# Italian citizen foreign spouse.



## tonyric (Aug 17, 2009)

I am an Italian living in London. Is the process to get my foreign (non-EU) spouse into the UK to reside with me the same as a Brit?


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## Joppa (Sep 7, 2009)

tonyric said:


> I am an Italian living in London. Is the process to get my foreign (non-EU) spouse into the UK to reside with me the same as a Brit?


No, it's easier. Rather than bound by restrictive UK immigration rules, you can assert your EU right to bring your non-EU spouse to live with you in UK. Instead of applying for a spouse visa (settlement), she can get an EEA Family Permit which is issued pretty promptly and at no cost. After moving to UK, within 6 months she applies for UK residence permit, which will be an endorsement entered into her passport allowing her to live and work for 5 years, after which she can apply for indefinite leave to remain.
EUN02 - EEA Family Permits


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## tonyric (Aug 17, 2009)

That is fantastic!!!! Thank you!!!


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## shauns303 (Jan 9, 2012)

tonyric said:


> That is fantastic!!!! Thank you!!!


Hi.... Did this work out for you? 

I am trying to do the same thing. Any help or suggestions? 

Please.....


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## Green78 (Dec 29, 2010)

Joppa said:


> No, it's easier. Rather than bound by restrictive UK immigration rules, you can assert your EU right to bring your non-EU spouse to live with you in UK. Instead of applying for a spouse visa (settlement), she can get an EEA Family Permit which is issued pretty promptly and at no cost. After moving to UK, within 6 months she applies for UK residence permit, which will be an endorsement entered into her passport allowing her to live and work for 5 years, after which she can apply for indefinite leave to remain.
> EUN02 - EEA Family Permits


So, if I've got it right: in case you are an EU citizen living in UK you can easily bring your non-EU partner with you in UK whereas if you are a british citizen things are more difficult? :confused2:

Matt


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## erina (Feb 21, 2011)

Green78 said:


> So, if I've got it right: in case you are an EU citizen living in UK you can easily bring your non-EU partner with you in UK whereas if you are a british citizen things are more difficult? :confused2:
> 
> Matt


This is correct. Doesn't it just make you sick!


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## teuchter (Dec 12, 2011)

erina said:


> This is correct. Doesn't it just make you sick!


No consolation, but - it's the same in reverse: eg I (as a UK citizen) qualify for a free visa with much simplified application process for my non-EU spouse in (eg) Italy or Germany, whereas an Italian or German citizen's non-EU spouse would be subject to the full fee/process of his/her country's immigration authorities, as indeed we are in the UK. 

It's all to do with exercising our right to freedom of movement within the EU member states, which other EU states are obliged to recognise.

teuchter


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## Green78 (Dec 29, 2010)

teuchter said:


> No consolation, but - it's the same in reverse: eg I (as a UK citizen) qualify for a free visa with much simplified application process for my non-EU spouse in (eg) Italy or Germany, whereas an Italian or German citizen's non-EU spouse would be subject to the full fee/process of his/her country's immigration authorities, as indeed we are in the UK.
> 
> It's all to do with exercising our right to freedom of movement within the EU member states, which other EU states are obliged to recognise.
> 
> teuchter


Don't get me wrong guys, I'm really happy for my fellow citizen, it's just that it doesn't make sense to me that a EU citizen have to go through all these red tape in his own country and not in all the others EU countries; if you asked me I would have said the opposite, it makes much more sense to me  

Matt


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## Joppa (Sep 7, 2009)

Green78 said:


> Don't get me wrong guys, I'm really happy for my fellow citizen, it's just that it doesn't make sense to me that a EU citizen have to go through all these red tape in his own country and not in all the others EU countries; if you asked me I would have said the opposite, it makes much more sense to me


EU rules make perfect sense, in fact. EU nationaility means nothing within your own country. You cannot be said to be exercising your treaty rights by living and working in your own country! So your own government can impose conditions on your non-EU family member which are considered relevant in such cases, including the ability to speak local language. 

