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i am new to this site but i hope i get the answers i need. My wife is polish national . I am accompanying her to UK visa Calais

I have payslips , bank statement , contract of employment , probabtion letter , employment letter , accomodation letter from the property agency and property contract, marriage certificate poland , Nikkah certificate berlin (islamic religious marriage), Joint accomodation letter poland , joint acc bank statement poland bank (Pounds currency) , UK wife transfer to our account in poland , pictures to show our relation , travel insurance , court letter to show i have no offences in poland.

My residence card decision letter which states Residence card issued on the basis of family member of polish citizen (Does this not help as much as article 10 residence card) ?

Am i missing anything ?

I will be travelling by my car covering 1300 KM and i would like to know the right law so i can reason with them.

I found C-459/99 (MRAX vs Kingdom of belgium) and it is incorporated in directive 2004/38/EC.

I found a case of Akrich 2003 (Case-C-109/01 SSHD v Hacene Akrich) , where court said the marriage is genuine and it doesn't matter if the EU national choose freedom of movement to join the non eu spouse .

So i want to know solid grounds where i can convince them to let me in as my wife is employed in UK and making a living.

  • Why the focus on establishing your rights at the border? Why not apply for an EEA family permit? – Gala Nov 5 '17 at 21:13
  • it takes 3 weeks to get the decision and then i don't know if they will issue the visa without any hastle . I want to be there with my brother on the first child birth. Also i would like to exercise my freedom of movement rights and if that doesn't go well then i can always apply for an eea family permit . – Malik Nov 5 '17 at 21:17
  • @Malik It's true there is a delay and it used to be much worse than three weeks. So if you are hoping to enter the UK this week, the family permit is unlikely to help. But in any other scenario, you should try it first. Even if it does not arrive in time, you have lost nothing and can still try at the border. I would urge you to look into that before spending so much money and energy into a more risky plan. – Gala Nov 5 '17 at 22:14
  • Importantly, the fact you are covered by the EU freedom of movement is not a good reason to avoid the EEA family permit, quite the contrary. The EEA family permit is based on EU law. It's what's it's for and is only available to people who are covered by the EU freedom of movement. The requirements to get such a permit or to enter without a visa are therefore exactly the same and trying to get these rights recognised at the border is definitely a bigger hassle. – Gala Nov 5 '17 at 22:16
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Under freedom of movement rules, to enter the UK you do not need anything more than

  • your passport
  • proof of your wife's citizenship
  • proof of your relationship
  • if your wife has been in the UK for more than three months, proof that she is a "qualified person" (for example, proof that she is employed in the UK).

So you do not need bank statements, accommodation letters or contracts, or other financial records. You also do not need travel insurance, and you would not normally need to show that you have no criminal record; a criminal record is not by itself a bar to immigration under EU freedom of movement.

If you have been married relatively recently, you may be required to show that yours is not a marriage of convenience. In that case, evidence showing that yours is a genuine relationship will be useful. However, if you have lived together, you should not normally be asked to show any evidence beyond that needed to show that you have lived together.

If you are worried about whether the officer at the border will accept your assertion of right under the freedom of movement rules, then you should apply for an EEA family permit before you leave Poland.

The MRAX case is relevant to you, but you don't need to mention it because it has already been incorporated into the relevant laws.

The Akrich case is not relevant to you because it concerns family of EU citizens who are moving to the EU citizen's country of citizenship (in your case, Poland).

  • Thanks i will keep these instructions in my mind . What is considered a recent marriage ? I did Religious marriage more than a year and registered soon to be a year . – Malik Nov 5 '17 at 20:34
  • Should i make a pre booking for ferry and a return ticket to show them ? – Malik Nov 5 '17 at 20:37
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    @Malik I think recent is within the last 2 years, but I don't remember for sure. Return ticket is irrelevant for freedom of movement. – phoog Nov 5 '17 at 20:46

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