Posted 27 October 2012 - 12:11 PM
I am French living and working in England for 3 and half years, my husband is Turkish living in Turkey, we are planning to apply for the EEA Family Permit as soon as possible so he can join me to live here.
I red many things about the EEA Family Permit but still have a few questions:
I went on holiday to Turkey from March 23rd to March 30th this year, I met my husband on March 28th, I then came back to see him in Turkey from May 3rd to May 10th, from June 29th to July 7th and from September 8th to September 21st, we got married on September 14th .
I am worried the UKBA would think this is a marriage of convenience as it says on their website:
"When a marriage / civil partnership of convenience is suspected, the burden of proof is high and rests with the ECO. However, in these cases the ECO is entitled to interview the applicant. Factors to consider include:
an adverse immigration history;
doubts about the validity of documentation;
application follows soon after the marriage / civil partnership;
no previous evidence of the relationship."
What do they mean by “application follows soon after the marriage”?
Is there a minimum or recommended delay after the wedding to apply for this permit?
Also my husband was refused a working visa to Germany 1 or 2 years ago, do you think they could refuse the EEA FP for those 2 reasons?
As I want to prove this is a genuine wedding this are the documents I am thinking to provide:
* Copy of my passport with the stamps from my visits in Turkey
*Telephone bills, but the thing is that I almost never called him directly, I used a prepaid card and also a special code from my mobile phone so his phone number does not appears on the bill, I also send him text messages from time to time but not that many as it’s quite expensive. Do you think this could be a problem?
*MSN messenger history: As we meet everyday on MSN I taught it could be a good support, but I am wondering if I have to print all the pages of conversations as there are so many and also there are private things I would not like to share... What is your advice?
*I think I have seen somewhere that we could provide text messages, but how? Are there any ways to print texts from a mobile phone?
*As we got married in Turkey, we will provide our Turkish wedding certificate, but I was thinking to add our French wedding certificate with the English translation:
Because I wanted our wedding to be recognised in France we had go different times to the French consulate in Ankara. The first time was to apply for a “certificat de capacité à marriage” this is a document that says we are able to get married. We had an interview there as the Lady was saying that we met just 3 months ago and it was too soon to get married, she suspected my husband wanted to marry me just for a visa... after almost 2 hours of trying to convince her, she finally approved.
So I wanted to add a letter explaining all of that along with the French wedding certificate to prove that authorities in France already approved our wedding as genuine.
Do you think it could help?
Also, does the Turkish wedding certificate has to be translated too?
Do you think there are any other documents I can provide to prove this is not a marriage of convenience? We don’t have any emails or letter as we speak every evening on MSN.
Thank you so much in advance for reading all that and for your responses.
Posted 27 October 2012 - 01:43 PM
The visa was refused because according to Germany, there are enough unemployed and competent people in Germany to do this job.
Posted 27 October 2012 - 01:45 PM
Posted 27 October 2012 - 01:51 PM
What do you think about the documents I should provide? Do you have ani advice?
Thank you so much for your quick responses
Posted 27 October 2012 - 02:03 PM
Posted 28 October 2012 - 09:32 AM
On the VAF5 application form they ask question 4.11 Full name of spouse, I decided to take my husband's name, this is stated on hte wedding certificate, but I haven't had the time to change my passport and ID, shall I then write my maiden name on the application form, do you think that will be a problem?
Question 8.2.6 they ask how often do we meet, does they mean phisicaly, or meeting on MSN messenger does count on this question?
Questions 8.4.7/8.4.8 they ask my employer telphone number and email address, I work in a big multinational company, shall I provide HR details or my line manager maybe?
Do you know if they contact the company to verify the employment? In this case, are there anyhting I could do to help the process be faster?
Question 8.9.1 they ask where my husband and I plan to live in the UK, we will live first at my present address, but as I have a flatmate, when my husband finds a job, we will find a place just for ourselves, shall I write my present address in the field and say that we will move afterwards?
Question 8.9.4 they ask if anyone else than me live in the property and ask for full details of the person, what does they mean exactly by full details? copy of passport, NIN...?
Question 8.10.16 they ask if my husband intend to work in the UK, yes he does as we want to live here, but they also ask for details, we don't know yet, as he will start to look for a job one here, shall I write that?
Posted 28 October 2012 - 11:37 AM
See if the calling card company can provide a record of the number called. Some do as there is demand for that, but it's not always available.
You don't need to print every MSN page but print enough that shows you use it daily and for a certain duration ie. not just a minute or two.
There is software which allows at least some SMS to be printed but I'm not familiar with it, check also with your mobile provider, they may know of some or you may be able to SMS through their website.
Other than that you have mentioned everything which you have available, but include also proof of your trips to Turkey (passport stamps, airline tickets), photos of you and the wedding, also statements from friends and family can assist. A document check by an advisor may be worthwhile. The relationship appears the only issue but might be looked at closely.
The French certificate means that you're legally married under French law, ie. that France recognises the marriage. Whether French authorities consider it genuine could be an issue if applying to go there.
For recognition of marriage, the UK is only interested in the original marriage certificate from the place you got married and that needs to be translated by a translator accepted by the visa application centre.
That said, include the French certificate and its translation, that you have it is another indication of a genuine marriage.
Within the UK you can use either name. Your legal name is determined by French law, if the name change hasn't been registered there, it's probably easier to use your maiden name as it appears on your passport. Though for the UK it doesn't matter, with the marriage certificate you can use whichever you prefer.
How often you meet means physically, your visits to Turkey.
You don't need to mention any future plans to move house, only the intended address upon arrival is relevant to the application.
Definite answers to specific questions on the form can only be given by an advisor. You can mention areas your husband might have worked in and/or areas in which he will look for work, but this is not that important. Showing a genuine marriage will be the main issue. And you need to show your current exercise of treaty rights in the UK.
Posted 28 October 2012 - 02:45 PM
I have been told that too, to ask family and friends for letters as personal references, does the letters have to be handwritten or computer letter with signature is ok? Do they need to provide a copy of their ID along with the letter, if yes, does it have to be certified?
What do you mean by "advisor"?
I will provide my last payslips and a letter from my employer confirming my date of entry in the company, my permanent position and my salary.
Thanks for your help Mutly
Posted 28 October 2012 - 03:23 PM
There are several advisors on the forum who can assist. I would recommend Victoria who is currently on holidays and Skillclear and Visadirect. They are qualified to look at documents etc. and provide spcific advice with the form and how best to present the application.
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