consider racial generalisation a sad road to thread,

Why?

If I said "Nigerians are overly reliant on social welfare benefits" that would be a statement of fact. An ethnic criticism, perhaps, but not a racial generalisation.

Now, if I said "every Nigerian is on the welfare, getting free buggys, gaffs and mercs from the government" that would be a lie. Probably derived from racism.

Can you see what I am getting at?

guzzler:

Its a funny old world, my way to handle it is to take people as they come..

Well thats were we differ, I treat outsiders with suspicion until they prove me wrong.

faizeeekhanThreads: - Posts: 33 Joined: Mar 15, 10 ♂	Apr 13, 10, 23:12 #30
Yes Sir RN, Now I am getting your point to at least some extent. :)

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