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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
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Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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EEA family permit: I am Nigerian but presently residing

Resolved Question:

EEA family permit:
I am Nigerian but presently residing in Sofia, Bulgaria. I am applying for my EEA family permit next week in order to join my wife in the UK. She's British citizen and has been exercising her treaty rights for years now. We got married in Bulgaria.
I am a bit confused about an aspect of the application. As part of the requirement for the application, am supposed to submit either her original passport or photocopy of passport if my partner is already in the UK. But they require that the copy of the passport be endorsed by the EEA national's embassy in the country of application. That sounds quite confusing because the EEA national's embassy in the country of my application is the UK embassy in Bulgaria where i am living and where i would be submitting. So how can they require that i have a copy of her passport endorsed by the same embassy that would be receiving the application? Secondly, they required a letter from the EEA national, declaring that you are travelling with them or are joining them in the UK. My question is, who should this letter be addressed to and what should be the contents of the letter? Also, i have read from other threads of applicants who had to write a cover letter. Is it compulsory to write this and if so what contents? Please kindly explain to me.
Thanks.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Howard replied 1 year ago.
You have misread the requirement for the passport copy. They ask it to be endorsed by the EEA national's embassy in the country in which they are resident or present at the time of application. The EEA national's Embassy is the Bulgarian Embassy in the UK as she is currently in the UK.

The letter from your wife can be addressed to the ECO, British High Commission, Bulgaria. It is not particularly important as it is being included with your application and not sent directly to that would be sufficient.

You can include a covering letter if you wish to do so. This would usually simply confirm the relationship and that you wish to join your wife in the UK. If there are any potential problems or concerns in the application then you can address them in the covering letter.

You can find further information with regard to documents here:

http://bia.homeoffice.gov.uk/sitecontent/documents/out-of-country/eea-family-permit.pdf

The Home Office page relating to this type of application is here:

http://bia.homeoffice.gov.uk/eucitizens/eea-family-permit/documents/


Please remember to rate the service that I have provided and good luck with the application. If you have further questions then feel free to ask.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
Howard and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks for your assistance but am still not satisfied with your response to my question. How can the EEA national's embassy in the country that are resident or present at the time of application be the Bulgarian Embassy in UK? I don't get it. They said and i quote " a copy of the EEA national's passport or identity card, endorsed by the EEA national's embassy in the country in which they are resident or present at the time of application".


My wife being a UK/EEA national has her embassy as the UK embassy. Please explain to me how a UK citizen's embassy in the country they are resident being the UK would mean the Bulgarian embassy in UK.


Thanks.

Customer: replied 1 year ago.
Relist: Inaccurate answer.
I am still not satisfied with the answer i got concerning my EEA family permit application. I am required to submit a copy of my wife's passport endorsed by the EEA national's embassy in the county they are resident or present at the time of application. The answer i got from you is that my wife who is a UK/EEA national should have a copy of her passport endorsed by the Bulgarian embassy in UK. But it states and i quote "a copy of the EEA national's passport or identity card, endorsed by the EEA national's embassy in the country in which they are resident or present at the time of application. The EEA national's embassy in my case is my wife who is a UK/EEA national, cannot endorse a copy of her passport in UK because there is no UK embassy in her present country of residence which is the UK. I need to be clarified on this.
Thanks.
Expert:  Howard replied 1 year ago.

If your partner is British and living in the UK then you should not usually be using the EEA route unless your partner has very recently returned to the UK.

 

If your partner is British and living in Bulgaria then the EEA route would apply.

 

Are you saying that she is British, has been working in Bulgaria but is now currently living and working in the UK but has only recently returned to the UK?

Customer: replied 1 year ago.

My partner is also Nigerian but is a UK citizen by virtue of the citizenship of her parents. She moved to the UK in 1999. I have a temporary residence in Bulgaria as a student and therefore can only apply for the EEA family permit from here. I have read on the UKBA site that the EEA family permit is EEA family members e.g spouse. We met during her Mum's funeral in Nigeria by february this year. She's been here to see me a couple of times in Bulgaria. At first u said a copy of her passport should be endorsed by the Bulgarian embassy in UK in response to my question. Please clarify me.


