Help needed for EEA FP

[Timber]

Hi,

I will try to be as brief as possible and not leave out any information :)

So the current situation and background is:
I am a Hungarian citizen, 37, living and working in the UK for the last 4 years.
I am with my current employer for almost 2 years.
I am working on an hourly rate of 7PPH as a Security Officer in a school, which means if a month has school holidays my salary is lower than usual (especially in August).
I am living in a Shared (Terraced) House, in a separate room, about 6 square meters plus a 2 square meter storage area. Both spaces are exclusively accessible by only me. There are 5 rooms, with 5 other tenants, 1 bathroom, 1 kitchen.
My wife is a Filipino citizen, 19, living in General Santos City, Philippines. She just finished studies and not working at the moment.
We got married on 11th of November, 2012.
I've visited her and her family 3 times for 16-21-21 days.
We have a chatlog of around 300'000 messages only on Facebook Messenger (no kidding :D) and around 100'000 messages on Skype (unfortunately no logs available of the Skype Messages) and about 5-600 pictures and few videos together.

So we just got to the point where I have enough funds to bring her over here but browsing all the sites about information is just left us confused :)

So my questions and concerns are the following:
- First of all...
= Do we need to 'inform' any office here in the UK about our marriage? I have an original copy of the Marriage Certificate.
- As I am being a EEA national we can apply for the EEA FP.
= Should I apply in the UK for her Entry Clearance or should she apply for EEA FP in Philippines?
= What are the costs involved in one or the other way and what are the usual average processing times?
= With my shared accomodation, my not too high (average Net 1000 PPM) income do we have a chance?
= With the quite big age gap (18 years) and she being quite young (19 years old) could we face problems?
= I am receiving Working Tax Credit. Is it considered as a Benefit or kind of dependancy on state funds?

- Once we have the EEA FP...
= Should I travel to the Philippines to 'pick her up'? I am just very worried if anything happens at the UK border she would be alone... but financially it's not easy...
Can she apply for an NI straight away?
= How long she can stay without the need of renew the 'Visa'?
= Can she travel within the EEA freely if she travels with me?
= Does she needs any extra permit to start working?

I am sorry for having so many questions, but in the maze of internet I got lost already and we just want to be together finally but feels like we have to overcome many buerocratic walls before we can finally live our life as a family.

Thanks for everyone who can give us advice or just point at the right direction :)

[oakwell]

Hi Timber, A good place to start is within this forum select the "Sticky" All New Guide How to apply for a souse/partner visa. This should answer some if not most of your questions. Others I am sure will be very helpful in providing more information. Welcome aboard.:Wave:

[Terpe]

Hello Timber, welcome here to the forum. :welcomex:

Actually you should not be following the procedures for spouse/partner visa.

The EEA route is completely different in every respect.

In principle there is no need for the EEA national to already be in the UK, to have an NI number, to have money, to have suitable accommodation, to have been married for more than a day or to have the spouse pass any English Language test, or in fact to make any application fee for an EEA family permit.

In assessing an application, the ECO should be satisfied that:

1.the applicant is the family member of the EEA national (marriage certificate, birth certificate or other evidence of family link)
2.the EEA national is residing in the UK in accordance with the EEA Regulations (as qualified person if more than 3 months) and the non-EEA national is
joining them
OR
the EEA national intends to travel to the UK within 6 months and will have a right to reside under the Regulations on arrival, and the non-EEA national will be accompanying or joining the EEA national; and
3.if applying as a spouse or civil partner, there are no grounds to consider that the marriage or civil partnership is one of convenience (see Annex ….); and
4.if applying as dependent family members (dependent children 21 and over and dependent relatives) they are dependent on the EEA national or the EEA national’s spouse or civil partner; and
5.neither the applicant nor the EEA national should be excluded from the UK on the grounds of public policy, public security or public health.

So unless you have any special reasons why the above does not apply to you then it should be an exceptionally easy and stress free process.

Wish it was the same for British Citizens living in UK

As a first step please review this UKBA page specifically for Family Permits - How to apply for an EEA family permit (http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/applying/)
Please do follow all the links provided.
May I also suggest you review the VAF5 application form and VAF2-8B Guide, both of which can be downloaded from the Right-Hand side on the UKBA webpage.

After your review if you have any specific question about your specific circumstances just fire away here.


So my questions and concerns are the following:
- First of all...
= Do we need to 'inform' any office here in the UK about our marriage? I have an original copy of the Marriage Certificate.


No need as that will be covered under the FP application.


- As I am being a EEA national we can apply for the EEA FP.

Correct.


= Should I apply in the UK for her Entry Clearance or should she apply for EEA FP in Philippines?

She is the one to apply for the EEA FP. This needs to be in the Philippines and via the VFS online system


= What are the costs involved in one or the other way and what are the usual average processing times?

The Family Permit is completely free of any charges. Please see the UKBA webpage to access processing times. Usually it's just a few weeks as FP's are given priority and also there are very few checks to be made by the ECO's and very few reasons allowed for refusal.