Where EU rules do become relevant is if you have previously exercised your treaty rights with your family member in another EU state and is now returning home (Surinder Singh judgement)


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## Cloudberry (Jun 12, 2010)

Joppa said:


> No, it's easier. Rather than bound by restrictive UK immigration rules, you can assert your EU right to bring your non-EU spouse to live with you in UK. Instead of applying for a spouse visa (settlement), she can get an EEA Family Permit which is issued pretty promptly and at no cost. After moving to UK, within 6 months she applies for UK residence permit, which will be an endorsement entered into her passport allowing her to live and work for 5 years, after which she can apply for indefinite leave to remain.
> EUN02 - EEA Family Permits


I just want to clarify that I don't think you have to apply for the residence permit within 6mths. You can apply for it any time once you have an initial family permit to enter the country. Here's a link to EEA residency documents page.

A non-EEA family member accompanying their EU spouse in the UK can stay here so long as their spouse is exercising their treaty rights. You don't even have to apply for the residence permit but it can make life easier when your spouse is looking for work, travel etc.

The residence permit takes up to 6mths to be processed which is a long time, but you can request your passports back during that time (the residency permit application requires sending them both your passports). In this application you need to provide proof of your work or study activities here to prove you are exercising your rights in accordance with the law. You also need to show you can support the two of you financially and have private health cover/proof of health coverage.


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## Joppa (Sep 7, 2009)

Cloudberry said:


> I just want to clarify that I don't think you have to apply for the residence permit within 6mths. You can apply for it any time once you have an initial family permit to enter the country. Here's a link to EEA residency documents page.
> 
> A non-EEA family member accompanying their EU spouse in the UK can stay here so long as their spouse is exercising their treaty rights. You don't even have to apply for the residence permit but it can make life easier when your spouse is looking for work, travel etc.
> 
> The residence permit takes up to 6mths to be processed which is a long time, but you can request your passports back during that time (the residency permit application requires sending them both your passports). In this application you need to provide proof of your work or study activities here to prove you are exercising your rights in accordance with the law. You also need to show you can support the two of you financially and have private health cover/proof of health coverage.


It's true you don't have to have residence card by force of law or apply it within 6 months. But if you don't, when you leave UK, even for a day trip in France, you will have to get a fresh EEA family permit before you can return. And an expired family permit is unlikely to be accepted by potential employer as proof of eligibility to work (they get heavily fined if they employ illegal workers, so they tend to scrutinise documents). 

Average processing time for EEA2 residence card is around 3-4 months now. And it's issued free.


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## Cloudberry (Jun 12, 2010)

Joppa said:


> It's true you don't have to have residence card by force of law or apply it within 6 months. But if you don't, when you leave UK, even for a day trip in France, you will have to get a fresh EEA family permit before you can return. And an expired family permit is unlikely to be accepted by potential employer as proof of eligibility to work (they get heavily fined if they employ illegal workers, so they tend to scrutinise documents).
> 
> Average processing time for EEA2 residence card is around 3-4 months now. And it's issued free.


Sorry Joppa, that's incorrect. I'm an EEA with an accompanying non-EEA spouse and we frequently travel within the EU with just my EU passport and his non-EU passport with expired EEA family permit. 

Since we are both self employed we have never had to produce proof of right to live here to an employer but of course we did have to provide proof to get our NINs and set up our companies.

I agree though, it's not ideal. Having a residency card ensures there will never be an issue with travel or employment - we heard it could be an issue when re-entering the country but luckily to date we haven't had that problem. We'll be lodging an application just as soon as we have the time to put all the evidence together (when you're self-employed there's a lot of info you need to provide). It's just a pain that it takes so long! Good to know it's not the full 6mths they mention though


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## Joppa (Sep 7, 2009)

Cloudberry said:


> Sorry Joppa, that's incorrect. I'm an EEA with an accompanying non-EEA spouse and we frequently travel within the EU with just my EU passport and his non-EU passport with expired EEA family permit.
> 
> Since we are both self employed we have never had to produce proof of right to live here to an employer but of course we did have to provide proof to get our NINs and set up our companies.
> 
> I agree though, it's not ideal. Having a residency card ensures there will never be an issue with travel or employment - we heard it could be an issue when re-entering the country but luckily to date we haven't had that problem. We'll be lodging an application just as soon as we have the time to put all the evidence together (when you're self-employed there's a lot of info you need to provide). It's just a pain that it takes so long! Good to know it's not the full 6mths they mention though


I think you've just been lucky. I have heard of many people without residence card being given a hrad time at UK border on re-entry. I suppose the overworked immigration officers profile passengers and target those because of age, nationality or appearance seem most likely to be worth investigating.