 


Thanks.

Expert:  Howard replied 1 year ago.
I apologise for the confusion caused - I had misread your question and for some unknown reason managed to miss that she is a British Citizen. Please ignore the advice given previously.

You said that she has been exercising treaty rights for years but that she has only been to see you a couple of times in Bulgaria. A British Citizen does not exercise treaty rights by living and working in the UK, so please clarify the basis upon which she has been exercising treaty rights in an EEA country not including the UK?

If you had thought that you could get an EEA family visa based on a British Citizen living and working in the UK then this would be incorrect and you should instead be looking at a Spouse visa.

I await your response and will guide you in the correct direction.
Customer: replied 1 year ago.

Your answers worry me because it completely contradicts what's on the UKBA site.

Expert:  Howard replied 1 year ago.
My answer would not contradict if it has been understood correctly. As I said, ignore the first response I provided as I had not understood your situation.

Answer the following question and I will guide you in the right direction.

- Has your wife been living and working in an EEA country that is NOT the UK? If she has then let me know the details. If she has been living and working in the UK then you should get a Spouse visa and NOT an EEA Family visa. Nothing on the Home Office site contradicts this.

Once you confirm the situation then I will advise and provide you with links to confirm my advice.
Expert:  Howard replied 1 year ago.
Make sure you answer my question.

If your wife has been living and working ONLY in the UK then the EEA family visa application WILL be refused and you should NOT make an application.

http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/eun/eun2/#header14

I am concerned that you are about to make a mistake based on your statement that your wife has only visited you in Bulgaria a couple of times.

Let me know so that I can ensure you make the right application.
Customer: replied 1 year ago.

She has not been living and working in another EEA country that is not the UK and i can't go to my country... at least not now. And i have to be in UK before the 5th of October because of our white wedding. **sad face**

Expert:  Howard replied 1 year ago.
Thanks for the response. On the plus side, you will now be able to avoid making an application that would be refused.

You will need to make a Spouse visa application:

http://bia.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/

You will need to evidence the relationship, meet the English language requirement and meet the Financial requirement. Assuming no children then your WIFE must demonstrate income of at least £18,600 for the previous 12-month period (this can be evidenced in a variety of ways, including using savings that have been in the account of you or your wife for at least 6 months).

You can usually apply from Bulgaria if you have at least 6 months visa status remaining, although you would need to check the local British Embassy for their current policy as this can change on a regular basis and is not always the same at various different locations.

Even if you can apply quickly the chances of the application being decided in time for your proposed trip are slim.

If your wife was living and working in an EEA country other than the UK for perhaps six months then you could get an EEA family visa and then you could both come back to the UK with that visa. This exception to the general rule is known as the 'Surinder Singh' route. This does not apply to your situation though and you must use the Spouse visa route.

You might be able to get a Family visit visa to enable your visit BUT current processing times indicate perhaps 8 weeks for the visa to be approved and you would need to strongly evidence reasons to demonstrate that you would leave the UK - sometimes difficult when you are not employed and married to the person in the UK. Being on a course that has not finished might help matters but the Spouse visa might be decided just as 'quickly' as the visit visa.

Sorry for the bad news and the initial confusion about your question. I am glad you provided that additional information that I requested as this has saved you making an application that would have definitely been refused.
Customer: replied 1 year ago.

Can i apply for a normal visiting visa? What form of assistance can u offer me to get this and get it fast enough?


 


Thanks.

Expert:  Howard replied 1 year ago.
You can apply for a visit visa - family visit would seem most appropriate. You might get the application decided in about 3 weeks but there is no fast-track process:

http://www.ukba.homeoffice.gov.uk/countries/bulgaria/processing-times/?langname=UK%20English

I can offer advice on getting a visitor visa if you visit my profile page and ask the question from there or ask a new question starting with "For UKVisas", as this is different to your original question. Alternatively, simply rate a positive service again on this question and we can continue here.
Customer: replied 1 year ago.

