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Topic: Pls,I need fast advice on Applying for Spousal Visa,with a new job,pls  (Read 1028 times)

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Re: Pls,I need fast advice on Applying for Spousal Visa,with a new job,pls
« Reply #15 on: January 06, 2009, 08:16:01 AM »
thanks Vicky,

Sorry guys, since its our first time,maybe I am mixing things up. So basically, its just about my job contract,payslips and proof of accommodation + proof of marriage of course and maybe a letter from my school.
These should do?


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Re: Pls,I need fast advice on Applying for Spousal Visa,with a new job,pls
« Reply #16 on: January 06, 2009, 10:24:54 AM »
Hi
We are going through the same process.

As far as I have been able to understand, according to European Law the ONLY thing they need to see and are legally entitled to see are:
- your ID card/passport, to prove you are a EU citizen;
- your job contract /payslip (if you are applying as a worker - I think contract should be enough, they just need to see you are actually working) OR proof of funds (if you are applying as self-sufficient) OR your school registration/letter of acceptance/letter confirming you are attending your lessons (if you are applying as a student), to prove you are exercising your treaty rights - I think a CV and a couple of job adverts to whom you could qualify might actually prove you are a job seeker? not sure here;
- your wedding certificate, to prove you are legally married;
- your wife's passport, to (prove her identity and) put the stamp on it.

All the rest they ask you is superfluous, and according to EU law ILLEGAL for them to ask you. This (should be) according to the letter of the law.

Then in real life they expect to see something more, at least to make sure you can support yourself somehow and won't ask for benefits, but if you can work and have some sort of job, even part time, over your student status, they can't ask you more, there is no minimum amount of money you need to earn. But you won't find a clear cut list, because it is actually illegal for them to ask more than that listed above... But IMO they shouldn't refuse you if these things are there. (Might help a couple of photos of the two of you together for the marriage of convenience thing, or in your case, something baby-related... Congratulations!)

Someone please correct me if I am wrong!


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Re: Pls,I need fast advice on Applying for Spousal Visa,with a new job,pls
« Reply #17 on: January 06, 2009, 10:52:23 AM »
You are theoretically right, but it is dangerous to advise someone to provide the bare minimum just because EU law says so.  I have seen countless refusals of these applications because the ECO's are fools, and even though to refuse this application would be illegal, that doesn't mean they won't do it.  As John has said, they have now been presented with guidance on doing this the right way, but believe me, that doesn't mean that they will.

A refusal will be illegal.  And that will give you great comfort when you win an appeal, having spend 6 months stuck in the US waiting for your court date.

Why take the risk?

Vicky


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Re: Pls,I need fast advice on Applying for Spousal Visa,with a new job,pls
« Reply #18 on: January 06, 2009, 11:51:10 AM »

A refusal will be illegal.  And that will give you great comfort when you win an appeal, having spend 6 months stuck in the US waiting for your court date.

Why take the risk?

Vicky

Well really the answers are getting me somewhere, but with the quote above by Vicky,the risk of my wife applying now? I thought everyone else was saying it was no problem and frankly,i thought it was risky from the start in terms of finances.
John said he thinks its okay,and you said you second that but the risk isn't worth it?As in she should wait till I have good savings?


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Re: Pls,I need fast advice on Applying for Spousal Visa,with a new job,pls
« Reply #19 on: January 06, 2009, 11:55:52 AM »
You are theoretically right, but it is dangerous to advise someone to provide the bare minimum just because EU law says so.  I have seen countless refusals of these applications because the ECO's are fools, and even though to refuse this application would be illegal, that doesn't mean they won't do it.  As John has said, they have now been presented with guidance on doing this the right way, but believe me, that doesn't mean that they will.

A refusal will be illegal.  And that will give you great comfort when you win an appeal, having spend 6 months stuck in the US waiting for your court date.

Why take the risk?

Vicky

I know, and it wasn't my intention to advise to provide the bare minimum. That's why I suggested to add some more documents for real-life-difficulties reasons. But it irks me a lot, that we have to do something unnecessary just to take the path of less resistance, when it is our right not to, and they are wrong... Sigh... I know I should not complain, and we EEA applicants have a really easy life comparing to UK law applicants... But...

I'm still trying to decide what to provide for us.

Could any of the people who got their EEA Family Permit list what they provided? There are several posts at this regard for Spouse visas, but none for EEA Family Permits. This would help me, funkydoc and others in our situation a lot...


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Re: Pls,I need fast advice on Applying for Spousal Visa,with a new job,pls
« Reply #20 on: January 06, 2009, 12:09:08 PM »
Well really the answers are getting me somewhere, but with the quote above by Vicky,the risk of my wife applying now? I thought everyone else was saying it was no problem and frankly,i thought it was risky from the start in terms of finances.
John said he thinks its okay,and you said you second that but the risk isn't worth it?As in she should wait till I have good savings?

I said that the risk of only supplying the bare minimum, plus some photos, is not worth it.  As you have a good job and earnings, then you should be fine.

Vicky


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Re: Pls,I need fast advice on Applying for Spousal Visa,with a new job,pls
« Reply #21 on: January 06, 2009, 03:12:28 PM »

I'm still trying to decide what to provide for us.

Could any of the people who got their EEA Family Permit list what they provided? There are several posts at this regard for Spouse visas, but none for EEA Family Permits. This would help me, funkydoc and others in our situation a lot...


I second this,I ve studied this site so much to look for success stories and how they went about it but....well,maybe I ve not searched enough.

According to Vicky,if my job and earnings can do it without savings,then I guess it should be okay.
Hey,how about registering her with work at home programs like the ones that deal with kids toys or usborne books,etc,since she'll have a baby,this is the only kind of job she may be able to do till they get back to Ukraine.
Its just a passing qn....lol
Thanks


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