I know it's a pain if you are self-employed when applying for residence documents, and it's a pity the hoped-for same-day premium service at Liverpool PEO seems to have been quietly shelved, due no doubt to threats of litigation over charging for something that is supposed to be free under EU law. Many EU family members would have paid a few hundred quid to avoid the interminable wait of several months.


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## Cloudberry (Jun 12, 2010)

Joppa said:


> I think you've just been lucky. I have heard of many people without residence card being given a hrad time at UK border on re-entry. I suppose the overworked immigration officers profile passengers and target those because of age, nationality or appearance seem most likely to be worth investigating.
> 
> I know it's a pain if you are self-employed when applying for residence documents, and it's a pity the hoped-for same-day premium service at Liverpool PEO seems to have been quietly shelved, due no doubt to threats of litigation over charging for something that is supposed to be free under EU law. Many EU family members would have paid a few hundred quid to avoid the interminable wait of several months.


Sounds like we might have been lucky. Our recent trips (on the expired family permit) have been to Denmark and Italy - maybe the return from France will be tougher. I assume the letter they send you after you lodge your residency card application is sufficient evidence to re-enter the country? We were planning to take the train from London to Paris in March but I doubt we'll have the residency card by then. 

That's exactly why we've been stalling the application - we were told on two occasions after phoning them that the same day service is on the way but they don't know when. Maybe they can offer both options - a paid, same day option and the free, postal option?


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## shauns303 (Jan 9, 2012)

*Help needed....*



Cloudberry said:


> I just want to clarify that I don't think you have to apply for the residence permit within 6mths. You can apply for it any time once you have an initial family permit to enter the country.
> 
> A non-EEA family member accompanying their EU spouse in the UK can stay here so long as their spouse is exercising their treaty rights. You don't even have to apply for the residence permit but it can make life easier when your spouse is looking for work, travel etc.
> 
> The residence permit takes up to 6mths to be processed which is a long time, but you can request your passports back during that time (the residency permit application requires sending them both your passports). In this application you need to provide proof of your work or study activities here to prove you are exercising your rights in accordance with the law. You also need to show you can support the two of you financially and have private health cover/proof of health coverage.


Hi, I am about to undertake this myself. i am an Australian with an Italian partner. We plan on moving back to the UK where we met. Do we need to have the proof of our relationship on entry together and apply then? Or can I enter on a 90 day holiday visa and once she has the treaty requirements then can we apply for the visa? 

Im sorry for the questions, we have no idea where to start. I have emailed visa help agents and am getting nothing in reply. What does she need to be exercising in the uk for us to be genuine applicants? Is there any tips or help anyone can offer. I would appreciate it so much...

Thank you


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## shauns303 (Jan 9, 2012)

Joppa said:


> I think you've just been lucky. I have heard of many people without residence card being given a hrad time at UK border on re-entry. I suppose the overworked immigration officers profile passengers and target those because of age, nationality or appearance seem most likely to be worth investigating.
> 
> I know it's a pain if you are self-employed when applying for residence documents, and it's a pity the hoped-for same-day premium service at Liverpool PEO seems to have been quietly shelved, due no doubt to threats of litigation over charging for something that is supposed to be free under EU law. Many EU family members would have paid a few hundred quid to avoid the interminable wait of several months.