Ok but one last question. I have only been in Bulgaria for about 5-6 months. I hope that won't be a problem securing the visit visa because i have heard that i have to be here for a year in order to apply. How true...???

Expert:  Howard replied 1 year ago.
It is more important how long you have left on your visa. As a general rule you should not be on a temporary visa BUT they can allow visit visa applications. See the first link in the 'more information' section at the bottom of this page:

http://www.ukba.homeoffice.gov.uk/countries/bulgaria/applying/?langname=UK%20English
Customer: replied 1 year ago.

I have a 1 year Bulgarian temporary residence permit as a student which would expire on the 17th of April 2014. Meaning that i still have about 8 months to go.

Expert:  Howard replied 1 year ago.
Then you should be able to apply for a visitor visa.

If you would like advice about the visitor visa then please feel free to either ask another question directly to me as outlined earlier or simply rate the service provided here again and I will answer your questions here.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
Howard and other UK Immigration Law Specialists are ready to help you
Expert:  Howard replied 1 year ago.
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Customer: replied 1 year ago.

Now obviously i have to cancel my appointment with the UK embassy for the EEA family permit. But if i do this and fill out another form for visiting, won't they still have my data in their system as one who once applied for EEA family permit thereby conflicting things about my application. Or is it that as soon as i cancel my appointment, all information about my application wipes out from their system or made null and void?


Thanks.

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Customer: replied 1 year ago.

Thank u so much for your useful advice. The section on the UKBA site that states that as one on a temporary resident permit, i cannot apply for most types of visa in that country. I can only apply for :


 



  • a visitor visa

  • a Tier 5 (Temporary worker - creative and sporting) visa

  • an EEA family permit.


 


Going by this, can i apply for a family visa as one going to visit my wife or as an independent visitor. Does family visitor visa come under this category of visitor visa stated here?


Thanks.

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Customer: replied 1 year ago.

Thank u so much. Would it be necessary for my wife to accompany me to the UK embassy on the day of my interview appointment?

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Customer: replied 1 year ago.

I sure will.... THANK YOU SO MUCH!!!!

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Customer: replied 1 year ago.

Hello, please how much money should be enough for my visit. I stated in my application that i would visiting for 7 days. And my wife was going to take care of it. They asked how much i would be receiving for my trip, i said 1,000 pounds from her and 250 pounds from me. Total of 1,250 pounds. Is this ok? It's just a 1 week vacation. I intend to attach a copy of the moneygram receipt she sent the money with. How much should my wife be worth as balance in her account?


 


Thanks.

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Customer: replied 1 year ago.

Thank you so much. How long do u think it would take to issue this family visit visa from UK embassy, Bulgaria? Would i be able to meet up as against October 5th???

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Customer: replied 1 year ago.

I just filled out the forms but i may have made a mistake. I should have put it in there that am going for my church wedding because of my wife's family. But i forgot. Can i cancel the application and start afresh? I have receipts to show details of the wedding plan BUT part of the requirements for this family visa is that u MUST not enter the UK to get married. But my wife and i are legally married. The church ceremony is for her family.


 


Thanks.

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Customer: replied 1 year ago.

But i hope the fact that am going for my church wedding ceremony won't hamper my application? Because am not allowed to marry on this kind of visa.

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Customer: replied 1 year ago.

Thank u so so much. Can i make a hotel reservation for my stay for my wedding period or it has to be my wife's address. She has been having troubles formalizing her tenancy agreement becos it was transferred to her from her late Mum. Would a hotel accommodation suffice for a suitable accommodation for me. Becos i saw something like that there.


Thanks.

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Customer: replied 1 year ago.

Hello, if am applying for the family visitor visa, should my wife also send me a letter of invitation? And if so, should this letter be one addressed to me or to the embassy?


 


Thanks.

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Customer: replied 1 year ago.

Hello,


 


does it matter if the letter of invitation is hand written or typed?

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Customer: replied 1 year ago.

