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EEA family permit from Poland to UK - time and process


zaheerali84 1 | -
6 Jan 2010 #1
Hello,
I am from Pakistan I was in UK on a student visa but I was removed from UK because I work more than 20hours...but I got married with a Polish girl she was my girl friend when I was in UK after I removed from UK she came to Pakistan last month and we got married and I apply the EEA family permit in Pakistan before 1 week we have all the prove that we a genuine husband and wife and we have all the evidence and every single prove that we contact on daily basis can any buddy know about it can I get a EEA family permit or not and how it will take time to process?
Amathyst 19 | 2,702
6 Jan 2010 #2
EEA family permit

For where? I am assuming for the UK, taking into consideration you violated your visa restrictions (were an economic migrant rather than a genuine student), and were removed from the UK, your chances are slim to none.
SeanBM 35 | 5,808
6 Jan 2010 #3
Hello zaheerali84,

Here is the UK Visa Bureau:
visabureau.com/uk/family-permit-married.aspx

Good luck.
Harry
6 Jan 2010 #4
can I get a EEA family permit

Given that you've recently been removed from the UK, it is extremely unlikely that you will be given any kind of visa at all to enter the UK for a considerable time.

It will take between two and three months for your visa to be processed at a British consulate in Pakistan and the answer will almost certainly be "no". And they will keep on saying no.

Frankly, with a history like yours, you'll be lucky to get permission to reside in Poland, let alone the UK.
Amathyst 19 | 2,702
6 Jan 2010 #5
Good luck.

He'll needed it, he's blacklisted by the UK immigration system from getting any kind of visa (hello! he was removed from the country!) the fact his wife isnt British, let alone a British citizen wont really help him a great deal in getting an EEA family permit for the UK either - best off going to Poland or her to Pakistan - after all, Im sure he doesnt care where they are as long as they are together...
delphiandomine 88 | 18,455
7 Jan 2010 #6
It would help him - he's entitled to it.

But as he's got 'history' in the UK, it's unlikely he'll get it now - they really are clamping down on 'fake' students. I think educational establishments now have to keep records of attendance for non-EU citizens?

Anyway, if he really loved her, he'd happily live with her in Poland!

(...)
Amathyst 19 | 2,702
7 Jan 2010 #7
It would help him - he's entitled to it.

If she is not settled in the UK, he is not entitled to anything.

- they really are clamping down on 'fake' students.

They clamped down some time ago, why do you think students are heading to Poland...Wont be long before "Business Schools" are littering the streets ;0)

I think educational establishments now have to keep records of attendance for non-EU citizens?

Colleges have to be registed and monitored and low attendance by students reported - colleges have to "sponsor" students and are liable for fines if the do not comply, hence the reason the OP was found out.
delphiandomine 88 | 18,455
7 Jan 2010 #8
If she is not settled in the UK, he is not entitled to anything.

She doesn't have to be. The permit is issued to someone who intends to travel to the UK with their spouse - exercising their treaty rights. It can also be issued to someone who intends to join their spouse in the UK. Essentially, any EU/EEA/CH citizen is entitled to have their family join them in the UK.

Of course, they're perfectly entitled to refuse the granting of the EEA Family Permit if they believe it's a marriage of convenience.

They clamped down some time ago, why do you think students are heading to Poland...

Poland is quite tough on non-EU nationals though - and let's not forget, dark skin in Poland = target for passport controls. Unlike the UK, passport controls can be done *anywhere* in the country - I've seen dark skinned people pulled out on the train several times and checked.

colleges have to "sponsor" students and are liable for fines if the do not comply, hence the reason the OP was found out.

Makes perfect sense - wasn't there quite a large industry round false students?

(the poor girl involved with this!)
wildrover 98 | 4,451
7 Jan 2010 #9
Can anyone tell me more about this....If i were to marry a Russian lady , what would our status be.... The marriage will take place in Moscow , and we will reside in Poland...

I am a British citizen , and have been registered as a resident in Poland for five years.....What would be her position as my wife ...as regards her needing a visa to live in Poland , work in Poland , or visit the UK with me to see my family....

Do i need to notify somebody of my intention to marry a Russian even if we do not intend to live in the UK , and who do we notify...?
Amathyst 19 | 2,702
7 Jan 2010 #10
What would be her position as my wife

She would need a visa to come to the UK regardless of the fact she is your wife, she is a none EU member.

I think some Brit on here married a Ukrainian lady whilst he was living in Poland - cant remember his name though - might be worth doing a search.

So when is the big day? You have met havent you?
delphiandomine 88 | 18,455
7 Jan 2010 #11
What would be her position as my wife ...as regards her needing a visa to live in Poland , work in Poland

Poland should be quite straightforward - you have a right for her to live with you in Poland. Likewise, she's entitled to exercise her rights through you. It'll be a pain in the ass with all the paperwork, but should be quite easy and painless.

bia.homeoffice.gov.uk/visitingtheuk/gettingmarried/certificateofapproval

Doesn't seem that you have to bother in this case.