Hi am just looking for some guidance of where to start. I am about to undertake this myself. i am an Australian with an Italian partner. We plan on moving back to the UK where we met. Do we need to have the proof of our relationship on entry together and apply then? Or can I enter on a 90 day holiday visa and once she has the treaty requirements then can we apply for the visa? We have been together for more than three years and can easily prove this. But I am currently in Australia and she is currently in Italy. We will enter England together in may this year. 

Im sorry if these are silly questions, we are stuck and we have no idea where to start. I have emailed visa help agents and am getting nothing in reply. What does she need to be exercising in the uk for us to be genuine applicants? Is there any tips or help anyone can offer. I would appreciate it so much...

I suppose my main question is: When do we apply/request that I (a non EU citizen) reside in the UK with my partner (an Italian citizen) ? ??
Thank you


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## Cloudberry (Jun 12, 2010)

shauns303 said:


> Hi, I am about to undertake this myself. i am an Australian with an Italian partner. We plan on moving back to the UK where we met. Do we need to have the proof of our relationship on entry together and apply then? Or can I enter on a 90 day holiday visa and once she has the treaty requirements then can we apply for the visa?
> 
> Im sorry for the questions, we have no idea where to start. I have emailed visa help agents and am getting nothing in reply. What does she need to be exercising in the uk for us to be genuine applicants? Is there any tips or help anyone can offer. I would appreciate it so much...
> 
> Thank you


She automatically has treaty rights and will be allowed in with a one way ticket provided she can explain what she'll be doing here eg. working, starting a business, studying. I'm not sure you could come on a tourist visa and then switch your status - maybe someone else here has some knowledge/experience of this? 

If you're not married you'll need to provide proof of your marriage like relationship (having lived together for at least 2yrs). You can find more information at the UK Border Agency page that explains the requirements/documents you'll need. 

And you'll find more info on the family permit here


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## Joppa (Sep 7, 2009)

Cloudberry said:


> She automatically has treaty rights and will be allowed in with a one way ticket provided she can explain what she'll be doing here eg. working, starting a business, studying. I'm not sure you could come on a tourist visa and then switch your status - maybe someone else here has some knowledge/experience of this?
> 
> If you're not married you'll need to provide proof of your marriage like relationship (having lived together for at least 2yrs). You can find more information at the UK Border Agency page that explains the requirements/documents you'll need.
> 
> And you'll find more info on the family permit here


Yes. I agree with that. You will need to obtain an EEA Family Permit before moving to UK, and you either have to arrive together or or your partner has to go ahead of you. You cannot arrive first. You will need some proof that your partner will be exercising treaty rights in UK - it could be working, studying, being financially independent or retiring. Even looking for work will be ok.

UKBA is willing to consider non-EEA unmarried partner provided you pass the same criteria as in UK immigration rules - two years' cohabitation and intention to live together permanently. Marriage does make it simpler and there's less likelihood of your application being rejected, provided it isn't a marriage convenience (having known each other for 3 years, that verdict is unlikley).


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## shauns303 (Jan 9, 2012)

OK, Thank you both for your quick response. I appreciate it. 
I'm still not clear on a few things. If you dont mind I would like to clarify some. 

So if we arrive at the airport together, is that where we provide our proof/documents and apply for my EEA Family Permit? Or do we do this online and then bring the approved documents with us on arrival? Im sorry, Im just not sure where it all starts and ends... When and where the application is done (online, air port, immigration office, etc...) And how and where the documents have to be presented? These may sound like silly questions, but I assure you I have read this forum and the links on the EEA Family Permit. And Im still not clear on these questions I have... Maybe Im over thinking it? 

Hope Im not being a pain, and I appreciate all the help anyone is willing to give. 
This is a big thing for us. 

 Thank you


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## Joppa (Sep 7, 2009)

shauns303 said:


> OK, Thank you both for your quick response. I appreciate it.
> I'm still not clear on a few things. If you dont mind I would like to clarify some.
> 
> So if we arrive at the airport together, is that where we provide our proof/documents and apply for my EEA Family Permit? Or do we do this online and then bring the approved documents with us on arrival? Im sorry, Im just not sure where it all starts and ends... When and where the application is done (online, air port, immigration office, etc...) And how and where the documents have to be presented? These may sound like silly questions, but I assure you I have read this forum and the links on the EEA Family Permit. And Im still not clear on these questions I have... Maybe Im over thinking it?
> ...