Hello, my wife wasn't able to get the letter from the organization that manages the property where she lives. After her mum passed away, they were supposed to transfer it to her but because they haven't finalized the process, as a matter of company policy, they cannot issue any form of letter to state that she lives there. This is so sad because i have already filled my visa form and paid the required fee. My appointment for biometrics is for Friday, next 2moro.


 


Am so worried because we dont have any evidence to show proof of where she lives.


 


What do i do??????

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Expert:  Howard replied 1 year ago.
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Customer: replied 1 year ago.

She has been paying the rent for the property since early this year. She has asked the property firm to send her payment receipts of payments which are in her name. Her payslips and old and current work contracts have the same address. Would the embassy accept scanned copies. I can print out in full colored. It cannot be sent by mail cos of time.

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Customer: replied 1 year ago.

Every other document is in the original except the payment receipts which is in to be sent via email.

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Customer: replied 1 year ago.

Hello, am at the verge of loosing/canceling my appointment for Friday and the visa fee because of this property document that was refused my wife. Please would a hotel accommodation for the duration of my stay make sense even though i already put down her house address as the place i would stay. or is there any way around this accommodation document thing?

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Customer: replied 1 year ago.

But isn't that too much of a risk....?

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Customer: replied 1 year ago.

Her family lawyer wants to prepare another tenancy agreement for us with another address. But i fear that that would complicate my application. Even if i fill another visa form, the embassy already has my application.


 


I have told them that that will complicate things if i fill another form with another address as my wife's address. Reason being that i feel it is risky to send 2 different applications into 1 embassy with different address. I declined the idea.


Hope i made sense and hope i did the right thing?


 


Thanks.

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Customer: replied 1 year ago.

That's the most ANNOYING part. The receipt providers have refused to issue some sort of letter stating that she's been the one paying the rent for the property, saying that its against their policy... probably because ownership of the house has not yet been transferred to her. But they know she's been living there and has been the one paying the rent and maintaining the house ever since her mum died. It's so sad and so annoying. She moved in there with her mum after she took ill and eventually died of cancer. She has since lived in that house since that time being sometime around January this year. Prior to that time, she had an address somewhere else where she lived and probably that would be the address on her bank statements and also she used her brother's house as a billing address because she wasn't sure where she would be moving to. At her request (my wife), they eventually sent to her via email, the payment receipts of the rents she has been paying but to our greatest SHOCK, the receipts still bore her late mother's name.


Now i have filled and submitted my visa application forms with that house address. When a lawyer friend of her family heard of the situation, he said i should be told not to go to the embassy without anything to show where my wife lives and said we should give him about 5 - 7 days to get us another tenancy agreement that i could apply with. But i was not comfortable with the idea for reasons i have already explained to you here. But contracts of her past and current place of work have the address on it, her payments slips have the address on it, the past phone bills of the land phone has the address on it. And she said that there are records on her bank statements that she has been paying the rent there.


 

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Customer: replied 1 year ago.

Her mother's house address. The same house i have been talking about, that property owners won't issue a letter for. The same house address i used for my family visitor's visa application.

Customer: replied 1 year ago.

Hello, been awaiting your response after answering your question.

Customer: replied 1 year ago.
Relist: Incomplete answer.
Still awaiting response for my last response tp your question.

Thanks.
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Customer: replied 1 year ago.

I meant that the house is not in her name but in her late mother's name. No document or letter from the property owners to show this. But work contracts,, payslips and some bills have her name with the address on it.

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Customer: replied 1 year ago.

Am sorry. U sound like am wearing u out.


 


So she should indicate in her letter that the address on the work contract, payslips etc are evidence of her accommodation?

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Customer: replied 1 year ago.

Hello,


 


my wife now has a new passport that bears her new last name as one married to me. When applying for my UK family visa, should i also include a copy of the old passport or just the new one would do?


 


Thanks.

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Customer: replied 1 year ago.

Okay.... thanks.

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Customer: replied 11 months ago.

hello, my UK family visitor's visa was denied few days ago and my church wedding in the UK is meant to be this weekend. Am completely shattered.

