Need Help with Visa (urgent please) Continuation...

Good Afternoon everyone!

So, my now husband and I have gotten married last month in Cyprus and are on cloud 9, but we do have new issues to face legally.
I am an American/Lebanese citizen and my husband is Romanian living and working (obeying treaty rights for more than 5 years now) in the UK. He has applied for his permanent residency card about two months ago and we are waiting to get it approved. Within this time, we have gotten married and celebrated our love for one another.

Here is our previous story in case you need more information about our case:

http://talk.uk-yankee.com/index.php?topic=89877.msg1163717#msg1163717

http://talk.uk-yankee.com/index.php?topic=90302.0

Now, we are married and registered in Cyprus, Lebanon, Romania, and soon to be the American embassy.
My issue now is, I had lost my American passport a few weeks ago and was given an emergency temporary American passport;I am currently working on getting my new valid passport with my husbands surname instead of my maiden name. BUT my old passport first off, held proof of all our traveling prior to now, ALSO had the two previous refusal marks of entry to the UK.
Will this be an issue when applying for my EEA famiy member permit to live with my husband in London? Obviously, I will explain the situation with personal letters with regards to both home office refusal letters and also provide my document from the American embassy where it states my passport was lost and I required a temporary passport before (now) getting my new passport with my spouse's last name.

Another issue we are facing is, we are planning to travel to Romania to visit my husband's family first week of July and we are thinking if straight from there, would I be able to travel back with him to the UK using my new passport and then from the UK we apply for my family member visa? (As an American citizen this year I have NOT exceeded my six month visa rights, however last time travelling to the UK they did warn me that I would need a clearance visa when trying to re-enter the boarder for whatever reason due to being refused...) Or would you guys advice me to travel back to Lebanon (country of residency for now) and apply from here and IF/HOPEFULLY getting accepted, then travel to him in the UK?

Lastly, we are worried if we do travel together from Romania to the UK, would boarder control stop and interrogate me all over again because I would not have a clearance visa for entry (should I get a clearance visa prior travel arrangements even if my passport is new and name is different?) Keep in mind, if I were asked at boarder control for my old passport I would provide my last recent and only one available which is my emergency passport that I used to travel to Cyprus with. I also, no doubt, would say I was refused before and would not hold any information back from authorities.

Thank you everyone for your previous and hopefully future help! This forum has been so useful and spared us a lot of legal headaches! We are grateful!

He has applied for his permanent residency card about two months ago and we are waiting to get it approved.

People only usually apply for a DCPR if they want to apply for British citizenship, which thousands are now doing of course, to secure their stay after Brexit. Just be aware that once he is a British citizen, you will lose your EU sponsor. Which means that you can no longer be in the UK under EU rules and your husband would need to sponsor you for a UK spouse visa. An EU 5 year Resident Card is not like the UK "visa", as the EU's RCs can become invalid and the end date doesn't mean anything for a spouse/partner. The EU's permits/cards are not visas.


 

ALSO had the two previous refusal marks of entry to the UK.
Will this be an issue when applying for my EEA famiy member permit to live with my husband in London?

The EU don't care what UK rules and regs are regarding refusals and bans etc and while the UK remains in the UK, this will not be an issue.

Another issue we are facing is, we are planning to travel to Romania to visit my husband's family first week of July and we are thinking if straight from there, would I be able to travel back with him to the UK using my new passport and then from the UK we apply for my family member visa? (As an American citizen this year I have NOT exceeded my six month visa rights,

There are no rights to visit, as any time allowed is decided at the border. However, you are going to be using EU rules to enter the UK. You are going to find it much easier to apply for an EU  Family Permit and use that to enter the UK. The FP will also make it easier for employers as they may not want to hire you without proof of your right to work.
https://www.gov.uk/family-permit

however last time travelling to the UK they did warn me that I would need a clearance visa when trying to re-enter the boarder for whatever reason due to being refused...)

See above, the EU don't care about UK visa rules and regs. Even someone who has been deported from the UK straight from prison and banned, or who has been in jail for serious crimes in another country and would not be allowed entry under UK rules, can just come and live in the UK using EU rules/EU court rulings. While the UK remains in the EU, the UK must follow EU rules and European Court of Justice rulings.