No, you must apply for and obtain your EEA family permit before travelling to UK. You apply to the UK Border Agency in Sydney. You make online application, get your biometrics taken at the High Commission in Canberra or a consulate and you send off your supporting documents to Sydney. The processing will be done in Manila, the Philippines, and once your permit is granted (usually very quick - in a day or two), you receive your passport and documents back by insured delivery. The whole process should take about a week or two. The most important part is preparing your supporting documents. You will need to get some from your partner. Look at visa application guide for EEA family permit, including the VAF5 form:
UK Border Agency | How to apply for an EEA family permit
UK Border Agency | Supporting documents for an EEA family permit


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## shauns303 (Jan 9, 2012)

Joppa said:


> No, you must apply for and obtain your EEA family permit before travelling to UK. You apply to the UK Border Agency in Sydney. You make online application, get your biometrics taken at the High Commission in Canberra or a consulate and you send off your supporting documents to Sydney. The processing will be done in Manila, the Philippines, and once your permit is granted (usually very quick - in a day or two), you receive your passport and documents back by insured delivery. The whole process should take about a week or two. The most important part is preparing your supporting documents. You will need to get some from your partner. Look at visa application guide for EEA family permit, including the VAF5 form:


Ok, great. Thank you. It's so much clearer now. I thought it may have to be done here. 

Reading over all requirements in the supporting documents scared me a little. For she is in Italy at the moment and I am in Melbourne (it says i can only deal with the Canberra Embassy) . She will only organise her study and work once she is in the UK. So we are already at a big disadvantage right? I have plenty of backable finance but she does not. Plus I am leaving here in 1 month. 
Is it worth trying for the visa or would we be waisting our time and effort? They are asking for ridiculous amounts of detail on documents. 

Sorry to keep posting, but its really scaring us now...


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## Joppa (Sep 7, 2009)

shauns303 said:


> Ok, great. Thank you. It's so much clearer now. I thought it may have to be done here.
> 
> Reading over all requirements in the supporting documents scared me a little. For she is in Italy at the moment and I am in Melbourne (it says i can only deal with the Canberra Embassy) . She will only organise her study and work once she is in the UK. So we are already at a big disadvantage right? I have plenty of backable finance but she does not. Plus I am leaving here in 1 month.
> Is it worth trying for the visa or would we be waisting our time and effort? They are asking for ridiculous amounts of detail on documents.
> ...


Don't be scared. Yes, they require lots of details but essentially you do have the right under European law to join your partner. 

As you aren't married, you need to substantiate your relationship and cohabitation over 2 years, and while you are apart, the fact of keeping in touch. Basically you need the same degree of proof as someone applying for unmarried partner visa under UK immigration rules, but without having to meet detailed maintenance requirement. While you have to disclose your finances, esp of the EU citizen, the criteria are that you don't become an undue burden on the state, not blanket 'no recourse to public funds'.


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## shauns303 (Jan 9, 2012)

Thanks once again for the reply. Very helpful. 

I am currently organising all the supporting documents as we speak. I assume that the 888 Australian Stat Dec forms are the ones to use? Or would i need to download the UK equivalent? And when it says to include a copy of the EU citizens passport, I assume a photo copy is ok? For I will not be able to obtain her actual passport. 

I am so great-full that i came across this forum. Thanks for all the input. I'll check back in with the outcome. Hopefully no more questions....


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## Joppa (Sep 7, 2009)

shauns303 said:


> Thanks once again for the reply. Very helpful.
> 
> I am currently organising all the supporting documents as we speak. I assume that the 888 Australian Stat Dec forms are the ones to use? Or would i need to download the UK equivalent? And when it says to include a copy of the EU citizens passport, I assume a photo copy is ok? For I will not be able to obtain her actual passport.
> 
> I am so great-full that i came across this forum. Thanks for all the input. I'll check back in with the outcome. Hopefully no more questions....