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My wife is travelling from London to the UK embassy in Warsaw, Poland tomorrow (the issuing center) to see what can be done before our wedding day being this Saturday, 5th October. I am also going to join her in Warsaw tomorrow. I was denied on the basis of insufficient evidence that i would return. They said the letter from my school didn't state that i was a continuing student and i didnt get a letter from my employer that i was going on vacation and would be returning to my job. I have a freelance agreement at the place i worked and i renew the contract every month. As such, i wont be able to get such letters from my employers but i attached copies of my monthly contract and tax records. but they seemed not to be convinced. By morning, i am going to pay my school fees in full for 1 semester as is required of me and get a letter from my school to show that i am fully registered and will be coming back to continue my studies.


My wife is UK citizen and her passport bears my name. I dont know what to expect at the embassy in Warsaw when we get there. What should i do? what shud we say?


Please i need your help.


 


Thanks.


 

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Customer: replied 11 months ago.

No we don't have an appointment with anyone as this happened all of a sudden and we just decided today to go there tomorrow. She's UK citizen and we believe that she would be given audience for this reason as citizen are treated preference. Should i be worried about this?

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Customer: replied 11 months ago.

Okay... thanks.

Customer: replied 11 months ago.

Hi, my wife and I went to Warsaw, Poland. She stated her case very calmly but firmly. She stood her ground and she was attended to. To cut the long story short, i was given a 6 month family visitor visa and as i speak, i am in London right now. We had our church wedding 2 days ago and i am so happy and so relieved.


Thank you so much guys. Keep up the good work.

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Expert:  Howard replied 11 months ago.
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Customer: replied 9 months ago.

Hi, am going to Nigeria to apply for my spouse visa. At the moment am filling the forms. The section for sponsor details is a bit confusing. Are the questions there for me or for my wife who is acting as my sponsor? In the part they asked about my relationship with my sponsor, there is no option available to choose "wife", "husband" or "spouse". What they have there is uncle, aunty, brother, sister, cousin etc and lastly, "other relative". What do i do? Is "other relative" the right choice? For a spouse/settlement visa, i feel the options should be more precise. Please kindly assist.


 


Thanks

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Customer: replied 9 months ago.

Thanks Howard. I sure will. Just glad cos i thot i probably did something wrong.

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Customer: replied 9 months ago.

Yea.. so the sponsor details section, is it for me or my wife or both of us?

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Customer: replied 9 months ago.

Thank you. I do hope something is done about this new form.


I have gotten to the last of the application which is "additional information". Won't i be asked when we met and for how long we've known each other, my wife's income etc?

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Customer: replied 9 months ago.

Hello, how much balance would be reasonable for my wife to have in her account when i apply for my spouse visa? A friend of mine whose husband is British citizen said when she applied for hers, her husband had a balance of 10,000 pounds in his account. Should my wife have that much in her account and also what if we borrow a huge amount into her account and print out the statement and return the money to the owner, will the UKBA normally call the banks to confirm the balance or they go by the balance they see in the account statement?


 


Thanks.

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Customer: replied 9 months ago.

Oh yes... her annual earnings is almost twice the amount of what is required in the Financial Requirement by the UKBA just that a lot of expenses have been made and not enough substantial cash in her account. We were worried because her balance is very low

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Expert:  Howard replied 9 months ago.
THIS ANSWER IS LOCKED!
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Customer: replied 8 months ago.

Hello Howard, i was very satisfied with your counsel during the time of my application from Sofia, Bulgaria. Now i am applying for my Spouse visa and am about leaving to my country, Nigeria to do that. Am still in the UK though on a family visitor visa.


 


I tried to rate your page so i can start another process with you but u have my old card details. How do i use another card?


 


Please reply. Thanks.

Customer: replied 8 months ago.
Relist: Other.
I sent a question to Howard almost an hour ago but no response from him yet.
Expert:  Howard replied 8 months ago.
THIS ANSWER IS LOCKED!
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