Thank you for your reply! Our case has changed and we will not be traveling to Romania anymore so basically it is probably a little more simple of a situation (if you can call it 'simple' at all for myself with regards to everything I've faced lol).

Anyway, now, we are starting preparation with the whole application procedure. Honestly, I'm scared sh*tless. I really just want to be with my husband...

I will be applying once I get my new passport with his surname from the immigration and visa department in Beirut, Lebanon by the end of this month.
Documents I will be providing within my application:
Him (EU national):
- copy of passport
- phone records + our chats
- photographs (wedding, trips, etc)
- original birth certificate
- tenancy agreement
- 6 months statements
- 6 month payslips
- tax returns
- letter of employment + salary + length of time in Co.
- Cover letter
- How we met (personal letter)

Me (NON EU National):
- VAF5 application
- Current American Passport + past temporary American passport + official document from US embassy how older passport was lost + personal explanation letter
- passport picture
- Lebanese ID + Proof of residence in Lebanon
- Original Marriage certificate
- University diploma from Notre Dame in Lebanon
- Bank statements for 6 months
- Two refusal Letters that were given by home office in UK + personal explanation letters
- How we met (personal letter)

Will this be enough information? Also, we want to apply with priority, how does this take place...

Since you will be applying for an EEA Family Permit, you do not need most of the documents in your list, since you qualify for the permit simply by being married to him and by him being employed in the UK.

All you need to send is:

You
- Application form
- your passports
- your passport photos
- refusal letters

Him
- certified copy of his passport photo page
- his permanent residence card if he has it when you apply

If he doesn't have his permanent residence card, you send proof of employment... either:
- his job contract
or
- a letter from his employer
or
- a couple of payslips

Relationship evidence:
- your marriage certificate

That's it.

From the guidance on the UKVI website, the required documents are:

Documents you must provide

You must provide:
- a valid passport
- evidence of your relationship to your EEA family member, for example a marriage certificate, civil partnership certificate, birth certificate or proof that you’ve lived together for 2 years if unmarried
- your family member’s valid passport or national identity card (or a certified copy if you can’t provide the original)

EEA family members
You must show that your EEA family member has a permanent right of residence or is one of the following if they’ve been in the UK for more than 3 months:
- working, for example an employment contract, wage slips or a letter from an employer

Since you will be applying for an EEA Family Permit, you do not need most of the documents in your list, since you qualify for the permit simply by being married to him and by him being employed in the UK.

All you need to send is:

You
- Application form
- your passports
- your passport photos
- refusal letters

Him
- certified copy of his passport photo page
- his permanent residence card if he has it when you apply

If he doesn't have his permanent residence card, you send proof of employment... either:
- his job contract
or
- a letter from his employer
or
- a couple of payslips

Relationship evidence:
- your marriage certificate

That's it.

From the guidance on the UKVI website, the required documents are:

Hey! I wanted to ask you, do you think it will be an issue that I did lose my previous passport (as well to the other issues I have ((refusals)))? I will have at least my emergency passport that does have the stamp from when I went to Cyprus last month and I also have a paper from the US embassy that my previous passport has been reported lost which is why I was granted an emergency temporary passport for my wedding. But that does mean the stamps of all our prior trips and the two big rejection marks into the UK are not provided etc. I could print out tickets I had used even though no passport and also write an additional personal letter with regards to the lost passport...what would be your advice on that? I just really don't want to get denied...

Not an issue at all - you just list the passport on the application and state that the reason you cannot include it is because it was lost.

But that does mean the stamps of all our prior trips and the two big rejection marks into the UK are not provided etc. I could print out tickets I had used even though no passport and also write an additional personal letter with regards to the lost passport...what would be your advice on that? I just really don't want to get denied...

Nope, no need for any of that. A lost passport will not affect the application in any way at all.

All of your travel history and your refusals are recorded electronically and can be accessed by UKVI using your current passport.

Not an issue at all - you just list the passport on the application and state that the reason you cannot include it is because it was lost.

Nope, no need for any of that. A lost passport will not affect the application in any way at all.

All of your travel history and your refusals are recorded electronically and can be accessed by UKVI using your current passport.

Okay, Thank you so much!