schengen visa>???

MellieC

Well-Known Member
#41
as soon as possible. did your friend do the form or did she get a solicitor. also did she send wedding photos, bank statements, wage slips etc.
there is no need for a solicitor, the EEAfp is about 17 pages long, most of which is fluff, because its over and above the legally required information.

as long as you are not an A2 national, and you can provide proof of your identity, his identity and that you do live in the UK, the granting of the EEA/fp is a legal requirement. I assume your hubby is coming from tunisia, and i would suggest that in that situation he does apply for the EEAfp, but if he were to be in the EU and then travelling to the UK (as we were) you can point blank refuse to apply for one and they must by law grant entry and residence if you have proof of identity, marital ties and residence in the other EU state.

which is what the Home Office are mighty pissed at me for telling people, and if they don't get off my back i will post their OWN instructions to immi officers on what immi stamp they put in the passport cos my husbands got one, which PROVES the above to be LEGAL FACT, and that the HO are acting illegally by instructing the visa database provider to NOT put that information available for people to FORCE them to apply for non mandatory eeafp's

im in fighting mood about this sorry!
 
#42
there is no need for a solicitor, the EEAfp is about 17 pages long, most of which is fluff, because its over and above the legally required information.

as long as you are not an A2 national, and you can provide proof of your identity, his identity and that you do live in the UK, the granting of the EEA/fp is a legal requirement. I assume your hubby is coming from tunisia, and i would suggest that in that situation he does apply for the EEAfp, but if he were to be in the EU and then travelling to the UK (as we were) you can point blank refuse to apply for one and they must by law grant entry and residence if you have proof of identity, marital ties and residence in the other EU state.

which is what the Home Office are mighty pissed at me for telling people, and if they don't get off my back i will post their OWN instructions to immi officers on what immi stamp they put in the passport cos my husbands got one, which PROVES the above to be LEGAL FACT, and that the HO are acting illegally by instructing the visa database provider to NOT put that information available for people to FORCE them to apply for non mandatory eeafp's

im in fighting mood about this sorry!
haha me too cos they are asking so much on the form, i have a headache.anyway i,ve done it now and am sending plenty of supporting documents. bit wary cos he,s younger than me and that mght make them say no. but been through all the eea regulations so hopefully will have an answer for them if they refuse. also i have to write a letter inviting him do you think i should put that i know my eu rights inside out or would this annoy them. thanks for replying to me .
 

MellieC

Well-Known Member
#43
haha me too cos they are asking so much on the form, i have a headache.anyway i,ve done it now and am sending plenty of supporting documents. bit wary cos he,s younger than me and that mght make them say no. but been through all the eea regulations so hopefully will have an answer for them if they refuse. also i have to write a letter inviting him do you think i should put that i know my eu rights inside out or would this annoy them. thanks for replying to me .
you don't have to put a letter inviting him at all, and age makes no difference! as its the first visa for entry to the EU then YES, supply info to prove YOU are exercising YOUR treaty rights, but don't supply over and above, remember its NOT even a visa, its merely a confirmation of HIS RIGHT TO JOIN YOU IN THE UK!

they UK aren't saying YES he can, they are only providing a document to make it easy for him to pass straight through immigration without being questioned! and THAT is FACT!
 
#44
you don't have to put a letter inviting him at all, and age makes no difference! as its the first visa for entry to the EU then YES, supply info to prove YOU are exercising YOUR treaty rights, but don't supply over and above, remember its NOT even a visa, its merely a confirmation of HIS RIGHT TO JOIN YOU IN THE UK!

they UK aren't saying YES he can, they are only providing a document to make it easy for him to pass straight through immigration without being questioned! and THAT is FACT!
 

FoxyRoxie89

Well-Known Member
#45
Mel

Did Lainie tell you about somebody who she met in Tunisia or on the plane - something, they got refused the EU visa :confused:
 

MellieC

Well-Known Member
#47
they can be refused if the EU citizen is not exercising a treaty right, or the paperwork isnt right, and doens't SHOW that the EU citizen is exercising a treaty right, but it doen'st change the fact that a non eu still has the right to accompany or join ~ they just have to show the correct documents

the reason they put "Surinder Singh" in freds passport ( and NO calling him surinder is NOT a good idea lol)
is to identify him as spouse of an EEA national, which simply confirms his rights that are different to other immigrants, im not treated as a Brit back here now! hey i can have special treatment im a foreigner lol
and fred has no life in the UK test, no ILR to do etc he is now resident in the UK and after 5 years that becomes permanent, free of charge lol
 
#48
haha me too cos they are asking so much on the form, i have a headache.anyway i,ve done it now and am sending plenty of supporting documents. bit wary cos he,s younger than me and that mght make them say no. but been through all the eea regulations so hopefully will have an answer for them if they refuse. also i have to write a letter inviting him do you think i should put that i know my eu rights inside out or would this annoy them. thanks for replying to me .
eeafp? whats that we filled in form vhf5 oh god i hope we,ve not done wrong one
 
