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See also European Casework Instructions, Chapter 2 - Rights of Non-EEA National family members of European Economic Area (EEA) Nationals (3 Issue of a residence card). I believe that it is not compulsory to hold an EEA Family Permit before applying for a residence card.Pasha wrote:Does anyone know if it is compulsory to have been graned the EEA Family Permit in order for my non-EEA spouse EEA 2 application to be valid and considered for her residence permit? She is currently on a vistors visa.
2 weeks in theory, but it can be up to 4. It could be quite a bit faster if they sent it first class (which they don't). Actually, if you ask (sue?) them for compensation (lost income etc), you should stand a pretty good chance of getting it, because the confirmation is supposed to be immediate.Pasha wrote:Is there an approximate time in which the Home Office will issue confirmation of my wifes EEA2 application so that she can then use this document for employment purposes?
You can try. But I asked for a confirmation to be sent "immediately", and it took over 3 weeks. Just do it, calculate your losses, and ask a lawyer whether you can recoup them.Pasha wrote:Should there is any unreasonable delay, would things such as confirmation of any offers of employment suffice to expediate issuing of acknowledgment of application being considered?
I admit that you have the theoretical right to work, but it widely accepted that it is de facto impossible to exercise it. The main reason is that the government itself (check your workers) asks to check for an endorsement from the Home Office before employing a "migrant worker".Docterror wrote:It is clear that the HO states that they are only confirming your right to work and not denying you the right as such. If you can find work and have to prove that to the employer that you have the right to work, the onus of proof lies on you and since the HO is in no way stopping you from working, I do not think you have any legal basis to sue them.
Although my wifes rights to reside and work in the UK is assumed and inherent on our marriage as opposed to her ability to produce evidence of this by way of Home Office documents, the type of jobs she is qualified for will require CRB Clearance as an IT Security Professional. Is there any legislation you could point me too that we should look and have ready to hand just incase there are any delays in the Home Office issuing documents to show to employers?It is clear that the HO states that they are only confirming your right to work and not denying you the right as such. If you can find work and have to prove that to the employer that you have the right to work, the onus of proof lies on you and since the HO is in no way stopping you from working.
Can my family work in the United Kingdom?
Yes, your family can work in the United Kingdom and they do not need a work permit.
Also have a look of 1.1 of these IDIsYour non-EEA national family members can apply for a Residence Card which confirms that they have a right to live with you in the United Kingdom.
stonyb
Newbie
Joined: 09 Nov 2007
Posts: 4
Location: UK
Posted: Fri Nov 09, 2007 10:20 am Post subject: EEA2 - Processing time
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My step-daughter is a non-EEA national who has been married to an EEA national (Spanish) for 5 years. They have both been living and working in the UK for more than five years. She applied on EEA2 for Perm Residence Card, 28 days before her initial 5 year right to reside (as wife of an EEA national) expired. It is now almost three months since she received acknowledgement of the application but has heard nothing further.
Does anyone on this board have any recent experience of how long it is taking to process EEA2 applications.
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Stonyb
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Docterror
Sage
Joined: 26 Dec 2006
Posts: 931
Location: Stoke-on-trent, UK
Posted: Fri Nov 09, 2007 10:39 am Post subject:
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Why did she use the EEA2 for the Permanent Residence Card?
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Jabi
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stonyb
Newbie
Joined: 09 Nov 2007
Posts: 4
Location: UK
Posted: Fri Nov 09, 2007 10:50 am Post subject:
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Jabi - you are right - thanks for pointing out it should not have been EEA2 - in fact it was EEA4 that was submitted.
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Stonyb