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Topic: EEA family permit URGENTLY PLEASEEEEE  (Read 720 times)

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EEA family permit URGENTLY PLEASEEEEE
« on: November 13, 2008, 07:48:39 AM »
hi everybody
im a french citizen my wife is a turkish citizen.we are both 18.
we married in turkey.but im going in turkey to see her in christmas because im workin in england. if i  ask a spouse visa after the 27th november..should i wait 21 years old??
if anyone help me i will be so happy :)
« Last Edit: November 13, 2008, 03:46:31 PM by dada21 »


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Re: marriage visa
« Reply #1 on: November 13, 2008, 08:33:56 AM »
Yes.  Look at the website of the British Embassy in Turkey and it will have detail on how to apply.

Vicky


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Re: spouse visa question URGENTLY PLEASEEEEE
« Reply #2 on: November 13, 2008, 10:20:12 AM »
Right, now you have edited you post, I can see this is not going to be easy.

Why doesn't your wife apply now?  You don't have to be there when she applies.  And, although we are not 100 per cent sure whether this age restriction applies to EU nationals (I don't see how it can, actually), it may make life easier if she applies before the 27th, ie as soon as possible.

Vicky


Re: spouse visa question URGENTLY PLEASEEEEE
« Reply #3 on: November 13, 2008, 10:32:48 AM »
Expressing interest in this!

Even though this forum is for American issues and UKY has no competence in EEA-Turkish stuff, we need to watch what happens in cases like this. 

Unknowingly, the OP could be mounting a challenge.  Or more importantly, they could be establishing grounds for a non-EEA challenge.  And we're interested in that!

dada, keep us informed!


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Re: spouse visa question URGENTLY PLEASEEEEE
« Reply #4 on: November 13, 2008, 11:15:21 AM »
many
thanks for your help


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Re: spouse visa question URGENTLY PLEASEEEEE
« Reply #5 on: November 13, 2008, 11:51:48 AM »
I question whether there is actually a problem here? We are not talking about an application under UK immigration law. The application will be for an EEA Family Permit, and I submit that the UK has no ability to impose a minimum age requirement into the EU regulations.

If they do attempt to do this I would expect any action such as an appeal to lead to a loss by UKBA ..... indeed yet more egg on their face!

Whilst this topic is entitled "spouse visa question URGENTLY PLEASEEEEE", no, there is no application for a spouse visa! An application for an EEA Family Permit is entirely different.
John


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Re: spouse visa question URGENTLY PLEASEEEEE
« Reply #6 on: November 13, 2008, 12:19:38 PM »
John, your hair splitting is pointless.

The application is for someone to enter the UK as the spouse of an EEA citizen...this is not what it is technically called, but it amounts to the same thing.

And the applications are not 'entirely different' - they require a different (on-line) form, there is no cost, but they are assessed the same and require the same documentation (even though this may be a breach of EU law, it is how the UK work right now).

And, as the UK break EU law quite happily by demanding that there is a maintenence test, how are we to know whether or not they would break EU law by demanding a minimum age of 21?  Metock has been largely ignored by ECo's, remember?

My advice remains the same.

Vicky


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Re: spouse visa question URGENTLY PLEASEEEEE
« Reply #7 on: November 13, 2008, 12:42:30 PM »
And, as the UK break EU law quite happily by demanding that there is a maintenence test, how are we to know whether or not they would break EU law by demanding a minimum age of 21?  Metock has been largely ignored by ECo's, remember?

We are strangley talking about even a odder case... It is an EU Citizen marrying a Turkish (ECAA) Citizen, good thing they aren't setting up a business, but as Vicky points out, the Government specifically thinks they are changing things in the next round of legislation to try and further ignore EU laws and feel justified in doing so.
WARNING My thoughts and comments are entirely my own.  Especially when it comes to immigration and tax advice, I am not a professional.  My advice is to seek out professional advice.  Your mileage may vary!
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Re: spouse visa question URGENTLY PLEASEEEEE
« Reply #8 on: November 13, 2008, 01:46:31 PM »
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John, your hair splitting is pointless.

Hmm .... only time will tell whether the UK intends to try to add the age requirement to the EU regulations. If they do it is just a question of time before UKBA again ends up with egg on its face.

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And the applications are not 'entirely different'

No? One type of application is considered under the UK's Immigration Rules, and the other one isn't! Not much difference there?????
John


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Re: spouse visa question URGENTLY PLEASEEEEE
« Reply #9 on: November 13, 2008, 02:50:54 PM »
John, have you really not been reading the boards?  ???  All EU applications are decided on the same grounds as paragraph 277 - 289 of the immigration rules UNLESS the couple have been living together in another EU member state for a period of 6 months or more, which these two have not!

I said in my first post that the age requirement may or may not be applied to EU nationals, and while we know that to do so would be unlawful, this forum cares more about helping people get their visas the easy way rather than spending a lengthy battle with UKBA on a point of law, hence my advice that the application is made sooner rather than later.


Vicky


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Re: EEA family permit URGENTLY PLEASEEEEE
« Reply #10 on: November 13, 2008, 03:54:38 PM »
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John, have you really not been reading the boards?

Believe me, I have been reading. I just can't work out how UKBA expect to succeed in imposing extra rules on EEA applications.

Frankly I am horrified by the way UKBA is totally flouting the EU/EEA regulations. They are even flouting this ..... an application for Residence Card gets submitted by a Family Member. The Confirmation of Application letter needs to be sent .... immediately ..... yes that is the word in the EU regulations. Instead people are waiting weeks, merely for that letter.
John


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Re: EEA family permit URGENTLY PLEASEEEEE
« Reply #11 on: November 13, 2008, 03:56:49 PM »
Theory and practice are very different.  We need to make applications and advise according to the actuality, not according to the theoretical law.  And, the actuality is that there is no difference between an EEA application and an EU application (with previous caveat), Metock or no Metock.

Vicky


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