No you don't need to complete 888 form. Just put your partner's details on the VAF5 application form.
Probably ask your fiancée to go to her embassy/consulate and ask them to certify the passport copy. As it's a non-UK passport, I think it's a sensible move, as unfortunately fraudulent or fake passports are all too common. She may have to pay a small fee.


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## Jrge (Mar 22, 2011)

shauns303 said:


> Thanks once again for the reply. Very helpful.
> 
> I am currently organising all the supporting documents as we speak. I assume that the 888 Australian Stat Dec forms are the ones to use? Or would i need to download the UK equivalent? And when it says to include a copy of the EU citizens passport, I assume a photo copy is ok? For I will not be able to obtain her actual passport.
> 
> I am so great-full that i came across this forum. Thanks for all the input. I'll check back in with the outcome. Hopefully no more questions....


For sole purpose of ensuring UKBA your relationship isn't one of convenience and it has lasted for 2 years or more, you should include at least one verifiable -certified and/or notarized- reference. Although, the cover letter your EEA partner *MUST *include is what will make this application successful. 

A cover letter signed by your partner, becomes an "Under Perjury Statement", which will enable an Entry Clearance Officer (ECO) to rightfully issue or deny any Family Permit under Directive 2004/38/EC.

Moreover, you can include a photocopy of your partner's passport, as long as, it has been endorsed or certified by the proper authorities. UKBA will not just accept a simple photocopy as a valid evindence. 


Animo
(Cheers)


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## shauns303 (Jan 9, 2012)

Thanks again...

I was only mentioning the 888 form as part of the proof for our relationship. Surely this would help? Or is it completely unnecessary? And why? 

The copy of the passport, I understand it needs to be authorised correctly but surely it would be ok to do this at a police centre or council? Like we do here. The Embassies are miles away from her. 

So, the main criteria for this application is 
1) Authorised signed Passport copy. 
2) Cover Letter from My EU partner.
3) My VAF5 Application form.

Everything else is just bonus proof yeah? But do I still have to do my finger prints etc at Melbourne's British consulate? (If I can find a way to contact them in person). There is no way I can make it to Canberra in person. 

Thanks for all the input guys


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## Joppa (Sep 7, 2009)

shauns303 said:


> Thanks again...
> 
> I was only mentioning the 888 form as part of the proof for our relationship. Surely this would help? Or is it completely unnecessary? And why?


If you like, but most just send in photos, travel tickets, and joint financial responsibility like joint tenancy, bank account and insurance policies. 



> The copy of the passport, I understand it needs to be authorised correctly but surely it would be ok to do this at a police centre or council? Like we do here. The Embassies are miles away from her.


Well, they do say authenticated by the body that issued the travel document. 



> So, the main criteria for this application is
> 1) Authorised signed Passport copy.
> 2) Cover Letter from My EU partner.
> 3) My VAF5 Application form.
> ...


Biometrics can be done at your nearest consulate like Melbourne. You can't phone them but you make an online appointment as part of your application process.


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## shauns303 (Jan 9, 2012)

OK, I am almost there, but ****ting myself. I wanted to check in before I send it off. 
I have done the online application, I have made my appointment at the consulate, I have a lot of stuff to print and copy for the supporting documents. 

My main concerns are that my partner is currently working for herself as an English teacher and has no supporting documents or bank statements/payslips to prove this. Only I do, for my finances (which are sufficient for two). Also she is not in the Uk at this point and does not have work or study lined up yet but will asap. Again, no way to prove this. Is there anything I could do to account for not having all these requirements? To balance it out a little. Detail it in a cover letter for example? 

Sorry to throw all this at you again but its the final post before i send it off and chew my nails off in anticipation. 

Any further tips anyone? 
Thanks so much for all the help. Much appreciated. 

Guilty until proven innocent is a hard game to play.