= With my shared accomodation, my not too high (average Net 1000 PPM) income do we have a chance?

There is no income requirement to be met when applying for FP


= With the quite big age gap (18 years) and she being quite young (19 years old) could we face problems?

No problems



= I am receiving Working Tax Credit. Is it considered as a Benefit or kind of dependancy on state funds?

In so far as you are legally allowed such benefits there is no problem.


- Once we have the EEA FP...
= Should I travel to the Philippines to 'pick her up'? I am just very worried if anything happens at the UK border she would be alone... but financially it's not easy...

Of course that is your personal choice. I would expect you to be present at the UK airport to pick her up when she arrives, so UKBA would be able to contact you in the highly unlikely event that they need to.


Can she apply for an NI straight away?

Yes she can, but I strongly suggests the first thing she applies for is her Residence Permit/Card.
It's often difficult to prove eligibility to work without that. Once she has made application she will receive confirmation of that from UKBA by letter.
The actual Residence Permit may take up to 6 months.


= How long she can stay without the need of renew the 'Visa'?
The Family Permit is NOT a visa, it is a form of entry clearance. Normally it has a validity of 6 months, which means she should enter UK with that validity period.
Once she is here in UK she does not need to do anything. Although as I suggested before it is so much better she applies Residence.
She can stay here in UK under her Residence Card for 5 years. After that she may apply for Permanent residence then after 12 months for British Citizenship.


= Can she travel within the EEA freely if she travels with me?

Technically yes, but she needs to have acceptable travel documents and ID.
Without a schenghen visa and/or residence card she will face problems at airports and may be refused boarding. She may face problems both within EU borders and also
re-entering UK. FP is a one time entry clearance.
Better to ask that question again once she is here


= Does she needs any extra permit to start working?

Technically no. But in practice plenty of people had lots of trouble convincing employers of their status. Employers need to see documentary proof of
eligibility to work here. That's why she should apply Residence Card asap.

Hope this helps

[Timber]

Hi Terpe,

Thank you very much for the information, wifey and me are extremely happy now :)

I asked a solicitor here in the UK, who is specialized on immigration and she told me that I have to get the entry clearance for my wife first and to do that I have to pay almost 900 pounds to the Home Office. That was the part where I just got confused the most :)

Reading the link you gave me (for about the 20th time :D) there is still one part I am not sure about the endorsement part ("a copy of the EEA national's passport, endorsed by the EEA national's embassy in the country of application"). Does this means the copy of my passport needs to be endorsed by the Hungarian embassy in the Philippines? Because the problem is there is no Hungarian embassy in Philippines only in Jakarta. The Belgian consulate issues short term stay Visas to Hungary in Manila, but I suppose it's only a Schengen VISA. And to be honest reading that sentence I understand the words but I have no idea what does it actually means :) What do I exactly have to do? Does it means I have to go to Jakarta, to the Hungarian embassy and get a copy there? Or I have to go to the Hungarian embassy in London? To be honest knowing the Hungarian Embassy here in London, Jakarta sounds the easier way :biggrin:...

Also is there any sample for the invitation letter I have to send for her and does it needs to be endorsed by the Embassy as well? Or can I send her the letter by email (including my details)? Also should we attach anything else such as photos, chat logs... etc.?

If I can I will pick her up in Manila, and travel together as I would feel way more safe knowing she does not have to travel alone just last year my 3 trips to Philippines made my bank account begging for mercy :) But if I can't I will surely be there at Heathrow to pick her up with a set of warm clothes (even if it's summer :D).

[Terpe]

Peter (Timber),
I can't give you a definitive answer on the passport issue.
Normally, just a certified copy would be enough.
Given the wording in the UKBA webpage, I'd be inclined to seek clarification from the British Embassy in Manila. After all, they will be responsible for issuing the FP

I really wouldn't get overly stressed about it. You are legally exercising treaty rights here in UK and by EU law and directives are entitled to have your wife join you. I feel that the British Embassy should advise you given the complications you outlined.
I think requesting certified copies from the Hungarian Embassy here in UK would be perfectly in order.
Whenever you request information please do request urgent priority.

I am not an immigration advisor but I doubt that UKBA can refuse FP for that issue. It's just I wouldn't want to give you anything less than 100% correct info, so do secure info from Embassy.

[joebloggs]

I asked a solicitor here in the UK, who is specialized on immigration and she told me that I have to get the entry clearance for my wife first and to do that I have to pay almost 900 pounds to the Home Office. That was the part where I just got confused the most :)


for the UK, your spouse only needs 'entry clearance' if your a British citizen living in the UK or your from outside the EU living in the UK.

EU citizens exercising their treaty rights in the UK, their non EU spouse doesn't need 'entry clearance' thou they might need a 'entry visa'

[oakwell]

My apologies for posting incorrect information. Just shows how much I know on the subject.:doh