Do i need to notify somebody of my intention to marry a Russian even if we do not intend to live in the UK

Check out what the Russians want - they might want the same nonsense "certificate of no impediment" which is possible. But no, you don't have to bother telling anyone in the UK.

She would need a visa to come to the UK regardless of the fact she is your wife, she is a none EU member.

She needs the EEA Family Permit, which isn't the same thing. It's possible that it will be scrapped sooner rather than later - the UK has wrongly interpreted the EU directive. But anyway, it's a painless administrative detail to get if the marriage is all above board.
dhennie_jo 4 | 31
15 Mar 2010 #12
[Moved from]: a family permit going to UK, possible to edit online?

i fill up a family permit going to UK via online and submitted it already. Is there any chance that I can edit the information that I gave coz I still need to changed something and add some information there

thanks^^
voice of reason - | 32
18 Mar 2010 #13
Just claim asylum, right to stay in the country, no speak English, free translators. Better still, say you're Polish and you can toss it off on £5.80 an hour leave your kids at home or even bring them here, who checks? Claim full UK benefits after contributing sod all to this country and live happily ever after.
hitman04 - | 3
12 Apr 2010 #14
Merged: EEA Family Permit in Poland and in UK

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?
faizeeekhan - | 20
12 Apr 2010 #15
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,
hitman04 - | 3
13 Apr 2010 #16
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_sunil80 14 | 127
13 Apr 2010 #17
It can take from 2 weeks or more, depending upon your case.
faizeeekhan - | 20
13 Apr 2010 #18
Thank you very much Faizeeekhan

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

Good Luck
Amathyst 19 | 2,702
13 Apr 2010 #19
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!

Moreover, if your spouse can not satisfy any of the conditions above, then I believe the most convenient condition is a "job seeker"

She can actively look all she likes on the net, the fact she doesn't 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 genuine 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.
faizeeekhan - | 20
13 Apr 2010 #20
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.
love_sunil80 14 | 127
13 Apr 2010 #21
the fact she doesn't have a permanent address and is not enrolled on the WRS means she cant work in the UK (legally) until that's sorted..

I don't 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 :)
delphiandomine 88 | 18,455
13 Apr 2010 #22
For the first three months, ECO is not even entitle to ask for any evidence from the EEA national or their family members

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.
faizeeekhan - | 20
13 Apr 2010 #23
The day they start working and start paying taxes and contributing towards National Insurance (NI) they are working legally.

I totally agree Sunil.

Want to flee your wife once you get into the UK? Think again, sunshine.

And I do agree with you too mate :)

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.
hitman04 - | 3
13 Apr 2010 #25
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.
faizeeekhan - | 20
13 Apr 2010 #26
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 ?
RevokeNice 15 | 1,859
13 Apr 2010 #27
As for the OP, thanks for that inane illiterate drivel but I couldn't 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.

eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:229:0035:0048:EN:PDF

Ireland, Denmark and the UK are appealling against this.
Amathyst 19 | 2,702
13 Apr 2010 #28
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.

Found this site too: (it wasn't 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 presently living or working in the UK. You have failed to provide evidence that your EEA national family member is a qualified person in accordance with regulation 6 of the immigration (EEA) regulation 2006. I am not satisfied that your EEA national family member is residing in the UK in accordance with Immigration Regulations 2006

doudous7 - | 1
13 Jun 2010 #29
hello
i am Algerian married to Polish ,please i need some help for the documentation concerning the EEA family permit ,because i want move to work and live in UK ,now i am in Poland ,please can someone help me thanks.

Merged: EEA FAMILY PERMIT in Poland

Hello
I'm Algerien. My wife is Polish. We living in Poland. Which kind of documents we need to apply for EEA family. I have actually polish residency for 2 years
kleana - | 1
10 Sep 2010 #30
Merged: EEA Family Permit - the procedure

Hi everybody,

I need same information about EEA Family Permit. Can anybody help me please? I am a non -EEA member. I am living in Poland actually. I came to study in Poland in 2004, where i meet my husband. We live together for more than 3 years. We got married in my country in march 2010. We legalized our marriage in Poland and i got the residence permit for 1 year. My husband recently moved to uk. as he found a job. He is starting next week. I want to join him as soon as possible, that is why i am seeking advice to fill the application for EEA FAmily Permit. I have never been in uk before and i'm not familiar with the law there. I would like to know if the list of documents below is all i need to provide for the EEA Family Permit or something is missing?

1- Accommodation
2- Financial evidence
3- My husband job details
4- My residence permit in Poland
5- Marriage certificate
6- Husband copy of passport or national identity card

Do i have to wait for my husband to register for Worker Registration Scheme or can i apply before?
In the visa form there is a part in which i have to write my husband National Insurance Number, as my husband begins to work next week and he does not have a National Insurance Number jet do i need to wait for him to get NIN or i don't need this?

Please i will be very grateful if you could help. I read a lot of information in the internet but I am still so confused and worried because a lot of people were refused to get a EEA Family Permit .

Thank you, thank you very much
Kleana


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