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## Joppa (Sep 7, 2009)

shauns303 said:


> OK, I am almost there, but ****ting myself. I wanted to check in before I send it off.
> I have done the online application, I have made my appointment at the consulate, I have a lot of stuff to print and copy for the supporting documents.
> 
> My main concerns are that my partner is currently working for herself as an English teacher and has no supporting documents or bank statements/payslips to prove this. Only I do, for my finances (which are sufficient for two). Also she is not in the Uk at this point and does not have work or study lined up yet but will asap. Again, no way to prove this. Is there anything I could do to account for not having all these requirements? To balance it out a little. Detail it in a cover letter for example?
> ...


No documentary proof of current income for your sponsor can be an issue. So in effect you are saying she is paid cash as a freelancer? This will be difficult to document. All I can suggest is she puts money in a bank account or open a savings account, get a statement and send it to you. Not having a job lined up in UK isn't fatal, provided she can show she has a good job prospect, so enclose her CV and a sample job vacancy or two with salary offered she can go for. Do the same with you. Describe all this in a covering letter plus evidence, and hope for the best. From combined resources - i.e. savings in your case, do you have enough to meet current financial requirement, which is £105.95 per week for 6 months after paying for housing and council tax?


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## shauns303 (Jan 9, 2012)

OK, so the reason she is in the situation she is. Is because she works for a non profit organisation, teaching English. She has money coming in from this but not traceable or provable (its complicated), and she also teaches private lessons from home. She is apart of arts programs and a little support from her parents. So between all of this she has enough to live and save a little. Should we just put all of this ion detail on the cover letter? We also share a bank account here in Aus, where I could and was going to transfer $10,000 into it. Roughly 7,000 pounds. Print statement etc. Would this stand as her money? And it would be enough for the 6 months proof of living costs, we also have a little in an english account we shared years ago.

We will attach cv's and maybe the course details that my partner is hoping to do. I know it sounds like we have a very un organised and not very sufficient application and or proof. But it has been so hard to figure the best approach with the minimal requirements we can prove. It will be impossible for her to organise an account in time, for I am due at the consulate monday morning, it is now saturday morning. MY bad... 
But she has her money in a post office account in Italy. I will ask her to ask them to print a statement. 


Thanks again, so much. 
Any further thought?


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## Joppa (Sep 7, 2009)

shauns303 said:


> OK, so the reason she is in the situation she is. Is because she works for a non profit organisation, teaching English. She has money coming in from this but not traceable or provable (its complicated), and she also teaches private lessons from home. She is apart of arts programs and a little support from her parents. So between all of this she has enough to live and save a little. Should we just put all of this ion detail on the cover letter? We also share a bank account here in Aus, where I could and was going to transfer $10,000 into it. Roughly 7,000 pounds. Print statement etc. Would this stand as her money? And it would be enough for the 6 months proof of living costs, we also have a little in an english account we shared years ago.
> 
> We will attach cv's and maybe the course details that my partner is hoping to do. I know it sounds like we have a very un organised and not very sufficient application and or proof. But it has been so hard to figure the best approach with the minimal requirements we can prove. It will be impossible for her to organise an account in time, for I am due at the consulate monday morning, it is now saturday morning. MY bad...
> But she has her money in a post office account in Italy. I will ask her to ask them to print a statement.


As you are applying under European regulations, you shouldn't be too concerned about the exact level of finance available. Write a covering letter setting out her financial state and what is actually available to spend in UK.


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## shauns303 (Jan 9, 2012)

OK, thanks. So with photos and cards etc. Do I send original prints or are photocopies enough?
For a lot of photos are digital.


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## Joppa (Sep 7, 2009)

shauns303 said:


> OK, thanks. So with photos and cards etc. Do I send original prints or are photocopies enough?
> For a lot of photos are digital.


Either, if they are clear enough.


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## Miliangos (Apr 29, 2012)

*italian citizen foreign spouse*



Joppa said:


> i will need some proof that your partner will be exercising treaty rights in UK - it could be working, studying, being financially independent or retiring. Even looking for work will be ok.


