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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Im a EEA citizen and my wife is a non EEA citizen When applying

Customer Question

I'm a EEA citizen and my wife is a non EEA citizen
When applying for "Permanent Residence Card"EEA3
as economic self sufficient and Under "Proof of Eligibility"
They are asking for a bank statement showing that you
have enough funds to support yourself and wife as not become
a burden on society. So question is how much is required?

thanks in advance

jorgen kristiansen
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi Jorgen,

Thanks for your quesiton.

If you are applying for permanent residence then you must have already been living in the UK for a period of five years. Therefore, you should be able to show that during your time in the UK you have not claimed public funds as a result of your wife being here.

So, if you have worked in the UK during this time and have your bank statements which show the income you have received and that you have not been depositing benefit payments from the state then, effectively, this is your proof that you are able to support eachother without becoming a burden on the state.

SO, you should submit bank statements and your tax records and confirm in your respective statements that neither of you have claimed any public funds. You should refer to the accomodation that you have arranged and paid for yourself and state that it will continue.

You will also have to prove that your job will continue and that you will be able to derive a similar income from it in the future as you have done to date.

Kind regards,


Tom
Customer: replied 3 years ago.

My question should actually be for the EEA1


As a pensioner with sufficient means to support myself and my wife. So question is how much are we talking about??

Expert:  Thomas replied 3 years ago.
Hi,

I see. Sorry, your question suggested that you were applying for Permanent Residence.

For clarity the correct forms are:-

VAF5 - Family Permit - This is if your wife lives outside of the UK and you want them to come to the UK to settle permanently with you

EEA2 -Residence Card - This for using once your non-EEA wife has come to the UK after getting her Family Permit (above) and wishes to confirm her right to remain in the UK for 5 years.

EEA1 - Registration Certificate - This is the form which you (an EEA national) can use to confirm your right to remain in the UK as an EEA citizen.

I will leave you to decide which is the correct form for your circumstances.

If you are a pensioner then you will still have to show that your income is sufficient to support/accomodate you and your wife without the need to access any more in public funds than you already do. So, you have to prove your income in the above way and give full details of where you will both live and show (possibly by way of a budget that you can afford the day to day expenses of your wife being here.

There is no set pre-defined amount you must show. It is judged on a case-by-case basis and therefore you have to show the specific housing costs which you will have to meet where you live together with the other specific general expenses.

Kind regards,


Tom

Thomas and 2 other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

My wife has the VAF5 and We want to apply for the EEA2


 


One condition is that we should have sufficient funds available as to not become a burden on the state..


 


I have not been able to find an actual figure so what would happen if we are told our funds are insufficient. Can she be deported. I have to say I find it very upsetting not to have a figure for comparison and that the decision might be in the hand of some civil servant who apparently has no guide lines


 


so pls let me have your thoughts

Expert:  Thomas replied 3 years ago.
Hi

Once they are satisfied that you are married and that the marriage is genuine and credible there is practically no chance that she would be deported.

I know it's frustrating that you don't have a figure to work to, but costs of living vary quite a bit across the country and this is the reason why.

If the decision was rejected then you would be able to appeal where your evidence would get a much fairer hearing.

Kind regaards

Tom

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