#50
VAF5 is the UKBA code for the EEA/fp lol

you completed the correct form lol
phewwwwwww **** myself then lol. have you any idea how long it takes them to reply.got his appointment with embassy on 29th of this month
 

MellieC

Well-Known Member
#51
phewwwwwww **** myself then lol. have you any idea how long it takes them to reply.got his appointment with embassy on 29th of this month
I am not sure what you mean? he's got is appt on 29th
do you mean for biometrics?
the EEAfp is on an accelerated procedure, so takes precedence over spouse/tier visa's (are you reading this janeBM LOL) "delays of more than 4 weeks are not acceptable" according to the EU commission, but it can be 2 to 6 weeks the usual is 4 to 5 weeks.

as long as you are married, and you are an EEA national, he has a right to the EEAfp. end of!
and i don'[t mean "end of" to you, i mean thats the law, end of, no fluff thats it lol
 

skele

Well-Known Member
#52
as long as you are not an A2 national, and you can provide proof of your identity, his identity and that you do live in the UK, the granting of the EEA/fp is a legal requirement. I assume your hubby is coming from tunisia, and i would suggest that in that situation he does apply for the EEAfp, but if he were to be in the EU and then travelling to the UK (as we were) you can point blank refuse to apply for one and they must by law grant entry and residence if you have proof of identity, marital ties and residence in the other EU state.


Sounds nice in theory and apparently going by ferry is easier which is why a lot of the Tunisians with fake passports or fake visa's and wotnot get through. As we know, if you go to the airport having refused to apply, with proof of identity, marital ties, residence and anything else just in case....they will tell you to **** off and not let you on the plane. Whether you are within the law and they're breaking it or not, they have the power.
 

MellieC

Well-Known Member
#53
as long as you are not an A2 national, and you can provide proof of your identity, his identity and that you do live in the UK, the granting of the EEA/fp is a legal requirement. I assume your hubby is coming from tunisia, and i would suggest that in that situation he does apply for the EEAfp, but if he were to be in the EU and then travelling to the UK (as we were) you can point blank refuse to apply for one and they must by law grant entry and residence if you have proof of identity, marital ties and residence in the other EU state.


Sounds nice in theory and apparently going by ferry is easier which is why a lot of the Tunisians with fake passports or fake visa's and wotnot get through. As we know, if you go to the airport having refused to apply, with proof of identity, marital ties, residence and anything else just in case....they will tell you to **** off and not let you on the plane. Whether you are within the law and they're breaking it or not, they have the power.
well hello YOU!!

yes you and i know how great it sounds in theory and how **** it can work or not work in practise.

the EEAfp's have been pretty straightforward for EEA's in the UK though!

been a bit of a discussion going on elesewhere, about planes v ferries ~ consesus is that at the ferry ports you see IO's first, where as at the airport you see "ferry company officials" first.

and of course the Home Office state that the visa information MUST state that a "visa" is required.

the comission are almost ready(?) to take the UK to court over it now, better for the UK to sort is **** out now?

having gone back and forth several times via ferry this last couple of years, I am bemused at HOW the illegals are actually getting through customs?

Eurostar state that "UK immigration confirm that a visa is required"
LD lines will accept a FRENCH "Titre de Sejour" but seem sketchy on whether or not they will accept an RC from any other EU state.
P&O state, "as long as your documents are accepted by the UKBA you are free to travel with us"

YE emailed me to say the ferry company officials MUST permit boarding ~ I argued the toss with the UKBA EEA policy team who also had to give in and email me that it was OK! sent that to ferry company obviously lol
and the HO are FURIOUS about it!!

Most carriers (land/sea/air) are just worried about carriers liability, because they don[t know if the UK will send people back, which of course legally they cant!

Freds RC had expired, as you know it was backdated and the 1 year issue so was useless when it was issued!!
so we only showed passports, marraige cert, his expired RC and my "recepisse de demande de carte de sejour"

they stamped his passport A1 ~ surrinder singh, on the basis that he had an RC but it was expired, so they put the equivielent stamp to an eeafp in his passport. (A1 ~ but wrote specifically "surinder singh" on it.)

under 10 mins all done! took longer to scan Kits microchip and fill in her forms!!!

glad to see the back of it all to be honest!! EVERYTHING that we both went through is STILL GOING ON, from tunetown onwards, Our friends in the south of france are being refused permission to even register at the prefecture btw!!!!

and Captain Useless ~ well at her useless best as always! not helping them at all!!
 
#54
I am not sure what you mean? he's got is appt on 29th
do you mean for biometrics?
the EEAfp is on an accelerated procedure, so takes precedence over spouse/tier visa's (are you reading this janeBM LOL) "delays of more than 4 weeks are not acceptable" according to the EU commission, but it can be 2 to 6 weeks the usual is 4 to 5 weeks.

as long as you are married, and you are an EEA national, he has a right to the EEAfp. end of!
and i don'[t mean "end of" to you, i mean thats the law, end of, no fluff thats it lol
no had to do the form online and make an appointment to show supporting documents. he might be here for easter then with a bit of luck, do you think he,ll have any trouble travelling by himself or would it be best if i went there and he came back with me, bit worried about what will happen at the airport this end
 
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