Hi, I am Malaysian (in Malaysia) and will marry an Italian (in Italy)and we plan to enter and work in UK after the marriage. 

can someone confirm if "looking for work" is sufficient to that proof that he is exercising his right? 

if not, can we use his finances to proof that we are financially independent? i have read once that the amount is gbp1,100 per month? can someone confirm the amount, and if it is per family? or per person?

the other difficulty i foresee is that we do not have an address in uk. would that be used against us to say that he is not exercising his right in uk? we will most likely be staying at a friend's until we find somewhere for oruselves. 

as some bckground info, both of us lived in uk (from 2008 to 2010) legally and went home until now that we decided to get married.

hope someone can help. thank you in advance.


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## Joppa (Sep 7, 2009)

Miliangos said:


> Hi, I am Malaysian (in Malaysia) and will marry an Italian (in Italy)and we plan to enter and work in UK after the marriage.
> 
> can someone confirm if "looking for work" is sufficient to that proof that he is exercising his right?
> 
> ...


Your case is straightforward and you needn't have any worries.

As you are entering UK together, there is no need to supply any financial information. You can just put N/A (non applicable) to any finance question (only those EEA citizens who have been in UK now for 3 months or more have to complete that section).

Your Italian partner has the right to enter and stay in UK for 3 months to look for work.

What UKBA will look out for is proof that your relationship is genuine, so include supporting evidence of deepening, continuing relationship, record of personal meetings, trips together, how you kept in touch when apart and wedding photos etc. And evidence of joint financial responsibility such as joint bank account, rental, insurance policies etc.


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## Miliangos (Apr 29, 2012)

Joppa said:


> Your case is straightforward and you needn't have any worries.



this is good news :clap2:



Joppa said:


> As you are entering UK together, there is no need to supply any financial information. You can just put N/A (non applicable) to any finance question (only those EEA citizens who have been in UK now for 3 months or more have to complete that section).


thanks for your confirmation.



Joppa said:


> Your Italian partner has the right to enter and stay in UK for 3 months to look for work.


this would mean that i will get the same rights too, correct me if i am wrong.




Joppa said:


> What UKBA will look out for is proof that your relationship is genuine, so include supporting evidence of deepening, continuing relationship, record of personal meetings, trips together, how you kept in touch when apart and wedding photos etc.


this is not a problem. 



Joppa said:


> And evidence of joint financial responsibility such as joint bank account, rental, insurance policies etc.


but we do not have any of these.

thank you again for your input.


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## moninna (Mar 26, 2012)

I have an unmarried partner visa and I wish I had known about the EEA family permit before applying for UK entry clearance. My partner is an EU national, who has lived in the UK for the past 8 years, I just assumed he was a "UK settled person" and did not really investigate into EEA family permits. Is there any advantage in having UK entry clearance rather than an EEA family permit? I know I can apply for ILR after 2 years instead of 5 I would need to wait with EEA fp, but in terms of employment, if I had a EEAfp would I need to wait the 6 month period to be allowed to work? Are the processing times shorter for entry clearance compared to EEAfp? I just want to know if there is any advantage after having paid so much money for entry clearance. Thanks and good luck to all applicants.


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## Joppa (Sep 7, 2009)

moninna said:


> I have an unmarried partner visa and I wish I had known about the EEA family permit before applying for UK entry clearance. My partner is an EU national, who has lived in the UK for the past 8 years, I just assumed he was a "UK settled person" and did not really investigate into EEA family permits. Is there any advantage in having UK entry clearance rather than an EEA family permit? I know I can apply for ILR after 2 years instead of 5 I would need to wait with EEA fp, but in terms of employment, if I had a EEAfp would I need to wait the 6 month period to be allowed to work? Are the processing times shorter for entry clearance compared to EEAfp? I just want to know if there is any advantage after having paid so much money for entry clearance. Thanks and good luck to all applicants.


2 years/5 years for ILR/permanent residency is one difference, but for employment I can't think of any. You can work straightaway on EEA permit, though the wait for residence card may be long. And as you state, EEA permit is free whereas you pay a small fortune for settlement visa. UKBA advise you to go for settlement visa route if you have a choice because of shorter qualifying period for ILR, but under proposals out soon, everyone may have to wait 5 years.


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