EEA2 Application Question

Happy Peep · Post by **Happy Peep** » Sat Dec 29, 2007 7:22 pm

I am new to this board and happy to see the kind of help everyone offers it is truly invaluable especially to migrants of all sorts.

I have 3 main questions which i need help with

1. My Hubby and i married 3 years ago at civil ceremony and as a failed asylum seeker i see that as long as am working and Exercising my treaty rights (have done so for over 5 years) Can i apply for him to have a residency card for 5 years so that he can live a normal life? ....and would his failed case affect his application

2.His mother is currently in the same boat trying the appeals process and i wonder if she will be able to apply with my form although she is indirectly related to me or can she then apply through my hubby (assuming he gets the residency card)

any type of help and guidance would be much welcome.

May the good Lord bless everyone.

Happy

JA13I · Post by **JA13I** » Sat Dec 29, 2007 10:09 pm

To get a clearer picture to help answer your question, I got 2 questions for you-

1.What are your respective nationalities and what have you been doing in the UK and for how long?

2. What was your 3rd question?

Happy Peep · Post by **Happy Peep** » Sat Dec 29, 2007 10:16 pm

I am Irish and have been in employment since 1997. My hubb is from Africa.

I actually asked 2 questions in my first point. Applying for a residency card and would his failed case affect the application.

Thanks for your question

tasha75 · Post by **tasha75** » Sat Dec 29, 2007 10:54 pm

Is this the other side of this story:
http://www.immigrationboards.com/viewtopic.php?t=21905

kive · Post by **kive** » Sat Dec 29, 2007 11:40 pm

I am confused with your pasted link. What has the other post have to do with my question?

kive · Post by **kive** » Sat Dec 29, 2007 11:49 pm

My question is directed at tasha75 who has linked my post to the other post who has a predicament as good as mine while we may have partners who are from the same country am now estranged from my wife and as stated in my post i will give more info as soon as i have an updte. please do not confuse my issue with this other persons post. I am sorry happy to have used your post to respond to a anther member

k

JA13I · Post by **JA13I** » Sun Dec 30, 2007 1:24 am

kive, its quite easy to see what tasha75 is pointing out to as the points in both cases including the time of marriage amongst the other pointes are eeirily similar.

Happy Peep, your husband can indeed apply for the Residence Card using the EEA2 even if the asylum case is pending as it is only a confirmation of his right to reside with you as an Irish national exercising her treaty right. There is nothing that stops him from making the application while the asylum case is pending. It should also be noted that after a total of 5 years is completed as the family member of an EEA national exercising the treaty right,i.e- in another 2 more years, he could also apply for Permanent Residence using the EEA4.

The mother of your husband can also be included in the application if you can prove that she is dependant on you and is indeed a part of your household.

miel · Post by **miel** » Sun Dec 30, 2007 1:51 pm

Hey JA131

I see you wrote the following
"It should also be noted that after a total of 5 years is completed as the family member of an EEA national exercising the treaty right,i.e- in another 2 more years, he could also apply for Permanent Residence using the EEA4."

What exactly does this mean that if you have been exercising your treaty rights for 5 years or more you can apply for a permanent resident card? A friend of mine has been living in italy for 7 years with her husband of nearly 3 years and they wish to return to the UK so she can apply using the EEA4 as she has been exercising her treaty rights?

Happy Peep · Post by **Happy Peep** » Sun Dec 30, 2007 3:59 pm

JA13I thankyou for your comments. I am at a loss as well when you mention in 2 years he can apply for permanent residency. having read this post exhusivley i see yhat after completing three years of marriage he retains that right anyway. did you parhaps mean he can apply for an eea4 even before the 5 years expire. happy

Post by **John** » Sun Dec 30, 2007 5:36 pm

A friend of mine has been living in italy for 7 years with her husband of nearly 3 years and they wish to return to the UK so she can apply using the EEA4 as she has been exercising her treaty rights?

Yes she can ... after she has been exercising her EU Treaty Rights in the UK for 5 years!

What is the nationality of the friend? Has she applied for Italian citizenship?

JA13I · Post by **JA13I** » Mon Dec 31, 2007 11:06 am

miel, as pointed out by John, the 5 years have to be in the UK for them to obtain the Permanent Residence (PR) in UK. Staying for 5 years in Italy will not be sufficient to get the UK PR. To ask the question posted to you again- what is the nationality of your friend and how long have they been together as man and ... partner?

