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Discussion Starter · #1 · (Edited)
Hello everyone.
I applied for EEA Family Permit on 17th June in Warsaw and 12 business days later (yesterday) i got an email states that my passport is ready for collection/shipment. Of course i dont know if it is positive or negative yet. I am Turkish citizen, non EEA National.

Maybe it is a bit late for my questions, but in case i really want to know about these.. (if i get refusal)

I and my Polish wife live in Poland (for almost 4 years) and we both work, i have got polish residence card and we planned to go to UK together for 2 weeks, It will be a family visit, my mum lives in Sheffield.

In my application, i gave only my passport, my wife's polish id card, 1 colour photograph, our marriage certificate from Polish goverment and its sworn translation and our two way flight ticket.. And in the online form, i left all the financial questions as E/A. I had checked the latest VAF5 form before and all the guidance in the form, led me not to fill them..

For example in part 5, Finances and Employment section, it says :

TO BE COMPLETED BY
- extended family members of an EEA national applying on the basis that they are dependent on that EEA national, or
- dependent direct family members (this does not include spouses, civil partners or children under the age of 21)
so i am the spouse and i didnt complete it in online form..
and also here it says :

8.3.8 If the EEA National is not in the UK will you be >>>>>>>
travelling to the UK together? [YES] > Go to 8.6 ‘Your EEA Residency’
So when i picked that ''we are travelling together'', i had to jump to part 8.6, so i had to leave my wife's employement questions aswell (it also says, ''only complete here if EEA National works in UK''...She works in Poland and we live together)

and the last place :

8.6.1 Do you have a valid residence card or visa for an EEA member country? Put a cross (x) in the relevant box
if answer is YES, go to Part 9 - Additional Information (So we are also passing the part 8.7 Your relationship to EEA National - Partners.. passing part 8.8 and part 8.9 because i have got the resididence card as a spouse
I am sory if i confuse you, but hope you understand me..

My question is, do you think ECO can still refuse the EEA Family Permit because for the parts i had to leave as N/A ?

I have been reading this forum for long time and everyone says that this form is a pain and has too many unnecessary place that we dont have to fill for EEA Family Permit.. But i also saw some refusals by ECOs because of ''we didnt fill the form, we didnt give employement, finance details etc.)

Would you please give me also the EU Law or directive that we dont have to give our financial/employement documents, partnership details and they are not mandotary for the application? (document, paragraph number etc.)
I can use them if i get a refusal and when try re-apply or appeal..

Thank you all in advance
EMRAH
 

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As you are both outside UK, you don't need to answer any questions about finance, employment or accommodation. Even your residence permit for Poland is optional, as after the Metock case (EUR-Lex - 62008CA0127 - EN - EUR-Lex), lawful residence in an EEA state isn't a pre-requisite for getting EEA family permit for UK (but declare it if you have it). The reasons why you don't need to give financial or job information are derived from the EU law that allows EEA citizens and their family members (of any nationality) to live in an EEA state for 3 months before having to become a qualified person, i.e. exercising EU treaty rights such as working, which is derived from Free Movement of Persons Directive 2004/38/EC.
https://www.gov.uk/government/publi...eea-nationals-have-to-live-and-work-in-the-uk
 

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Discussion Starter · #3 ·
As you are both outside UK, you don't need to answer any questions about finance, employment or accommodation. Even your residence permit for Poland is optional, as after the Metock case (EUR-Lex - 62008CA0127 - EN - EUR-Lex), lawful residence in an EEA state isn't a pre-requisite for getting EEA family permit for UK (but declare it if you have it). The reasons why you don't need to give financial or job information are derived from the EU law that allows EEA citizens and their family members (of any nationality) to live in an EEA state for 3 months before having to become a qualified person, i.e. exercising EU treaty rights such as working, which is derived from Free Movement of Persons Directive 2004/38/EC.
https://www.gov.uk/government/publi...eea-nationals-have-to-live-and-work-in-the-uk
thanks Joppa..
In the aplication form, i had mentioned about my residence card but I had not put the copy of my residence card in my documents, but the officer asked to see my residence card. I showed her, she noted/wrote somethings on the form (maybe date of validation, card number..)
She also asked if i had any extra documents to show or leave to her and i said ''no, all i prepared are these'' thats why i want to ask about these supporting documents (financial documents, payslips, bank statments etc.) maybe she thought that my documents were very little, i dont know...

Also the thing i want to ask.. I got married with my wife officialy in Turkey.. And then we moved to Poland and showed/left our marriage documents to Polish marriage office and they also accepted them and issued new id card and also passport for my wife with my surename..
I saw a lot of refusals which are about the marriage certificates. Some ECOs refused the application because there was no marriage certification from the first place (in my case it is Turkey)
But i used my marriage certificate which was issued by Polish Marriage office, for my first and present residence cards.. (total 4 years) and again will use it for the permanent residence (i will apply 2 months later)
So do you think this can be a reason for the refusal? (but i have no connection with Turkey anymore and the center of my life is Poland, fully employed and live here permanently..)

I am waiting for your oppinions..
Thanks in advance
 

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Why overcomplicate things? You are only going for two weeks. Provided you have official marriage certificate with English translation, it will be accepted. Don't worry at all about not giving financial and other unnecessary details.
 
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