Happy Peep, inspite of having retained the right of residence after 3 years of marriage, there is the requirement of having spend a total of 5 years before the PR kicks in. So, accordingly, the right plan of action for you to follow right now is-

1) apply for the Residence Card using the EEA2 right now so that you have proof of entitlement to live and work in the UK.

2) after 2 more years, i.e after 5 years in total as the family member of the EEA national, apply for the PR. There is no need to wait for 5 years on the Residence Card and the 3 years that you have already spend waiting on the asylum decision should count for the time for PR as the family member of the EEA national! So, in short, the past 3 years that you spend waiting... it is not entirely lost!

Hope I have been clear enough.

Happy Peep · Post by **Happy Peep** » Mon Dec 31, 2007 12:21 pm

Thankyou very much JA13I, i now fully understand your point. I will make the application in the new year and will post my experience of the outcome. I hope others out there can benefit form this discussion.

Happy new year to everyone involved in this forum. It is simply the most helpful

Happy

miel · Post by **miel** » Mon Dec 31, 2007 12:40 pm

Hey my friend is from Scotland! And they have been together 4 years married nearly 3! They have one child....they had applied before they had their but were advised the visa issuing officer that he would not be granted it as he had entered Italy illegally. But he has been issued with a Italian residence card even before they were married so he is no longer illegal here!

They plan on moving back to the UK this year....

JA13I · Post by **JA13I** » Mon Dec 31, 2007 12:44 pm

miel, when you say he entered illegally but have since been issued a residence card, do you mean that he is currently legal in Italy? If so, for how long? ... and how good is his English?... good enough for a 'life in UK' test?

tasha75 · Post by **tasha75** » Tue Jan 01, 2008 12:28 pm

kive wrote:I am confused with your pasted link. What has the other post have to do with my question?

There are too many similarities, both in dates and in the situation. So I was just wondering if it was the same family in order to get the best picture of the whole situation.
But if, as you say, it was not your husband, then it's just spooky.

Happy Peep · Post by **Happy Peep** » Sun Jan 06, 2008 8:37 pm

Hi everyone happy new year am just filling out this eea2 form to post tomorrow and just checking i have filled all the relevant sections. I only post this as when filling the form i notice section 4 about employment. This section seems to refer to anyone applying for an eea or swiss member,and doesnt seem to refer to my employment specifically. In order for me to confirm i am exercising my eu treaty rights i have enclosed my wage slips for last 3 months, employment contract, gas and lecky bills with ///both our names///, my passport, my birth cert and his arc card.

1.Do i need to ommit section 4?

2. Have i enclosed enough for the application

any thoughts would be welcome.

Happy

Post by **John** » Sun Jan 06, 2008 8:56 pm

I think it comes down to this. If your spouse, that is, the EEA Citizen, is exercising their Treaty Rights by being employed, then details of their employment need to be entered in Section 4 of the form EEA2.

However, if the EEA Citizen is not economically active ..... for example as a housewife (or househusband) staying at home looking after children .... then you would enter details of your employment.

So no, don't omit Section 4 ..... just ensure it is completed with the correct person's information. As the form says :-

You must complete this section if your EEA or Swiss family member is a worker ie a person pursuing an effective and genuine activity for remuneration as an employed person. If you are supporting them through working, you must complete this section with your details.

Section 4 should only be blank if neither of you are employed.

Happy Peep · Post by **Happy Peep** » Sun Jan 06, 2008 9:04 pm

I think i may have confused people. My Husband is a non eu and the eea2 form is for him to aquire a residency card, so the details of employment would be mine not his. My interpretation is not no fill this section as he is a non eu. or am i still wrong?

Thanks again for your reply

Happy

Happy Peep · Post by **Happy Peep** » Sun Jan 06, 2008 9:27 pm

oops my Fault. I have now re read your post john and yes i do have to fill it out.

Thanks

Happy

Happy Peep · Post by **Happy Peep** » Thu Jan 17, 2008 5:56 pm

Hi all just to update you. I have had a very nice immigration lawyer send off my application having checked it out for free!!!! I did a job for him years ago and he agreed to receive the eea2 and send it off although i know i could have done it myself. Wish me and my husband luck as the stress of immigration for anyone is just sometimes too much to bear. I also wish anyone out there like runie80 who has just got a confirmation letter or sent their application who are in the same boat as my family.

Will keep people posted of my experience and hope it can help others.

happy

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EEA2 Application Question

EEA2 Application Question

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Thanks john

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Application sent